Is statistical evidence that a worker was just as likely to contract COVID-19 outside of work than at work enough, by itself, to defeat a workers’ compensation claim? The state’s High Court recently addressed that […]

Do You Know the Rule? In New York, a claimant receiving permanent partial disability benefits may seek reclassification based on an extreme hardship. If the request is granted, the claimant may be classified as having […]

What Do You Think? When an employee takes leave that may be for an FMLA-qualifying serious health condition, the employer must notify the employee of her eligibility to take FMLA leave. A case involving an […]

What Do You Think? Employees normally can’t sue for negligence when they are hurt at work. This is because, generally, their only avenue of relief is the workers’ compensation act. But what if a volunteer […]

Do You Know the Rule? In Arizona, many employers are likely to face a workers’ compensation claim for mental injuries at some point. Workers seeking compensation for these injuries have a high standard to meet. […]

Do You Know the Rule? Under the “coming and going rule,” workers in Delaware and other states generally are not entitled to workers’ compensation for injuries that happen on their way to work or on […]

What Do You Think? Establishing intentional tort for a work-related injury is a bit like finding oil in the backyard. It’s really unlikely. A case involving two oil refinery workers who were tragically burned on […]

What Do You Think? In New York, an employee receiving permanent partial disability benefits may seek reclassification so that she can continue receiving benefits based on permanent total disability. When determining whether or how to […]