Arkansas: Fall in Company Parking Lot While Returning Lunch Box is Not...
Illustrating the significant deference given to the Commission’s factual findings, an Arkansas appellate court recently affirmed the denial of benefits to an employee who sustained injuries when he...
View Article“Dog Bites Man”: Pennsylvania Court Affirms Award for Worker Bitten By...
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...
View ArticleKentucky 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 reversed...
View ArticleTell-Tale Web Page on Employee’s Blackberry Spells Doom for South Dakota Comp...
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 course of his employment in spite of some...
View ArticleNo Recovery for Home-Based Workers’ Comp Adjuster Who Trips Over Her Dog
Deeply Divided Florida Court Says Risk of Tripping Did Not Arise Out of Employment Emphasizing that eligibility for workers’ compensation benefits turns on whether the employment led to the risk of...
View ArticleD.C. Subway Manager’s Injuries During Two-Hour Break Found Compensable
Quoting Larson’s Workers’ Compensation Law, § 21.02, the District of Columbia Court of Appeals vacated a decision of the D.C.’s Compensation Review Board (CRB) that had denied workers’ compensation...
View ArticleOregon Employee Recovers Benefits Following Explosion of Energy Drink
In a case with a rather bizarre fact pattern, an Oregon appellate court affirmed a decision by the state’s Workers’ Compensation Board that awarded benefits to a painter who sustained an eye injury...
View ArticlePA 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...
View ArticleEstablishing “Personal Comfort” Activity Is Only Half the Battle, says OR Court
Stressing that the focus of the personal comfort doctrine was to determine if an employee’s actions occurred during the course of the employment, the Court of Appeals of Oregon held a workers’...
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