Case File Because a worker’s acceleration theory did not become ripe until WSI terminated benefits, the North Dakota Supreme Court held that administrative res judicata did not bar his claim following an ALJ ruling. Simply […]

State Snapshot BASIC RULE In Rhode Island, workers’ compensation is an employee’s exclusive legal remedy for work-related injuries. R.I. Gen. Laws § 28-29-20. This means that an injured employee cannot sue his employer in tort […]

The Trained A-Eye A New Jersey attorney "glibly" relied on AI and cited four non-existent cases. When confronted about the hallucinations, his response "stunned" the court. Case AmTrust North America v. Liberty Mutual Ins. Co., […]

Glossary Check Under Kansas law, the disablement or death of an employee resulting from an occupational disease "shall be treated as the happening of an injury by accident," thus entitled the employee or her dependents […]

What Do You Think? In Tennessee, a heart attack at work may be compensable if it is precipitated by an unusual event. But how unusual does it have to be? Are we talking about a […]

What Do You Think (times two)? When an employee is sent to work across state lines and is injured there, the determination of which state’s law applies can dramatically impact the employer’s liability. Employers need to […]

Case File Because a bankruptcy court granted a worker's trustee's motion to reopen his bankruptcy case specifically to administer his negligence action against his employer as an asset, and the worker's disclosure of the negligence […]

What Do You Think? The exclusive remedy rule protects employers who carry workers’ compensation coverage from most personal injury lawsuits. A New York case involving a porter who injured his hand reaching into an elevator […]