News & Analysis as of

Traveling Employee Workers' Compensation Claim

Marshall Dennehey

Delaware Superior Court Reverses Industrial Accident Board Decision, Holding the Board Erred as a Matter of Law and Abused Its...

Marshall Dennehey on

United Parcel Service v. Willis, 2024 WL 5039034 (Del. Super. Ct. Dec. 6, 2024) - On June 8, 2021, at approximately 4 a.m., Mr. Willis was involved in single-vehicle accident when his work truck struck a guardrail. The...more

Marshall Dennehey

Top 10 Developments in Pennsylvania Workers’ Compensation in 2024

Marshall Dennehey on

1. Commonwealth Court holds that an employer’s failure to reimburse a claimant for out-of-pocket payments for CBD oil is in violation of the Act. Schmidt v. Schmidt, Kirifides & Rassias, Pa. C. (WCAB), 305 A.3d 1137 (Pa....more

Weber Gallagher Simpson Stapleton Fires &...

New York Workers’ Compensation Ruling Roundup – September 2024

Matter v. Google 3rd Dept. 9/26/24 CV-23-0719 - In this case, the Claimant was a Google executive who got lost looking for a bus after a work happy hour event in Manhattan when two motorized bicycles hit him crossing a...more

Marshall Dennehey

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Marshall Dennehey on

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as  a result, he had to stay at the...more

Marshall Dennehey

Appellate Division Finds That Paid Status During a Break Does Not Mandate Workers’ Compensation Coverage and Affirmed the...

Marshall Dennehey on

Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 (Mar. 25, 2024) - The petitioner appealed the dismissal of her workers’ compensation claim. She was working for the respondent as a dispatcher, and on her meal break in...more

Marshall Dennehey

Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee...

Marshall Dennehey on

Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more

Weber Gallagher Simpson Stapleton Fires &...

Injuries During A Paid Travel Time Lunch Break Are Deemed Non-Compensable

On March 25, 2024, in an unpublished decision, the Superior Court of New Jersey Appellate Division rendered a decision that provided clarity with respect to the analysis of an off-premises lunchtime injury. In Latschaw v....more

Weber Gallagher Simpson Stapleton Fires &...

Traveling Employees Always Have Greater Coverage In Course And Scope Of Employment Decisions

On October 12, 2022, in an unpublished decision by the Superior Court Appellate Division, the Courts once again followed the practice of finding greater coverage for course and scope of employment issues with a traveling...more

Goldberg Segalla

In Florida, Clarification of Workers’ Compensation Language about Employer-Provided Transportation and Traveling Employees

Goldberg Segalla on

Key Takeaways - Injuries sustained while going and coming from work are not compensable, but exceptions can apply with employer-provided transportation. No compensability when employer provides transportation for the...more

Chartwell Law

The Supreme Court of Pennsylvania’s Recent Analysis of the Traveling Employee Doctrine and Workers’ Compensation Liability

Chartwell Law on

As we approach the time of the year for employer-sponsored holiday and end-of-the-year social gatherings, the analysis of the traveling employee doctrine by the Pennsylvania Supreme Court is both informative and instructive...more

Tucker Arensberg, P.C.

PA Supreme Court Extends Employer Liability For Injury Sustained After Work Happy Hour

Tucker Arensberg, P.C. on

The PA Supreme Court has extended the Workers’ Comp application of the “traveling employee” doctrine to include an employee’s attendance at happy hours, holiday parties and other social gatherings that are sponsored by the...more

Chartwell Law

The Course and Scope of Employment

Chartwell Law on

Chartwell Law's Jason Hanford, Esq., Robert J. Baker, and Christopher D. Pavuk, Esq. present this informative webinar addressing the course and scope of Pennsylvania employment. During this presentation, our panelists cover...more

Spilman Thomas & Battle, PLLC

West Virginia Workers’ Compensation COVID-19 Quick Guide

When must an Employer’s First Report of Injury be filed? The employer must submit information about the injury to the insurance carrier within five (5) days of the employee's notice of injury. ...more

Jackson Walker

COVID-19 & Your Business: Frequent Questions

Jackson Walker on

With heightened concern about the possible spread of COVID-19, a number of issues arise that concern businesses of all kinds. In this article, we discuss some questions companies frequently ask. Because physicians and...more

Dentons

Coronavirus in the Workplace

Dentons on

The news is full of both images and stories about coronavirus/COVID-19 and the toll it’s taking in China. With increased activity in the United States and travel restrictions, as well as some U.S. citizens being quarantined,...more

Payne & Fears

Key California Employment Law Cases: January 2020

Payne & Fears on

Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

Chartwell Law

Course and Scope: Don’t Fall Victim to the Geography Rule

Chartwell Law on

In Peters v. WCAB (Cintas Corp), No. 1835 C.D. 2017, the Commonwealth Court was tasked with deciding another traveling employee course and scope issue and they seemed to establish a bright line rule, based solely on...more

McNees Wallace & Nurick LLC

On The Road Again: Where Does Jurisdiction Lie for a Traveling Employee's Out of State Work Injury?

For companies that employ traveling employees, such as truck drivers, dealing with work injuries sustained by such employees can be challenging, because predicting which state will have jurisdiction over the employee's injury...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide