What Do You Think? To obtain compensation for an occupational disease, an employee has to show that she had the condition and that her job caused it. A case involving an emergency dispatcher highlights the […]

Case File A deceased worker's co-employees argued that they could not face a tort claim for the worker's workplace death because they worked for a public employer. The Iowa Supreme Court looked at the definition […]

Case File An Oklahoma statute directed that employees "shall" be granted "one change of treating physician," but did that mean subsequent changes were against the rules? Simply Research subscribers have access to the full text […]

What Do You Think? Employees seeking workers’ compensation benefits may sometimes feel their injury is compensable simply because it happened at work during work hours. But as a case involving a seamstress for law enforcement […]

What Do You Think? In Ohio, as in many states, employees cannot obtain workers’ compensation benefits if their intoxication caused them to get injured. A case involving a vacuum packaging line associate who got his […]

Case File A construction contractor's lack of control over a law enforcement officer's work directing traffic around a project meant that it was not the officer's joint employer for workers' compensation purposes. Simply Research subscribers […]

State Snapshot BASIC RULE In New Mexico, workers’ compensation is the exclusive legal remedy for workplace injuries.  N.M. Stat. Ann. 52-1-6(E). This means that the employee cannot sue the employer in tort (where the employee might […]

Do You Know the Rule? To be compensable, an injury must occur in the course and scope of employment and arise out of employment. ’Under the street-risk rule, an injury that occurs while an employee is […]