What Do You Think? Employers can engage in FMLA interference by taking adverse action, or threatening to do so, in response to an employee’s use of FMLA leave. That was a laboratory technician’s claim in […]
What Do You Think? To be compensable, an injury must be caused by the job in some way. A case involving the suicide of a police officer shows how critical expert testimony can be to […]
Do You Know the Rule? In New Mexico, employers and carriers may find themselves on the hook for payments beyond the workers’ compensation benefits they owe if a claimant shows they engaged in "bad faith." […]
What Do You Think? The special mission exception can make an injury compensable even when it occurs while the employee is travelling. This can include travel to a company meeting. But what if the meeting […]
What Do You Think? A worker is generally considered an employee, not an independent contractor, if the company has the power to control her work. But what if she does all her work in a […]
What Do You Think? A claimant doesn’t have to provide expert medical testimony to show that her work caused her injury if it’s obvious that it did under the circumstances. But is it enough that […]
Do You Know the Rule? What is the coming and going rule? When an employee is injured on his way to or from work, the injury is not compensable because it is not considered to […]