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Georgia Employers Bear Burden of Proving Exclusivity Rule Protects them from Tort Suit
Georgia Employers Bear Burden of Proving Exclusivity Rule Protects them from Tort Suit

Case File The Court of Appeals of Georgia held that the exclusive remedy provision of the state’s Workers' Compensation Act is an affirmative defense -- not a matter of subject-matter jurisdiction. This means that the […]
District Court had Jurisdiction to Vacate Compensation Court Award, says Neb. Top Court
District Court had Jurisdiction to Vacate Compensation Court Award, says Neb. Top Court

Case File A Nebraska statute spelling out that compensation court judgments and awards have the "same force and effect as a judgment" and that "all proceedings in relation thereto shall ... be the same as […]
Could Parents of Teen Killed by Compactor sue Boy’s Supervisor in Tort?
Could Parents of Teen Killed by Compactor sue Boy’s Supervisor in Tort?

What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]
Forfeiture of Workers’ Comp Benefits for Fraud in La. Applies Post-Misrepresentation Only
Forfeiture of Workers’ Comp Benefits for Fraud in La. Applies Post-Misrepresentation Only

Case File When a workers' compensation claimant indulges in fraud, he forfeits his right to obtain benefits, but is the forfeiture retroactive or only after the misrepresentation was made? Case Cousain v. Smitty's Supply, Inc., […]
Could Veteran with PTSD sue for FMLA Retaliation Based on Getting Lower Bonus, Raise?
Could Veteran with PTSD sue for FMLA Retaliation Based on Getting Lower Bonus, Raise?

What Do You Think? Employers who take negative action against an employee after the employee exercises FMLA rights may face a retaliation claim. But how negative does the action have to be? A case involving […]
Iowa Top Court Clears Up AMA Guides Question
Iowa Top Court Clears Up AMA Guides Question

Case File The Iowa Supreme Court applied the AMA Guides to clarify that the impairment value for a distal clavicle excision didn't get the 25% multiplier from Table 16-18. Case Klein v. Whirlpool Corp., No. […]
Estoppel doesn’t Prevent N.D. WSI from Pursuing Subrogation on Worker’s 3rd Party Settlement
Estoppel doesn’t Prevent N.D. WSI from Pursuing Subrogation on Worker’s 3rd Party Settlement

Case File According to North Dakota’s top court, judicial estoppel didn’t prevent WSI from pursuing subrogation against a worker who received settlement funds from a third party. Case Moos v. North Dakota Workforce Safety and […]
Could Estates of 8 Workers Killed by Tornado Sue Candle Factory?
Could Estates of 8 Workers Killed by Tornado Sue Candle Factory?

What Do You Think? Employers and supervisors are generally protected from personal injury lawsuits if they maintain workers’ compensation coverage. But those protections may cease if a supervisor injures someone while acting outside the scope […]