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Delaware’s Exclusive Remedy Rule
Delaware’s Exclusive Remedy Rule

State Snapshot BASIC RULE In Delaware, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 19 Del. C. § 2304. This means that an injured employee cannot sue his employer in tort […]
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim

Case File When a fire inspector/firefighter attempted to claim that he was traveling from one inspection site to another, an email and a map conspired to defeat his argument that he was on the clock […]
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 

What Do You Think? Delaware workers’ compensation law requires "but-for" causation when an employee’s pre-existing condition is aggravated by a specific, identifiable industrial accident. But the employee has to meet a higher standard if she […]
Did N.Y. Workers’ Comp Claimant Provide Grounds for Reopening Overpayment Decision?
Did N.Y. Workers’ Comp Claimant Provide Grounds for Reopening Overpayment Decision?

What Do You Think? When a claimant tries to claw back what he thinks is his several years after a decision against him came down, the record -- including recordings -- may come back to […]
Could Commanders Player Score Maryland Benefits for Achilles Injured Out of State?
Could Commanders Player Score Maryland Benefits for Achilles Injured Out of State?

What Do You Think? To be entitled to workers’ compensation benefits in Maryland, a worker must be a “covered employee.” A recent case addresses how that rule applies when an NFL player signs a contract […]
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs
Suspension, not Dismissal, Applies to Utah Claimants who Obstruct IMEs

Case File Suspension of a workers' compensation claim during the period in which the claimant fails to cooperate is the only available sanction when an employee obstructs an Independent Medical Examination. The Utah Supreme Court […]
Despite Lack of Workers’ Comp, N.Y. Court Finds Triable Issues on Uber Driver’s ‘Employee’ Status
Despite Lack of Workers’ Comp, N.Y. Court Finds Triable Issues on Uber Driver’s ‘Employee’ Status

Case File Uber drivers don't get workers' compensation benefits, but does that mean they aren't "employees" under New York tort law? An Empire State court found that question, along with other considerations, merited jury review. […]
Vermont Supreme Court Upholds Exclusion of Workers’ Compensation Evidence in Negligence Action
Vermont Supreme Court Upholds Exclusion of Workers’ Compensation Evidence in Negligence Action

Case File A Vermont plaintiff who received workers' compensation benefits argued that jurors should have been informed of both the benefits and his obligation to reimburse them from any recovery. The Vermont Supreme Court disagreed, […]