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How Would You Decide?
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Flying the Friendly Skies: When Is It [Not] Compensable? 0 James W. Greer While the facts that follow are from an actual case in another jurisdiction, substantive workers’ compensation laws and legal doctrines are very similar from state to state. Names and location have been changed to help facilitate an objective look at facts and legal doctrine. How would you decide if the following case came before you in Florida? Facts: Lori Coolidge, a flight attendant for a popular southern airline, lived in Orlando, but her home base airport was in Miami. She regularly commuted to and from work on the airline’s flights between the two cities. One day, after her shift had ended, she boarded a flight from Miami to Orlando by using a passenger's ticket. After sitting down and talking to other passengers, she was injured when another passenger dropped his carry-on bag from an overhead bin onto her head. Coolidge filed a workers' compensation claim. The airline’s carrier denied the claim, saying the injury did not occur within the course and scope of her employment. Click here for the rest of the story.How would you decide?
by James W. Greer
Thursday, February 10, 2011
The Legal Doctrines: Which One Would YOU Pick? 0 James W. Greer Liana Leordeanu, a traveling saleswoman, was driving from a business appointment to her office in 2003 when she lost control of her car and slammed into a rock embankment alongside Loop 360 in Austin. Massive head trauma left her in a three-month coma and required 26 extensive surgeries to rebuild her face and repair her skull. However, when she applied for workers' compensation insurance benefits for the accident, Leordeanu was denied - even though she was on company business, traveling in a company-provided car after a day of hard work to her company-furnished office. Why? Because, like growing number of Americans, Leordeanu's office was in her home.Click here to read the rest of the story.  How would you decide?
by James W. Greer
Thursday, February 10, 2011