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,...
Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with Passenger Aggressive Kentucky Bus Driver Denied Benefits for Injuries Sustained in Fight with PassengerWhere 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...
Virginia Commission Should Have Considered Employment-Related Risks of Assault Virginia Commission Should Have Considered Employment-Related Risks of AssaultIn 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...
Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found Compensable Alabama Accountant’s Fatal Shooting by Disgruntled Former Client Found CompensableClaimant 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...
Pre-Shift Assault on NYC Train Conductor at Station Not Compensable Pre-Shift Assault on NYC Train Conductor at Station Not Compensable© 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...
The Top 10 Bizarre Workers’ Comp Cases for 2016 The Top 10 Bizarre Workers’ Comp Cases for 2016A 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 HiredIn 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...
Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not Compensable Divided PA Supreme Court Says Mother/Caregiver’s Injuries at Hands of Knife-Wielding Son Were Not CompensableWhere 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...
Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the Employment Assault by Nebraska Employee Against Sex Offender Co-Employee Did Not Arise from the EmploymentThe 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...
Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random Stranger Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random StrangerLast Friday, a Missouri appellate court reversed a decision by a state trial court that had sustained a defendant-employer’s motion for summary judgment in a wrongful death action filed against...
Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine Missouri: Boyfriend’s Murder of Employee Did Not Arise From the Employment; Wrongful Death Action Not Barred by Exclusive Remedy Doctrine