What Do You Think? In New York, employees who stretch the truth or outright lie about the extent of their injuries can lose their workers’ compensation benefits. A case involving a former Rite Aid employee […]

Case File Determining whether a workers' compensation carrier had subrogation rights to a claimant's subsequent UIM award required a determination of whether the award was "boardable" under Delaware Supreme Court caselaw from the so-called Henry […]

Case File A Nevada presumption did not create a standalone category of compensable lung disease that would eliminate a corrections officer's need to show exposure, according to the state's top court. Simply Research subscribers have […]

Do You Know the Rule? West Virginia applies the “increased risk” test to determine whether a worker’s injury arises out of employment and is thus potentially compensable. The test helps a decisionmaker determine whether the […]

Case File A California court made clear that irrespective of the reasons why a treating physician selects a particular duration of treatment in a request for authorization, the request is subject to utilization reviews and […]

What Do You Think? Imagine that an Alabama employee has a host of medical conditions that put him at risk for injury. If one of those conditions causes him to have an accident, can he still obtain […]

State Snapshot State Snapshot Louisiana Exclusive Remedy Rule BASIC RULE In Louisiana, the Workers’ Compensation Act provides the exclusive remedy for employees injured in the course and scope of employment. This means that employers are […]

A number of factors can raise or quell suspicions that an employer terminated an employee in retaliation for filing a workers’ compensation claim. A case involving a property manager highlights some of the actions that […]