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SIGNIFICANT CASE SUMMARIES Maryland Case Summary In Re: Payton No. 1122, 2022 Term Maryland Court of Special Appeals Decided: March 4, 2024 No exceptions to the coming and going rule applied, rendering a claim non-compensable. Background: The Claimant, a police officer, drove to work and from the parking lot used a remote application to clock… read more

SIGNIFICANT CASE SUMMARIES New Jersey Case Summary Latshaw v. Lakewood Twp. Police Dep’t, No. A-3702-21 Superior Court of New Jersey, Appellate Division Decided: March 25, 2024 Being paid while running errands may not be sufficient to establish that a petitioner was in the course and scope of employment. Background: The Petitioner was a dispatcher for… read more

SIGNIFICANT CASE SUMMARIES West Virginia Case Summary Tennant v. ACNR Resources, Inc. No. 23-ICA-407 Intermediate Court of Appeals of West Virginia Decided: March 25, 2024 If an employer can show that the claimant sustained a prior injury and/or was symptomatic for the alleged work-related condition prior to an alleged work injury and the fact finder… read more

Pennsylvania Case Summaries Martinez v. Lewis Tree Service (WCAB) Commonwealth Court of Pennsylvania No. 298 C.D. 2023 Decided February 8, 2024 A tree trimmer was found to be a traveling employee acting within course of scope of employment. Background The Claimant was employed as a crew leader for Employer’s tree-trimming business. On October 1, 2021,… read more

West Virginia Case Summary Patton Bldg. Servs., Inc. v. Kaida State of West Virginia Supreme Court of Appeals No. 22-0177, 2024 W. Va. LEXIS 98 Decided February 26, 2024 There must be an actual medical diagnosis for a claim to be found compensable, not simply a description of symptoms. Background The Claimant, a janitor, filed… read more