Showing posts with label deviation. Show all posts
Showing posts with label deviation. Show all posts
Tuesday, March 26, 2024
Deviation From Employment
The NJ Appellate Division held that an emergency police dispatcher who was injured in a car accident while returning to work from a lunch break was not entitled to workers' compensation benefits.
Monday, July 22, 2013
Transportation Accidents: Data Recorders Will Soon Define Compensability of Accidents
Workers' compensation claims are often defined by whether the accident arose out of and in the course of the employment. New technology in the coming years maybe become critical evidence in determining the casual relationship of transportation accidents as well as whether the employee deviated from the employment at the time of the event.
"....at the center of a growing debate over a little-known but increasingly important piece of equipment buried deep inside a car: the event data recorder, more commonly known as the black box.
"About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.
"The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.
Click here to read the entire article, "A Black Box for Car Crashes" NY Times
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| Event Data Recorder |
"....at the center of a growing debate over a little-known but increasingly important piece of equipment buried deep inside a car: the event data recorder, more commonly known as the black box.
"About 96 percent of all new vehicles sold in the United States have the boxes, and in September 2014, if the National Highway Traffic Safety Administration has its way, all will have them.
"The boxes have long been used by car companies to assess the performance of their vehicles. But data stored in the devices is increasingly being used to identify safety problems in cars and as evidence in traffic accidents and criminal cases. And the trove of data inside the boxes has raised privacy concerns, including questions about who owns the information, and what it can be used for, even as critics have raised questions about its reliability.
Click here to read the entire article, "A Black Box for Car Crashes" NY Times
Wednesday, March 30, 2011
Drugs, Alcohol and Mauling Bears
Guest Blog by Thomas M. Domer
I’ve received dozens of emails and phone calls from friends and colleagues railing on the Montana court ruling granting workers’ comp benefits to a man high on pot when a grizzly mauled him at a nature park. “How ridiculous, how unfair!” rings the common theme from almost every caller.
In response, I remind folks that the court said grizzlies are ”equal opportunity maulers”, and no proof existed that the man provoked the attack because he was high. I also remind everyone that workers’ comp is a no-fault insurance system, where concepts like “fairness” are all very relative.
Many states, including Wisconsin, hold that if an injury results from intoxication (by alcohol or drugs) benefits are not denied, but reduced (usually by 15%) as an employee safety violation, but intoxication is not evidence of a deviation if the employee is otherwise in the course of employment. The much-heralded “Frozen Fingers” case in Wisconsin confirmed that rule, where a salesman was so drunk he couldn’t open his own door, passed out and has his frostbitten fingers amputated. Benefits were awarded, but reduced by 15%.
Thomas M. Domer practices in Milwaukee, Wisconsin (www.domerlaw.com). He has authored and edited several publications including the legal treatise Wisconsin Workers' Compensation Law (West) and he is the Editor of the national publication, Workers' First Watch. Tom is past chair of the Workers' Compensation Section of the American Association for Justice. He is a charter Fellow in the College of Workers' Compensation Lawyers. He co-authors the nationally recognized Wisconsin Workers' Compensation Experts Blog.
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