Magnifying Glass

9 Key Cases on Florida’s Heart-Lung Statute
9 Key Cases on Florida’s Heart-Lung Statute

Key Cases For those lucky enough to be in attendance at oral arguments before Florida's 1st District Court of Appeals as part of WCI, the Barrett v. Manatee County Sheriff's Office case touched on the […]
Did Seeing 4 Physicians Comply with Illinois’ 2-Physician Rule?
Did Seeing 4 Physicians Comply with Illinois’ 2-Physician Rule?

What Do You Think? Does two plus two ever equal two? In Illinois, it may. Illinois employers and workers compensation carriers need to know about the “the two physicians” rule. A recent case involving a […]
After ‘Engaging Gunman’ at Dinner, Treasury Employee Establishes Employment-Relatedness of Shooting Incident
After ‘Engaging Gunman’ at Dinner, Treasury Employee Establishes Employment-Relatedness of Shooting Incident

Federal Focus When a Treasury Department criminal investigator experienced physical symptoms after witnessing fellow law enforcement officers shoot an armed suspect during an on-duty law enforcement encounter, ECAB found sufficient evidence that the claimed employment […]
Did Icy Freezer Floor let Worker Skate into Court with Tort Lawsuit?
Did Icy Freezer Floor let Worker Skate into Court with Tort Lawsuit?

What Do You Think? A company allegedly fails to fix a leak in a warehouse freezer section, turning it into an “ice skating rink.” Predictably, one of its employees falls and seriously injures himself. That […]
Exclusive Remedy in Alaska
Exclusive Remedy in Alaska

State Snapshot BASIC RULE In Alaska, workers’ compensation is an employee’s sole legal remedy for a work-related injury. Alaska Statutes § 23.30.055. This is the “exclusiveness of liability” provision (or “exclusive liability” provision). The rule […]
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine
Dependency at Time of Injury, not Resulting Death, Determines Right to Survivor’s Benefits in Maine

Case File The Supreme Judicial Court of Maine held that eligibility for workers' compensation death benefits hinges on dependency at the time of the injury, not at the time of death. Because the statute does […]
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury

Case File A worker's hand was crushed by a 2,500-pound check valve during a plant turnaround project. Could he avoid Louisiana workers' compensation exclusivity by alleging an intentional tort and suing the plant owner? Case […]
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier

Case File An Oregon worker injured in a collision with an ODOT snowplow could not pursue a negligence claim against the state despite arguing that the statutory bar violated the Oregon Constitution's Remedy Clause. The […]