Tag Archives: arising out of the employment

Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases

Finding that both the Oregon Workers’ Compensation Board and the state’s Court of Appeals had erroneously utilized the appropriate legal standard in their attempts to determine whether a bank employee’s fall was “unexplained” and, therefore, compensable, the Supreme Court of … Continue reading

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Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?

Yesterday, I had an interesting e-mail exchange with a blog subscriber who wanted my take on the compensability of injuries resulting from Acts of God, specifically, tornadoes and and lightning strikes. Her question had been prompted by the fact that … Continue reading

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Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired

A mother’s wrongful death action against her son’s employer was not barred by the exclusive remedy provisions of the Georgia Workers’ Compensation Act (“Act”) where the undisputed facts clearly showed that her son’s death did not arise out of the … Continue reading

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Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake

As a father of three sons and a daughter–they’re all grown now–I’ve had more than one occasion to repeat to myself a favorite line spoken by another dad, this one a father who appears in a wonderful Southern novel by … Continue reading

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VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable

The Court of Appeals of Virginia recently reversed a decision by the state’s Workers’ Compensation Commission that had awarded workers’ compensation benefits to a nurse who injured her finger on a piece of Velcro® when she reached inside her handbag … Continue reading

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VA: Virginia Court Mischaracterizes “Actual Risk” Test in Determining Legal Causation, Yet Offers Motherly Advice: “Waiters, Take Small Bites!”

Affirming a decision of the state’s Workers’ Compensation Commission that had denied benefits to a restaurant host/waiter who injured his esophagus while attempting to swallow a bite of quesadilla that he was tasting in order to be able to make … Continue reading

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