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When there is a question as to whether the claimant's injury or injuries arose out of and in the course of employment, the employer and/or its insurer generally files a Notice of Controversy (Form C-7) with the Board.
[Irish Times] Schubert interviewed nine players who were members of the 2010 squad during the course of his investigation.
[Sydney Morning Herald] During the course of the day of his arrest, agents surreptitiously brought in drug dogs who signaled traces of drugs.
In addition, generally, absent some physical connection to the premises of an employer in time and space, an accident that befalls an employee on his or her way to or from work has not arisen "in the course of employment." With regard to altercations between employees after the workday ends, generally, a claim regarding to the fulfillment of threats uttered during working hours, in the course of a work-connected argument, is compensable under the continued altercation rule if it was commenced within the time and space limits of employment.
If it is established that if the claimant's accident occurred in the course of his or her employment, the claimant may then enjoy the benefit of certain statutory presumption, which may enable the claimant to establish a compensable claim — even where evidence establishing that the accident actually arose out of the employment is lacking.
There are, however, some specific statutory restrictions with respect to liability for compensation.
There is no liability for compensation in the following instances: (1) when the injury has been solely occasioned by the injured employee's intoxication from alcohol or a controlled substance while on duty; (2) where the injured employee willfully intended to bring about the injury or death of himself or another; (3) where the injury was sustained during or caused by voluntary participation in an off-duty athletic activity not constituting part of the employee's work-related duties, unless the employer: (a) requires the employee to participate in such activity; (b) compensates the employee for participating in such activity; or (c) otherwise sponsors the activity.
Key examples of this consideration under US law can include tort liability or ownership of intellectual property.
Similarly the employer would likely own the copyright rights to a song written by an employee who was hired as a composer, but not if the employee was hired as an accountant.
Second, the accident "arose out of" the employment, meaning that the accident occurred as a result of certain employment activity the claimant was hired to perform.
The practitioner needs to carefully review decades of case law involving the potential compensability of accidental injuries that result from myriad fact patterns including assaults, horseplay, lunch hour claims, field worker and special errand claims, off-premises claims, travel claims or work-rule violation claims, to name several areas that have generated an abundance of case law.