Case File After receiving workers' compensation benefits (even if they weren't as much as she wanted) for injuries sustained in a workplace fall, a law professor was barred from pursuing a negligence action against her […]

Case File When a carrier accused a bricklayer of concealing prior injuries, the Workers' Compensation Board found the evidence failed to establish that the prior insurance claims actually involved the claimant. Case Matter of Loja-Saula […]

What Do You Think? Can the cumulative stress of long hours and frequent work travel turn a worker’s fatal cardiac event into a compensable workers’ compensation claim? What if the worker already had significant heart […]

What Do You Think? Workers’ compensation is the exclusive remedy for a workplace injury that arises out of and occurs in the course of employment. A recent case addresses whether the exclusivity rule protects Tennessee […]

Case File While an insurer included handwritten notations on two memoranda of payment identifying concurrent employment wages, the New Hampshire Supreme Court found the notations insufficient to constitute notice of a potential claim against the […]

Case File In Kentucky, an employer is entitled to immediate reimbursement of duplicative workers' compensation benefits, but its recoverable subrogation interest must be reduced by its pro rata share of the employee's attorney's fees and […]

Key Cases The best workers' compensation claims and the most desired litigated cases share something in common: The people footing the bill tend to like them best when they're over and done with. Thus, settlement […]

Key Cases Under Florida Statutes Section 440.192, an employee may, for any benefit that is "ripe, due, and owing," file with the Office of the Judges of Compensation Claims a petition for benefits which meets […]