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Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury
Statutory Employment Status Sinks La. Plant Workers’ Tort Claim for Smashed-Hand Injury

Case File A worker's hand was crushed by a 2,500-pound check valve during a plant turnaround project. Could he avoid Louisiana workers' compensation exclusivity by alleging an intentional tort and suing the plant owner? Case […]
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier
Oregon Worker’s Claim Against State Runs into Workers’ Comp Immunity Barrier

Case File An Oregon worker injured in a collision with an ODOT snowplow could not pursue a negligence claim against the state despite arguing that the statutory bar violated the Oregon Constitution's Remedy Clause. The […]
Was Mill Worker Injured During Off-hours Rescue Limited to Workers’ Comp?
Was Mill Worker Injured During Off-hours Rescue Limited to Workers’ Comp?

What Do You Think? When an employee’s injury does not arise out of employment, he may be able to sue his employer for negligence. But what if the employee is engaging in a work-related task, […]
A/C Problems Lead to Heat-related Claim for Goodwill Worker who Fell Out on Job
A/C Problems Lead to Heat-related Claim for Goodwill Worker who Fell Out on Job

Case File Applying its deferential standard of review, the West Virginia Intermediate Court of Appeals affirmed a Board of Review decision finding that a Goodwill employee established a compensable injury after allegedly becoming overheated and […]
What does ‘Case Management’ Mean in Tennessee?
What does ‘Case Management’ Mean in Tennessee?

Glossary Check When it comes to case management and case managers in Tennessee, what is the terminology and the vocabulary for workers' compensation? Thanks to Simply Research, here's a look. Case Management “Case Management” means […]
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes
N.C. Ag. Worker’s Heatstroke Injury doesn’t Show ‘Intentional’ Tort for Exclusive Remedy Purposes

Case File Although a North Carolina corporation was cited for a previous heat-related death, its failure to follow a series of steps that could have prevented a worker's heatstroke didn't show "intentional" conduct sufficient to […]
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim
Emails about Schedule, Review of Map, Defeat N.Y. Fire Inspector’s MVA-Related Claim

Case File When a fire inspector/firefighter attempted to claim that he was traveling from one inspection site to another, an email and a map conspired to defeat his argument that he was on the clock […]
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 

What Do You Think? Delaware workers’ compensation law requires "but-for" causation when an employee’s pre-existing condition is aggravated by a specific, identifiable industrial accident. But the employee has to meet a higher standard if she […]