I. Zone Of Danger Exception. The course of employment may be extended beyond the premises if the off-premises conditions are risks of the employment. Whenever the hazards of the employment spill over the boundary-line and injure a worker on his or her way to or from work, those injuries should be compensable. 1 Larson, Sec. 15.31. When an employee's intoxication arose out of and in the...
H. Transportation Necessity Exception. In Medical Associates Clinic, P.C. v First National Bank Of Dubuque, 440 N.W. 2d 374 (Iowa 1989) we see the facts that probably have the most application to any employee whose employment requires them to use their own car, truck or plane. I believe it's very simply put, if you need your car for errands during the work day, then the going and coming rule...
G. Zone Of Protection Exception. Although this exception is discussed as a separate and distinct concept, I believe it is part of the extension of premises exception discussed in Frost v S.S. Kresge Co., 299 N.W.2d 646 (Iowa 1980). Mildred Frost suffered injury when she fell on an icy public sidewalk approximately 12-20 feet from the only store entrance available to employees, and therefore an...
F. Special Hazards Theory Exception. This theory is discussed in Frost v S.S.Kresge Co., 299 N.W.2d 646, 649 (Iowa 1980). It can also be described as the "divided premises" exception. Id. at 649. Under this "exception it is held that any "special hazards" of an employee's route become hazards of the employment where an injury occurs on the only available route to reach the premises. 1 A....
E. Extension Of Premises Exception. If the site of the injury is closely related in time, location and employee usage, to the work premises; and, the employer has exercised control over the site of the injury, the extension of premises exception may apply. In Frost v. S.S. Kresge Co., 299 N.W.2d 646(Iowa 1980) Mrs. Frost was dropped off by her husband just outside the front entrance to work. ...
D. No Fixed Site Of Employment Exception. This exception usually arises with travelling salesmen or over-the-road truck drivers. This is really a no brainer. See Lawyer & Higgs, Iowa Workers' Compensation, Law and Practice, sec. 6-15 (1991). The Iowa Supreme Court cites Katz v. A. Kadans & Co.,232 N.Y. 420, 134 N.E. 330, 23 ALR 401 in Otto v. Independent School Dist.,23 N.W.2d 915, 916...
C. Employer's Assumed Obligation Exception. If the employer assumes responsibility to furnish transportation to and from the job site the going and coming rule will not prevent an injury from being compensable. In Pribyl v. Standard Elec. Co., 67 N.W. 2d 438 (Iowa 1954) the claimant was traveling to a job site in his own vehicle, under his own control, being paid eight cents per mile for a...
B. Dual Purpose Exception. This exception is closely related to the special errand exception. Under this exception, the worker makes a trip which combines a non-compensable (personal) purpose with a special errand for the employer. See Folay v. Keister Lumber Co., 175 N.W. 2d 385 (Iowa 1970); Allen V. Allen (Arb. Descn., 941868) In McMullin v Department Of Revenue, 437 N.W. 2d 596 (Iowa...
A. Special Errand Rule Exception. This exception addresses those instances where a worker performs a duty not usually considered to be among those of the worker's regular employment, provided it is performed at the direction of the employer or demanded by the business. Otto v Independent School Dist., 237 Iowa 991, 23 N.W. 2d 915 (1946); Chia v. Quaker Oats (App. Descn. May 1994). This may...
It's called the going and coming rule. It's about being covered under workers' compensation when driving to or going home from work. Some trips are and some aren't. What's the difference? It's as easy as answering the following question. Does your job require you to have a car and to use it during the work day to further your employer's business? If yes, then you're probably covered. If not,...
Showing items 151 to 160 of 182
Keep up with the latest updates using your favorite RSS reader
Your question will be referred to an attorney near you. If your question is of a legal nature, then by submitting this form you agree you are not forming a formal attorney / client relationship. Read our full privacy policy.
Looking for an InjuryBoard attorney closer to home? Click here.
