Coming and Going Rule

07/18/23 • 34 min

Generally, when a worker is not covered by workers' compensation when she is going to or from work. However, like most things in life, there are exceptions. I will discuss those four exceptions to the Coming and Going Rule and what to look for in your cases when an employee gets injured but has yet to "arrive" or "clock in or out" at work.

Previous Episode

Case Law Update: Sprouse v. Turner Trucking Co.

The Supremes came out with a published decision - a rare treat in North Carolina workers' compensation cases. Although this was more of a procedural rebuke of the Court of Appeals, there is a decent discussion of burdens of proof when it comes to a notice defense under N.C. Gen. Stat. 97-22. Think you are safe when an employee notifies you of an accident and says she's fine, then opts to treat on her own without telling you to the point of needing fusion surgery over a year later? Think again.

Next Episode

Intoxication

Claimant has a positive drug screen and is fired for violating the employer's drug-free work zone. Automatic denial, right? Maybe, but will it ultimately hold up in court? Maybe not. Intoxication is an affirmative defense in North Carolina meaning that you as the employer and carrier need to prove it. What exactly do you need to do to prove intoxication? Take a shot of this episode and find out.