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Did Icy Freezer Floor let Worker Skate into Court with Tort Lawsuit?
Did Icy Freezer Floor let Worker Skate into Court with Tort Lawsuit?

What Do You Think? A company allegedly fails to fix a leak in a warehouse freezer section, turning it into an “ice skating rink.” Predictably, one of its employees falls and seriously injures himself. That […]
Exclusive Remedy in Alaska
Exclusive Remedy in Alaska

State Snapshot BASIC RULE In Alaska, workers’ compensation is an employee’s sole legal remedy for a work-related injury. Alaska Statutes § 23.30.055. This is the “exclusiveness of liability” provision (or “exclusive liability” provision). The rule […]
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine

Case File The Supreme Judicial Court of Maine held that eligibility for workers' compensation death benefits hinges on dependency at the time of the injury, not at the time of death. Because the statute does […]
Was Mill Worker Injured During Off-hours Rescue Limited to Workers’ Comp?
Was Mill Worker Injured During Off-hours Rescue Limited to Workers’ Comp?

What Do You Think? When an employee’s injury does not arise out of employment, he may be able to sue his employer for negligence. But what if the employee is engaging in a work-related task, […]
Delaware’s Exclusive Remedy Rule
Delaware’s Exclusive Remedy Rule

State Snapshot BASIC RULE In Delaware, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 19 Del. C. § 2304. This means that an injured employee cannot sue his employer in tort […]
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 

What Do You Think? Delaware workers’ compensation law requires "but-for" causation when an employee’s pre-existing condition is aggravated by a specific, identifiable industrial accident. But the employee has to meet a higher standard if she […]
Could Commanders Player Score Maryland Benefits for Achilles Injured Out of State?
Could Commanders Player Score Maryland Benefits for Achilles Injured Out of State?

What Do You Think? To be entitled to workers’ compensation benefits in Maryland, a worker must be a “covered employee.” A recent case addresses how that rule applies when an NFL player signs a contract […]
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs

Case File Suspension of a workers' compensation claim during the period in which the claimant fails to cooperate is the only available sanction when an employee obstructs an Independent Medical Examination. The Utah Supreme Court […]