Case File A firefighter’s heart-rhythm disorders qualified as “heart disease” under Florida’s heart-lung statute, the Florida First District Court of Appeal held. This entitled the firefighter to the statute’s presumption that the injuries arose out […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]