What Do You Think? Injured workers generally cannot sue their employers for negligence or other torts. The exclusivity rule makes the workers’ compensation act their sole avenue for relief. But what happens when a temporary […]
Case File Allegations of forcible rape, revenge porn, and more could not support a negligent supervision action against Fox News due to New York's exclusive remedy provision. Simply Research subscribers have access to the full […]
Case File How specific does an Ohio hearing officer need to be to satisfy state law requiring consideration of a worker's psychiatric conditions? The state's top court found that relying on what the doctors said […]
State Snapshot BASIC RULE Workers' compensation is the sole remedy for employees who suffer injuries or illnesses that arise out of and in the course of employment. N.Y. Workers' Comp. Law § 29(6). This means […]
Case File Following a workers' compensation injury, questions arose about what functions were and weren't essential to a truck driver's job. Simply Research subscribers have access to the full text of the decision. Case Hardin […]
What Do You Think? A case involving a man who allegedly exposed his genitals to a hospital sonographer when there was no medical reason to do so illustrates how important it is for employers to […]
Case File Montana's top court took up a case involving assignment of workers' compensation policies and found that an attempt to cast cancelations as assignments didn't negate the cancelation portion of the maneuver. Simply Research […]
What Do You Think? A case involving a Macy’s worker who received more benefits than she was entitled to highlights the importance of monitoring workers’ compensation claims. It also sheds light on what constitutes an […]