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 […]
Compliance Corner Do you know what happens to New Jersey employers who try to fudge it on workers' compensation insurance coverage? As Simply Research subscribers know, the rules are as follows. 'Disorderly Persons Offense' An […]
Compliance Corner Among defenses available in workers' compensation claims, many states provide a defense for a lack of or late notice of a worker's injury, subject to exceptions. As Simply Research subscribers know, the Nevada […]
Case File The Pennsylvania Supreme Court found that physicians' referring workers' compensation claimants to a pharmacy in which the physicians had a financial interest didn't violate the state's anti-referral statute because "prescription drugs" and "pharmaceutical […]
Case File Evidence of a coworker's safety-rule violations and workplace misconduct did not create a jury question on willful and wanton conduct where the coworker lacked knowledge of a specific high-probability risk to the injured […]
State Snapshot BASIC RULE In Vermont, workers’ compensation is an employee’s sole legal remedy for a work-related injury. 21 V.S.A. § 622. This means that an injured employee cannot sue his employer in tort for […]
What Do You Think? Prior to June 2025, it was harder in New York for claimants to obtain benefits for PTSD. Essentially, they had to show that extraordinary stress at work caused the condition. A […]
Do You Know the Rule? In Rhode Island, an employee may preserve the right to sue for negligence by giving her employer written notice at the time of hire that she is reserving the right […]