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Montana’s Exclusive Remedy Rules
Montana’s Exclusive Remedy Rules

State Snapshot BASIC RULE In Montana, workers’ compensation generally is an employee’s exclusive remedy against an insured employer for a work-related injury, occupational disease, or death. Mont. Code Ann. § 39-71-411. This means that the […]
Washington State’s Exclusive Remedy Rule
Washington State’s Exclusive Remedy Rule

State Snapshot BASIC RULE In Washington, workers’ compensation generally is an employee’s exclusive legal remedy against an employer for a work-related injury. RCW 51.04.010. This means that an employee generally cannot sue the employer in […]
Did Claimant who Fell have to Swallow 2nd IME for TMJ?
Did Claimant who Fell have to Swallow 2nd IME for TMJ?

What Do You Think? Under what circumstances can a Montana insurance carrier order a second IME? Does it have to first convince a court that it has good cause for doing so? A recent case […]
Could Ariz. Worker Turn Carrier’s 40-day Claim Denial into Bad-Faith Win?
Could Ariz. Worker Turn Carrier’s 40-day Claim Denial into Bad-Faith Win?

What Do You Think? Can a carrier that blows by a statutory deadline face a bad faith claim even if the worker ultimately isn’t entitled to benefits? An Arizona case addressed whether a carrier’s handling […]
Could Widow Show Nuclear Sub Worker’s Job Stress Launched Fatal Heart Attack?
Could Widow Show Nuclear Sub Worker’s Job Stress Launched Fatal Heart Attack?

What Do You Think? Can the cumulative stress of long hours and frequent work travel turn a worker’s fatal cardiac event into a compensable workers’ compensation claim? What if the worker already had significant heart […]
Could Worker Allegedly Hit on by Manager Sue Employer for Negligence?
Could Worker Allegedly Hit on by Manager Sue Employer for Negligence?

What Do You Think? Workers’ compensation is the exclusive remedy for a workplace injury that arises out of and occurs in the course of employment. A recent case addresses whether the exclusivity rule protects Tennessee […]
Did Tweak to Safety Guard Leading to Finger Amputation Point to Tort Action?
Did Tweak to Safety Guard Leading to Finger Amputation Point to Tort Action?

What Do You Think? Can adjusting a safety guard on a piece of equipment ever constitute an intentional act, thus exposing an employer to personal injury claims? A case involving a worker for a box […]
Paying Relocation Expenses Doesn’t Expose Exxon to Liability for Employee’s Commuting Accident
Paying Relocation Expenses Doesn’t Expose Exxon to Liability for Employee’s Commuting Accident

Case File The Louisiana Supreme Court ruled that Exxon was not liable for injuries caused by an employee who was involved in a motor vehicle accident while driving to work after relocating at the company's […]