Tag Archives: going and coming

California In-Home Caretaker Awarded Benefits for Injuries Sustained in Bicycle Accident

Observing that California’s “required vehicle” exception to the going and coming rule arises where the employee’s use of his or her own vehicle gives some incidental benefit to the employer, a state appellate court held that an in-home caretaker sustained … Continue reading

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South Carolina High Court Adopts Larson’s “Divided Premises” Rule

Adopting Dr. Arthur Larson’s “divided premises” rule [Larson’s Workers’ Compensation Law § 13.01[4][b]], in which an employee remains within the course and scope of the employment while traveling along or across a public road between two portions of the employer’s … Continue reading

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Illinois Court Says Flight Attendant is Not a Traveling Employee While “Commuting”

In what at first blush might appear as a counter-intuitive ruling, an Illinois appellate court has held that a flight attendant who injured her knee on a flight from Denver to New York on the day before she was scheduled … Continue reading

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Virgin Islands: Going and Coming—Is Break Taken to Run Errands a “Lunch” Break

In what Professor Larson would have referred to as an “upside-down” exclusivity case—where the employee tries to prove that her injuries were not covered by the applicable workers’ compensation law in order that she might instead pursue a tort action … Continue reading

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Louisiana: Mileage Payment Does Not Bring EMT’s Travel Within the Employment; Going and Coming Rule Bars Claim

In Potier v. Acadian Ambulance Serv., Inc., 2014 La. App. LEXIS 347 (February 12, 2014), a Louisiana appellate court recently affirmed a decision by a state workers’ compensation judge that granted an employer summary judgment, on the basis of the … Continue reading

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Illinois: Divided High Court Finds Injured Employee was Not a “Traveling Employee”

Construing the “traveling employee” rule, the Supreme Court of Illinois, in a divided decision, yesterday held that a worker who took a position with an employer located some 200 miles from his home, who had temporarily relocated at a nearby … Continue reading

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Illinois: Workers’ Comp’s “Traveling Employee” Rule May Not Be Expanded to Tort Arena

Under workers’ compensation law’s so-called “going and coming” rule, for an employee having fixed hours and place of work, injuries sustained en route to or from the workplace are generally not compensable; the ordinary commute is not within the ordinary … Continue reading

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Connecticut: Special Statute Providing Benefits to Police Officers and Firefighters Injured During “Commute” Did Not Apply to Injury in Officer’s Driveway

The basic “going and coming” rule, in effect in the vast majority of jurisdictions, is that for an employee having fixed hours and place of work, injuries sustained going to and from work do not arise out of and in … Continue reading

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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 visit to a credit union to get cash [Ruiz v. … Continue reading

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North Carolina Worker Injured While Retrieving Paycheck Denied Benefits Under “Going and Coming” Rule

A North Carolina appellate court, in Quiroz v. Metropols Statuary, Inc., 2011 N.C. App. LEXIS 2619 (Dec. 20, 2011), recently affirmed a decision by the state’s Industrial Commission that had denied workers’ compensation benefits to a laborer who injured his … Continue reading

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