Tag: deviation

Mar 15, 2017

Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling Employee

Reiterating that Georgia Superior Courts are required to give appropriate deference to the factual findings of the Appellate Division of the Board of Workers’ Compensation, the Court of Appeals of...

Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling Employee Employer-Provided Motel Room Insufficient to Transform Georgia Worker into Traveling Employee
Nov 15, 2016

Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree

A Mississippi pipe fitter, who sustained five broken ribs and a spinal cord injury when he fell a distance of approximately 25 feet from the top of a gum tree...

Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree Boys Will Be Boys: Winning Comp Claim Isn’t as Easy as Falling Out of a Tree
Jan 7, 2016

Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity

That an office worker enjoyed walking did not transform her trip to the post office during the workday into recreational activity, held an Oregon appellate court recently in Sedgwick Claims...

Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity Oregon Court Says Walking to Post Office Isn’t “Recreational” Just Because Employee Enjoyed the Activity
Jun 9, 2015

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

An Arkansas tanker-truck driver sustained an injury arising out of and in the course of the employment when he was struck by a vehicle as the truck driver exited a...

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

Arkansas Truck Driver’s Fatal Injuries Sustained While Crossing Street After Break Are Compensable

Jun 8, 2015

South Dakota: Horseplay Injury During Lull In Workday Found Compensable

Applying the four Larson factors to determine whether an act of horseplay was or was not a substantial deviation from the employment [see Larson’s Workers’ Compensation Law, § 23.01], the...

South Dakota: Horseplay Injury During Lull In Workday Found Compensable South Dakota: Horseplay Injury During Lull In Workday Found Compensable
Mar 10, 2015

Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim

An employee’s injuries sustained in a one-car auto accident while he drove down a dead-end road some 2.5 miles from his office did not arise out of and in the...

Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim Tell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp Claim
Jan 13, 2015

Kentucky High Court Splits in Case Involving Personal Comfort Doctrine

In a split decision dealing with the application of the personal comfort doctrine described in Larson’s Workers’ Compensation Law, § 21.01, et seq., a majority of the Supreme Court of...

Kentucky High Court Splits in Case Involving Personal Comfort Doctrine Kentucky High Court Splits in Case Involving Personal Comfort Doctrine
Nov 11, 2014

“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine

Yesterday, a Pennsylvania appellate court affirmed an order by the state’s Workers’ Compensation Appeal Board awarding workers’ compensation benefits to a worker who sustained facial lacerations and permanent scarring when...

“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine “Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By Co-Worker’s Canine
Sep 9, 2014

Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment

An Ohio appellate court recently affirmed a jury’s determination that a home health care nursing director, who sustained injuries in an automobile accident as he drove from a restaurant to...

Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment Ohio Jury Uses MapQuest Data to Help Establish Significance of Claimant’s Deviation from Employment
Aug 15, 2013

Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp Claim

Some years ago, my mentor, Arthur Larson, when commenting upon the issue of deviations within the workplace, wrote that courts generally recognize “that human beings do not run on tracks...

Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp Claim Pennsylvania: 5-Minute Deviation Defeated Workers’ Comp Claim
Jan 21, 2013

Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable

A Louisiana appellate court recently affirmed the denial of a claim filed by a police sergeant who sustained injuries when he fell in a stairwell at Police Headquarters following a...

Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable Louisiana: Police Sergeant’s Short Trip to Headquarters To Get Cash From Credit Union Was Deviation From Employment; Injuries in Stairwell Not Compensable
Jan 14, 2012

Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment

Last Wednesday, a Georgia appellate court, holding the State Board of Workers’ Compensation had utilized an “erroneous theory” regarding what conduct constitutes a deviation from employment that will bar compensation...

Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment Georgia Appellate Court: Effort to Stop Runaway Car is Not a Deviation From the Employment