What Do You Think? Establishing intentional tort for a work-related injury is a bit like finding oil in the backyard. It’s really unlikely. A case involving two oil refinery workers who were tragically burned on […]

What Do You Think? Whether an injured worker is entitled to total disability benefits or partial disability benefits can hinge on whether he continues working at a second job. That’s one reason it may be […]

Do You Know the Rule? In Oregon, the sole remedy for an employee injured during work is workers’ compensation. ORS 656.018. This is known as the “exclusive remedy” provision. There are exceptions to that rule, […]

Case File While a California worker presented some contradictory information about his injury, they weren't enough to show that he did not experience an injury arising out of and in the course of his employment. […]

Courts & Compliance When is an assault in New York in the course of employment? Under Workers' Compensation Law Sec. 21(1), an injury that arises in the course of employment is presumed to have arisen […]

Case File While it was culturally accepted that a worker would take care of his parents as they got older, the fact that he was married at the time of his on-the-job death meant that […]

Though it has always been a difficult defense to apply, the common law Rycroft defense – whereby an employer/insurer can outright deny a claim in its entirety – has now become even more limited in its […]

Case File When a claimant's attorney sought fees in connect with a claim, the court found a lien on the employer's reimbursement was in line with New York's Workers' Compensation Law. Simply Research subscribers have […]