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Was Worker Hospitalized for Depression Entitled to Notice of FMLA Rights?
Was Worker Hospitalized for Depression Entitled to Notice of FMLA Rights?

What Do You Think? When an employee takes leave that may be for an FMLA-qualifying serious health condition, the employer must notify the employee of her eligibility to take FMLA leave. A case involving an […]
Hoist Failure Injures Worker, Raises N.Y. Labor, Insurance Law Questions
Hoist Failure Injures Worker, Raises N.Y. Labor, Insurance Law Questions

Case File When a hoist didn't work properly, a worker sustained an injury and questions about New York's Labor Law and indemnification arose. Simply Research subscribers have access to the full text of the decision. […]
Worker’s Medical Evidence Carries Day on Questions about Fall from Ladder
Worker’s Medical Evidence Carries Day on Questions about Fall from Ladder

Case File Testimony of two doctors was enough for a New York court to find in a worker's favor on the question of whether the worker's injury arose out of and in the course of […]
Was Volunteer Crushed at School Charity Event Covered by Workers’ Comp?
Was Volunteer Crushed at School Charity Event Covered by Workers’ Comp?

What Do You Think? Employees normally can’t sue for negligence when they are hurt at work. This is because, generally, their only avenue of relief is the workers’ compensation act. But what if a volunteer […]
Minn. Top Court Sends Incapacity Question to Workers’ Compensation Judge under State Law
Minn. Top Court Sends Incapacity Question to Workers’ Compensation Judge under State Law

Case File Is incapacity something that a workers' compensation court or a district court should handle in Minnesota? According to the state's top court, the answer comes down to the question of whether it's an […]
Could Burned Oil Workers Bypass Louisiana’s Workers’ Comp Exclusive Remedy Rule?
Could Burned Oil Workers Bypass Louisiana’s Workers’ Comp Exclusive Remedy Rule?

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 […]
Did Amazon Worker’s Tavern Side Hustle Reduce his Entitlement to Benefits?
Did Amazon Worker’s Tavern Side Hustle Reduce his Entitlement to Benefits?

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 […]
Deliberate Intention in Oregon a Narrow, but Potentially Costly, Exception to the Exclusive Remedy Provision
Deliberate Intention in Oregon a Narrow, but Potentially Costly, Exception to the Exclusive Remedy Provision

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, […]