Construing Florida’s “going and coming” statute, § 440.092(2), Fla. Stat., a state appellate court affirmed a finding by a judge of compensation claims that injuries sustained by an American Airlines...
Claim of FL Airlines Employee Barred by Going and Coming Statute Claim of FL Airlines Employee Barred by Going and Coming StatuteYesterday, the Supreme Court of New Jersey, reversing a decision of the Superior Court, Appellate Division [see 466 N.J. Super. 160, 245 A.3d 1019 (App. Div. 2021)], found that serious injuries...
NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are Compensable NJ Librarian’s Parking Lot Injuries When Struck by Snowplow are CompensableThe Supreme Court of Delaware affirmed the denial of workers’ compensation benefits to a courthouse employee who sustained injuries in a sinkhole accident near—but not on the courthouse property [Browning...
Delaware High Court Says Sinkhole Injuries Were Not Compensable Delaware High Court Says Sinkhole Injuries Were Not CompensableConstruing the “parking lot” exception to the standard going and coming rule, an Oregon appellate court affirmed an award of benefits to a dental hygienist who sustained injuries when she...
Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming Rule Oregon Employee’s Slip and Fall Claim in “Annex Parking Area” Not Barred by Going and Coming RuleThe Supreme Court of South Dakota recently affirmed a trial court’s decision that granted summary judgment to a municipality and a volunteer fire department on the basis that the department’s...
South Dakota Court “Borrows” Going and Coming Rule for Negligence Action South Dakota Court “Borrows” Going and Coming Rule for Negligence ActionReiterating New York’s special “gray area” rule, pursuant to which injuries sustained in public areas near the employment—but not on the employer’s premises—are nevertheless compensable where the risks of street...
NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of Employment NY Court Agrees Claimant’s Injuries Occurred Within “Gray Area” of EmploymentAn Ohio appellate court affirmed the denial of workers’ compensation benefits to a home health care aide who sustained a T12 vertebrae compression fracture when she slipped and fell on...
Ohio Home Health Aide’s Injuries Outside Client’s Residence Not Compensable Ohio Home Health Aide’s Injuries Outside Client’s Residence Not CompensableA Pennsylvania appellate court reversed a decision of a state workers’ compensation judge, affirmed by the state’s Board, that had denied workers’ compensation benefits to a janitor who sustained injuries...
PA Court Says Janitor’s Fall Near Entrance of Building is Compensable PA Court Says Janitor’s Fall Near Entrance of Building is CompensableReversing a decision of a state workers’ compensation judge, the Superior Court of New Jersey, Appellate Division, found that injuries sustained by a township librarian, when she and her husband...
NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s Premises NJ Township Librarian’s Injuries in Township Parking Lot Did Not Occur on the Employer’s PremisesWithin the community of workers’ compensation professionals, most of our COVID-19 attention has been directed to presumptions of compensability and to the relatively unprecedented awarding of benefits to employees who...
Opinion Mondays: COVID-19 and the Going and Coming Rule Opinion Mondays: COVID-19 and the Going and Coming RuleAdopting a "totality-of-the-circumstances" approach to determine whether a police officer's injury fell within the so-called "law-enforcement" exception to the standard going and coming rule, the Supreme Court of Nevada reversed...
Las Vegas Police Officer's Injuries During Commute Home Were Compensable Las Vegas Police Officer's Injuries During Commute Home Were CompensableAgain illustrating the discretionary power of a board or commission to make factual findings, a New York appellate court affirmed a decision by the state’s Workers’ Compensation Board denying benefits...
NY Retail Employee Loses Her "Gray Area" Injury Claim NY Retail Employee Loses Her "Gray Area" Injury Claim