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Could Widow Sue Maine Tavern for Husband’s Death in Beer-fueled Fight?
Could Widow Sue Maine Tavern for Husband’s Death in Beer-fueled Fight?

What Do You Think? Scarborough, ME (WorkersCompensation.com) -- The exclusivity provision in Maine’s workers’ compensation act bars an injured worker, or representative, from suing an employer after obtaining workers’ compensation benefits. One case addresses whether […]

  • Sep 30, 2024
  • Chris Parker
Ohio Prison Worker’s Claim Hinges on Whether she had an Unexplained Fall 
Ohio Prison Worker’s Claim Hinges on Whether she had an Unexplained Fall 

Grafton, OH (WorkersCompensation.com) – Sometimes people just fall at work and it’s not clear why. The question then becomes what standard to apply to determine whether the resulting injury arose out of employment.  A case […]

  • Sep 29, 2024
  • Chris Parker
Nev. Top Court Rules Subrogees May Collect on Third Party Settlement Proceeds
Nev. Top Court Rules Subrogees May Collect on Third Party Settlement Proceeds

Case File In overruling a precedent case, the Nevada Supreme Court granted that workers' compensation insurers may assess the total proceeds of a third-party settlement with an injured worker, regardless of whether the proceeds are […]

  • Sep 27, 2024
  • Frank Ferreri
Could Flight Attendant who Landed in Rehab Get FMLA Interference Claim off the Ground?
Could Flight Attendant who Landed in Rehab Get FMLA Interference Claim off the Ground?

What Do You Think? Chicago, IL (WorkersCompensation.com) -- The FMLA affords employees who take medical leave the right to reinstatement once they return from leave. A case involving a United flight attendant who sent ill-considered […]

  • Sep 24, 2024
  • Chris Parker
Did Deflated Seat Cause Fuel Truck Driver’s Degenerative Spine Condition?
Did Deflated Seat Cause Fuel Truck Driver’s Degenerative Spine Condition?

What Do You Think? Pikeville, KY (WorkersCompensation.com) -- To obtain permanent total disability, an employee must show that the disability is causally connected to the workplace injury at issue. A case involving a truck driver […]

  • Sep 23, 2024
  • Chris Parker
Exclusive Remedy Knocks Out Mass. Worker’s Claims
Exclusive Remedy Knocks Out Mass. Worker’s Claims

Case File A Massachusetts worker had punched out and was heading to his car to leave for the day when a coworker plowed into him in an employer-owned vehicle. The exclusive remedy provisions of Massachusetts […]

  • Sep 12, 2024
  • Frank Ferreri
Captives 101: Regulatory and Legal Considerations in Captive Insurance 
Captives 101: Regulatory and Legal Considerations in Captive Insurance 

Captive insurance programs offer businesses flexibility and control over their risk management strategies. Still, they also come with strict regulatory and legal responsibilities. Compliance with the regulatory framework is essential to a captive's long-term success. […]

  • Sep 11, 2024
  • Claire Muselman
Worker Can’t Tack on ADA Retaliation Charge to Claims
Worker Can’t Tack on ADA Retaliation Charge to Claims

Case File An Arkansas worker came up short in his attempt to add ADA retaliation charges related to his workers' compensation claim due to rules related to exhausting administrative remedies as well as the exclusive […]

  • Sep 11, 2024
  • Frank Ferreri
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