What Do You Think? The “affirmative act” exception to Georgie's exclusivity rule allows employees injured at work to sue employers for personal injury under certain circumstances. A case involving a teen tragically killed while running […]

Case File When a workers' compensation claimant indulges in fraud, he forfeits his right to obtain benefits, but is the forfeiture retroactive or only after the misrepresentation was made? Case Cousain v. Smitty's Supply, Inc., […]

What Do You Think? Employers who take negative action against an employee after the employee exercises FMLA rights may face a retaliation claim. But how negative does the action have to be? A case involving […]

Case File The Iowa Supreme Court applied the AMA Guides to clarify that the impairment value for a distal clavicle excision didn't get the 25% multiplier from Table 16-18. Case Klein v. Whirlpool Corp., No. […]

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 […]