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Court win for casino dealer in workers' compensation appeal

Georgia employees may be interested in a story out of Atlantic City, N.J., concerning an employee's workers' compensation claim. The employee has just won on appeal, allowing her claim to be paid by her employer.

In September 2012, a dealer at Harrah's Casino in Atlantic City was pulling out from the casino parking garage after work. As she made a left turn onto the three-lane MGM Mirage Boulevard, she was hit by an oncoming car. When she made a claim for workers' compensation, Harrah's contended that she had already left work. This would mean that the accident took place outside of her employment, and the casino would not be liable.

On Jan. 17, a two-judge appellate panel found for the dealer after hearing her case. The important point in the case was the fact that one foot of the employee's SUV was still in the parking garage when the collision occurred. This fact was not disputed by the casino and was proven by security camera footage. Harrah's argued that since most of the SUV was outside of the garage, and the accident itself occurred on the public street, they should have no liability. The court did not agree. They said that the one foot of the car inside of the garage was enough to prove the key issue that she was still within her employment at the time.

Sometimes a seemingly small fact can make a huge difference in a case. An attorney who is experienced in workers' compensation cases may be able to investigate any workplace injury situations and find those important details that can prove liability for the employer. This could result in compensation for rehabilitation and other costs.

Source: USA Today, "Casino dealer wins workers' comp fight by a foot", Jim Walsh, January 22, 2014

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