My distinguished colleague, Diana Reitz, recently wrote a blog pertaining to coverage for a Workers' Compensation claim by a worker who was injured while on a meal break. Diana noted several court cases that dealt with injuries to workers while they were on lunch break and came to the conclusion that, depending on the particular state jurisdiction, such injuries would be covered by Workers' Comp.
As a rule, in order for Workers' Comp benefits to apply, injury to an employee must “arise out of and in the course of employment.” So, what does this phrase mean? Since neither the various state laws nor the standard Workers' Comp policy define the phrase, the courts have taken on the task of clarifying the meaning.
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