ABA Blawg Directory Links to Lombardi
Biker Chick News
Biker Law Blog
Council Bluffs Accident Lawyer
CPSC
DennisKennedy.com
Des Moines Register Blogs
Des Moines Register News
FDA - Medical Device Recalls
FDA Recalls
IA DNR News
Iowa Attorney General
Iowa Courts Online
Iowa Workers' Compensation
Iowa Workforce Development
Life at the Bar
Medical Library Association
National Institute for Occupational Safety and Health
NHTSA
Patent Attorney Brett Trout
Rush on Business
SafetyLex
State Library of Iowa
The Gazette
THonline.com
Trial Lawyer Resource Center
Wall Street Journal Law Blog
Find an InjuryBoard Blog in your area:
Alabama
Birmingham
Gadsden
Huntsville
Mobile
Montgomery
Alaska
Anchorage
Fairbanks
Arizona
Chandler
Phoenix
Scottsdale
Tucson
Arkansas
Bentonville
El Dorado
Jonesboro
Little Rock
Mountain Home
California
Bakersfield
Chico
Fresno
Glendale
Huntington Beach
Lancaster
Long Beach
Los Angeles
Modesto
Novato
Oakland
Orange County
Redding
Sacramento
San Diego
San Diego County
San Francisco
San Jose
San Luis Obispo
Santa Clarita
Stockton
Ventura
Colorado
Colorado Springs
Denver
Fort Collins
Grand Junction
Connecticut
Hartford
New Haven
Waterbury
District of Columbia
Metro D.C.
Washington
Florida
Central Florida
Fort Lauderdale
Ft. Myers
Gainesville, Ocala & Daytona Beach
Jacksonville
Melbourne
Miami
Orlando
Pensacola
Sarasota
Tallahassee
Tampa Bay
West Palm Beach
Georgia
Atlanta
Hawaii
Honolulu
Idaho
Boise
Illinois
Chicago
Chicago-Land
Cook County
Rockford & Moline
Springfield
Indiana
Bloomington
Indianapolis
Iowa
Council Bluffs
Davenport
Des Moines
Fort Dodge
Waterloo
Kansas
Topeka
Wichita
Kentucky
Bowling Green
Louisville
Paducah
Louisiana
Baton Rouge
Lafayette
New Orleans
Maine
Bangor & Augusta
Maryland
Baltimore
Massachusetts
Boston
Cape Cod
Stoughton / Canton
Michigan
Detroit
Grand Rapids
Lansing
Traverse City
Minnesota
Minneapolis
St. Cloud
Mississippi
Biloxi & Gulfport
Tupelo
Missouri
Jefferson City
Kansas City
St. Louis
Montana
Missoula
Nebraska
Lincoln
Omaha
Nevada
Las Vegas
Reno
New Hampshire
New Jersey
Bergen County
Cherry Hill
Jersey City
Newark
Trenton
New York
Buffalo
Long Island
New York City
Northern New York
Syracuse
North Carolina
Charlotte
Fayetteville
Greensboro
Greenville, OBX & Rocky Mount
Raleigh
Wilmington
Ohio
Akron
Cincinnati
Cleveland
Columbus
Dayton
Findlay
Sandusky
Toledo
Oklahoma
Oklahoma City
Tulsa
Oregon
Portland
Pennsylvania
Philadelphia
Rhode Island
Providence
South Carolina
Charleston
Columbia
Florence / Myrtle Beach
Greenville
Spartanburg
Tennessee
Chattanooga
Nashville
Texas
Austin
Beaumont
Brownsville
Corpus Christi
Dallas
Galveston Bay
Houston
Laredo
McAllen
North Dallas
San Antonio
Tyler
Victoria
Waco
Utah
Salt Lake City
Vermont
Virginia
Charlottesville
Fairfax, Leesburg & Loudoun
Norfolk
Northern Virginia
Richmond
Roanoke
Virginia Beach
Everett
King County
Olympia
Seattle
Tacoma
Vancouver
West Virginia
Wisconsin
Milwaukee
Wyoming
Cheyenne