Tag: deviation

Jan 18, 2022

PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine

Applying the personal comfort doctrine [see Larson’s Workers’ Compensation Law, § 21.01, et seq.], pursuant to which small, temporary departures from work to administer to personal comforts or convenience are...

PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine PA Court Agrees Injuries Were Compensable under Personal Comfort Doctrine
Apr 28, 2021

Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault

An Illinois appellate court affirmed the denial of workers’ compensation benefits to a university employee who sustained injuries when she tripped and fell as she stepped over a chain barrier...

Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault Illinois Court Tacitly Says No Recovery Since Injury Was Claimant’s Fault
Feb 8, 2021

24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment

A New York appellate court reversed a finding by the state's Workers' Compensation Board that had denied workers' compensation benefits to a home health attendant who provided care to one...

24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment 24-Hour NY Home Health Attendant’s Stop at Personal Physician’s Office Was Not a Deviation from Employment
Sep 1, 2020

Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His Blood

A Colorado appellate court recently affirmed a decision by the state's Industrial Claim Appeals Office that found an airline pilot’s widow and children were entitled to survivor benefits after the...

Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His Blood Colorado Court: Pilot Not Engaged in Personal Deviation in Spite of Elevated Alcohol Level in His Blood
Apr 30, 2020

Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit

In a decision not designated for publication, an appellate court from the state of Washington affirmed a jury’s determination that an injured worker was intoxicated to such an extent that...

Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit Washington Landscaper Denied Benefits After "Blowing" Twice the Legal Limit
Mar 20, 2020

Personal Deviation Sinks Mississippi Salesman’s Claim

Construing the “dual purpose” rule, as utilized in Mississippi, the state’s Court of Appeals, in a deeply divided (6-4) decision, affirmed a decision of the Mississippi Workers’ Compensation Commission that...

Personal Deviation Sinks Mississippi Salesman’s Claim Personal Deviation Sinks Mississippi Salesman’s Claim
Dec 19, 2019

Nevada Supreme Court Sets Out Rules Regarding Traveling Employees

In a case of first impression, the Supreme Court of Nevada addressed the traveling employee rule and, quoting Larson’s Workers’ Compensation Law, § 25.01, approved of the so-called Larson rule...

Nevada Supreme Court Sets Out Rules Regarding Traveling Employees Nevada Supreme Court Sets Out Rules Regarding Traveling Employees
Jul 26, 2019

Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine

Sufficient evidence existed in the record to support the commissioner’s (and the district court’s) determination that a nurse, who worked for the employer providing in-home nursing services to patients, sustained...

Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine Iowa In-Home Nurse’s Injuries in Head-On Collision Compensable in Spite of Slight Deviation From Routine
Nov 16, 2018

Farm Worker’s Quick Visit to See Girlfriend and Get Beer Was Unreasonable Deviation From Employment

No Compensation Benefits for Injuries Sustained in Accident A farm worker, who sustained serious injuries in a vehicular accident when he failed to yield the right of way to oncoming...

Farm Worker’s Quick Visit to See Girlfriend and Get Beer Was Unreasonable Deviation From Employment Farm Worker’s Quick Visit to See Girlfriend and Get Beer Was Unreasonable Deviation From Employment
Oct 6, 2017

Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable

A person in the status of a traveling employee is continuously within the course and scope of the employment while traveling, except when the person is engaged in a distinct...

Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable Oregon: Traveling Employee’s Death While Returning From Shopping Trip Was Not Compensable