Case File Because substantial credible evidence supported the compensation judge's finding that the work injury exacerbated the worker's knee symptoms, the Appellate Division affirmed an award of medical and temporary disability benefits. Case Munoz v. […]
What Do You Think? A company allegedly fails to fix a leak in a warehouse freezer section, turning it into an “ice skating rink.” Predictably, one of its employees falls and seriously injures himself. That […]
State Snapshot BASIC RULE In Alaska, workers’ compensation is an employee’s sole legal remedy for a work-related injury. Alaska Statutes § 23.30.055. This is the “exclusiveness of liability” provision (or “exclusive liability” provision). The rule […]
Case File The Supreme Judicial Court of Maine held that eligibility for workers' compensation death benefits hinges on dependency at the time of the injury, not at the time of death. Because the statute does […]
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 […]
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 […]
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, […]
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 […]