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Did Tweak to Safety Guard Leading to Finger Amputation Point to Tort Action?
Did Tweak to Safety Guard Leading to Finger Amputation Point to Tort Action?

What Do You Think? Can adjusting a safety guard on a piece of equipment ever constitute an intentional act, thus exposing an employer to personal injury claims? A case involving a worker for a box […]
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 […]
Costco Worker’s Injury Notches TTD Benefits Thanks to Credible Medical Evidence
Costco Worker’s Injury Notches TTD Benefits Thanks to Credible Medical Evidence

Case File Because substantial credible evidence supported the compensation judge's finding that the work injury exacerbated the worker's knee symptoms, the Appellate Division affirmed an award of medical and temporary disability benefits. Case Munoz v. […]
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 […]