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What is the ‘Increased Risk Test’ in West Virginia?
What is the ‘Increased Risk Test’ in West Virginia?

Do You Know the Rule? West Virginia applies the “increased risk” test to determine whether a worker’s injury arises out of employment and is thus potentially compensable. The test helps a decisionmaker determine whether the […]

  • Nov 17, 2025
  • Chris Parker
Calif. Court Clarifies Steps for Disputing Utilization Review Decisions
Calif. Court Clarifies Steps for Disputing Utilization Review Decisions

Case File A California court made clear that irrespective of the reasons why a treating physician selects a particular duration of treatment in a request for authorization, the request is subject to utilization reviews and […]

  • Nov 17, 2025
  • Frank Ferreri
Could Worker Construct Compensable Claim from Bronchitis-Induced Buggy Crash?
Could Worker Construct Compensable Claim from Bronchitis-Induced Buggy Crash?

What Do You Think? Imagine that an Alabama employee has a host of medical conditions that put him at risk for injury. If one of those conditions causes him to have an accident, can he still obtain […]

  • Nov 16, 2025
  • Chris Parker
Louisiana’s Exclusive Remedy Rule
Louisiana’s Exclusive Remedy Rule

State Snapshot State Snapshot Louisiana Exclusive Remedy Rule BASIC RULE In Louisiana, the Workers’ Compensation Act provides the exclusive remedy for employees injured in the course and scope of employment. This means that employers are […]

  • Nov 10, 2025
  • Chris Parker
Did Employer Manufacture Mobile Home Manager’s Flaws so it Could Fire Her?
Did Employer Manufacture Mobile Home Manager’s Flaws so it Could Fire Her?

A number of factors can raise or quell suspicions that an employer terminated an employee in retaliation for filing a workers’ compensation claim. A case involving a property manager highlights some of the actions that […]

  • Nov 08, 2025
  • Chris Parker
What is the ‘Intoxication Defense’ in Colorado?
What is the ‘Intoxication Defense’ in Colorado?

Compliance Corner If you're intoxicated and you get hurt on the job in Colorado, it will be presumed that your intoxication caused the injury unless you can prove otherwise. Simply Research subscribers have access to […]

  • Nov 07, 2025
  • Frank Ferreri
Could Minn. School District Bounce Math Teacher’s Basketball Injury Out of Court?
Could Minn. School District Bounce Math Teacher’s Basketball Injury Out of Court?

What Do You Think? For an injury to be compensable, the employee must be engaging in activities reasonably incidental to employment. What exactly relates to employment can get foggy, however, especially in the school context, […]

  • Nov 04, 2025
  • Chris Parker
Minn. Top Court Finds Fed Law Preempts State on Cannabis
Minn. Top Court Finds Fed Law Preempts State on Cannabis

25 for 25 in '25 A few years back, the Minnesota Supreme Court took up the question of whether employers had to reimburse for medical marijuana and found that federal law preempting state law and […]

  • Nov 03, 2025
  • Frank Ferreri
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