Magnifying Glass

Estate of Maine Worker Bears Burden of Proof on Question of Lien
Estate of Maine Worker Bears Burden of Proof on Question of Lien

Case File The question of whether an employer or the estate of a deceased worker bore the burden of proof on the amount of a lien on the proportionate share of the cost of collection. […]
Was Risk Management Company on Hook for Worker who Tripped on Nearby Sidewalk?
Was Risk Management Company on Hook for Worker who Tripped on Nearby Sidewalk?

What Do You Think? If an employee gets hurt on the way to work, or on the way home, the injury is generally not compensable. But what happens when the employee is hurt on the […]
Video doesn’t Tip Court on Fraud Charge against Punched-in-the-Face Nurse
Video doesn’t Tip Court on Fraud Charge against Punched-in-the-Face Nurse

Case File When a nurse was caught on video working in the yard, going shopping, and getting around pretty well, did it mean she was a fraud or was it consistent with what she told […]
Could Officer with PTSD Capture Extra 30% Penalty from Employer?
Could Officer with PTSD Capture Extra 30% Penalty from Employer?

What Do You Think? An employer can end up owing a sizable penalty to an employee if it denies his workers’ compensation claim and that denial is “frivolous.” As one case shows, there are special […]
Time Out of California Sacks NFL Player’s Claim against Atlanta Falcons
Time Out of California Sacks NFL Player’s Claim against Atlanta Falcons

Case File Spending the last chunk of his career playing for non-California teams, a former NFL player couldn't bring a claim for a cumulative injury in the Golden State. Simply Research subscribers have access to […]
Failing to Follow Procedural Steps Leaves Claimant on Court’s Doorstep
Failing to Follow Procedural Steps Leaves Claimant on Court’s Doorstep

Case File A claimant couldn't get his day in court because he didn't comply with procedural requirements necessary to bestow subject matter jurisdiction. Simply Research subscribers have access to the full text of the decision. […]
Worker’s Pay Raises Warrant Functional, Rather than Industrial, Method of PPD Calculation
Worker’s Pay Raises Warrant Functional, Rather than Industrial, Method of PPD Calculation

Case File After getting hurt on the job, a worker went on to a series of pay increases that affected how his benefits were to be calculated in the eyes of Iowa's top court. Simply […]
Could Trucker Jacked up by Trailer Jack, Seeking PTD, Overcome Surveillance Videos?
Could Trucker Jacked up by Trailer Jack, Seeking PTD, Overcome Surveillance Videos?

What Do You Think? Civil procedure stuff, like who has the “burden of proof” in a worker's compensation case, can make you want to reach for a high grade espresso. But it’s actually important to […]