Tag: arising out of the employment

Sep 29, 2022

Injuries Sustained by MS Worker in Fight Over Country Music Not Compensable

In a case with a bizarre fact pattern, a Mississippi appellate court affirmed the denial of workers’ compensation benefits to a worker who sustained injuries in a workplace altercation [Hollis...

Injuries Sustained by MS Worker in Fight Over Country Music Not Compensable Injuries Sustained by MS Worker in Fight Over Country Music Not Compensable
Feb 11, 2022

Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer

In a case arising out of a tragic and bizarre 2017 multiple-shooting incident at a New York hospital, a state appellate court reversed a decision of the Empire State’s Workers’...

Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer Mass Shooting Victim’s NY Civil Action May Move Forward Against Employer
Jan 13, 2022

Delaware High Court Says Sinkhole Injuries Were Not Compensable

The Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...

Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not Compensable
Jun 22, 2020

Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries

Jettisoning a decision that had stood for more than 85 years, a divided Supreme Court of Georgia overruled Ocean Acc. & Guar. Corp. v. Farr, 180 Ga. 266 (178 SE...

Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries Supreme Court of Georgia Jettisons 85-Year-Old Decision Regarding “Off-the-Clock” Injuries
May 28, 2019

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...

Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases Oregon Supreme Court Clarifies Standard in Unexplained Fall Cases
May 23, 2019

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...

Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable? Tornadoes and other “Acts of God”: When Are Weather-Related Injuries Compensable?
Feb 22, 2016

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...

Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired Georgia Mother May Sue Deceased Son’s Employer and Staffing Company Where Co-Worker Murderer May Have been Negligently Hired
Aug 3, 2012

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...

Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake Alabama: Court Reverses Award of Benefits to Truck Driver Bitten by Rattlesnake
Aug 2, 2012

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...

VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable VA: Nurse’s Injury to Finger As She Reached Into Personal Handbag To Retrieve “Favorite” Pen Is Not Compensable
Jul 29, 2012

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...

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