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Did Recruiter’s Request for Time Off to Care for Ailing Spouse Keep FMLA Case Alive?

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 […]

Could Farm Laborer Who Lost Leg During Vanpool Accident Recover Workers’ Comp?

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 […]

Deliberate Intention in Oregon a Narrow, but Potentially Costly, Exception to the Exclusive Remedy Provision

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, […]

Did 2 Calls in 7 Days to Shootings Make Firefighter’s PTSD Compensable?

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, […]

Was Firefighter Injured Doing Laundry Entitled to Workers’ Comp?

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 […]

Voluntary Withdrawal from the Workforce in Pa. 

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 […]