What Do You Think? The FMLA is not like a Harry Potter movie: it doesn’t take magic words to open the door to medical leave or to trigger an employer’s obligations under the statute. But […]
What Do You Think? The coming and going rule bars most workers’ compensation claims based on injuries sustained during a commute. In California, the “special risk” rule is an exception that covers injuries that occur […]
Do You Know the Rule? In Oregon, the sole remedy for an employee injured during work is workers’ compensation. ORS 656.018. This is known as the “exclusive remedy” provision. There are exceptions to that rule, […]
What Do You Think? To recover for a mental injury, it must be caused by work-related stress that is truly unusual for the job in question. Because firefighters respond to a lot of difficult situations, […]
What Do You Think? Firefighting is a difficult and dangerous job. So, when a firefighter gets hurt at work, one assumes the injury occurred when he or she was heroically battling a dangerous conflagration–not when […]
Do You Know the Rule? A worker whose injury has forced him to retire generally may continue to receive workers’ compensation benefits in Pennsylvania. An employer may file a petition seeking to terminate a claimant's […]
Do You Know the Rule? Employers may be able to terminate a worker’s PTD benefits on an employee’s 67 birthday. This is because the workers’ compensation act presumes that, by that age, the employee would […]
What Do You Think? Employers who carry workers' compensation coverage are generally protected from personal injury lawsuits over employee injuries. But there are exceptions. In Oregon, for example, an injured worker can still sue for personal […]