Tag Archives: assault

Assault on NYC Subway Employee Exiting Train Did Not Occur In Course of Employment

Employee Had Clocked Out and Traveled Six Stops Toward His Home Where a New York City subway train cleaner clocked out at the end of his shift, left his assigned work train station, traveled toward his home on a subway … Continue reading

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Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with Passenger

The Supreme Court of Kentucky, affirming a lower court’s decision denying workers’ compensation benefits to a bus driver who alleged that he sustained injuries in an altercation with a passenger, held that if a claimant’s aggressive or inflammatory behavior proximately … Continue reading

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Virginia Commission Should Have Considered Employment-Related Risks of Assault

Where an overnight attendant at a rest area was stabbed in the face by a former co-worker whose motive could not be determined—the assailant committed suicide later the same day—the attendant might still prevail on his workers’ compensation claim if … Continue reading

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Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found Compensable

In a case with a bizarre fact pattern, an Alabama appellate court affirmed an award of workers’ compensation death benefits to the surviving spouse of an accountant who was stalked and then shot to death because her assailant blamed the … Continue reading

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Pre-Shift Assault on NYC Train Conductor at Station Not Compensable

Claimant Fails to Establish Exception to Going and Coming Rule Yesterday, a New York appellate court affirmed a decision of the state’s Workers’ Compensation Board that denied the claim of a Transit Authority conductor who sustained injuries when she was … Continue reading

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The Top 10 Bizarre Workers’ Comp Cases for 2016

© Copyright 2016. Thomas A. Robinson. All rights reserved. For reprint permission, contact tom@workcompwriter.com. For the past ten Decembers or so, I have annually compiled what I think are the Top 10 bizarre workers’ compensation cases for the year. Typically, … 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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Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable

In a truly bizarre case, a divided Supreme Court of Pennsylvania held that the state’s Commonwealth Court erred in finding that a claimant met her burden of proving that she sustained a work-related injury in the course and scope of … Continue reading

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Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment

Where an employee (“Bates”) assaulted a co-employee (“McDaniel”) after Bates performed an Internet search and discovered that McDaniel was a registered sex offender, the assault did not arise out of and in the course of the employment in spite of … Continue reading

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Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random Stranger

The Supreme Court of Rhode Island recently quashed a decree by the state’s Workers’ Compensation Court Appellate Division that in turn had affirmed a denial of workers’ compensation benefits to a Verizon service technician who was assaulted by a random … Continue reading

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