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Did Pregnant Worker’s Layoff after 13 Months Give Birth to Viable FMLA Claim?
Did Pregnant Worker’s Layoff after 13 Months Give Birth to Viable FMLA Claim?

What Do You Think? The FMLA protects pregnant workers by guaranteeing them 12 weeks of job protection to take care of newborns. But those protections don’t apply to every employee for every company. A case […]
Did Flooding Justify Employer’s Late Response to Workers’ Comp Claim?
Did Flooding Justify Employer’s Late Response to Workers’ Comp Claim?

What Do You Think? Employers in Pennsylvania must file an answer to a workers’ compensation claim within 20 days of receiving it. But what happens when weather or some other event outside of the employer’s […]
Did Claim from Other Job Extend Deadline to File Against Spray Paint Manufacturer?
Did Claim from Other Job Extend Deadline to File Against Spray Paint Manufacturer?

What Do You Think? When a spouse dies from an occupational disease, the surviving spouse has one year to file a claim for death benefits. Prior to Sept. 28, 2021, that period (the statute of […]
Was Risk Management Company on Hook for Worker who Tripped on Nearby Sidewalk?
Was Risk Management Company on Hook for Worker who Tripped on Nearby Sidewalk?

What Do You Think? If an employee gets hurt on the way to work, or on the way home, the injury is generally not compensable. But what happens when the employee is hurt on the […]
Exclusive Remedy in Ohio
Exclusive Remedy in Ohio

State Snapshot BASIC RULE In Ohio, when an employer complies with the Workers’ Compensation Act (i.e., pays into the system and maintains coverage), that employer is immune from lawsuits by employees for work-related injuries or […]
Could Officer with PTSD Capture Extra 30% Penalty from Employer?
Could Officer with PTSD Capture Extra 30% Penalty from Employer?

What Do You Think? An employer can end up owing a sizable penalty to an employee if it denies his workers’ compensation claim and that denial is “frivolous.” As one case shows, there are special […]
Could Trucker Jacked up by Trailer Jack, Seeking PTD, Overcome Surveillance Videos?
Could Trucker Jacked up by Trailer Jack, Seeking PTD, Overcome Surveillance Videos?

What Do You Think? Civil procedure stuff, like who has the “burden of proof” in a worker's compensation case, can make you want to reach for a high grade espresso. But it’s actually important to […]
Exclusive Remedy Rules in Texas
Exclusive Remedy Rules in Texas

State Snapshot BASIC RULE In Texas, workers’ compensation is the exclusive remedy of an employee who is injured at work. Tex. Labor Code § 408.001(a).  This means that the employee cannot sue the employer in […]