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Termination for Absences Doesn’t Stand Without Written Policy Requiring Doctor’s Notes
Termination for Absences Doesn’t Stand Without Written Policy Requiring Doctor’s Notes

25 for 25 in '25 In our look back at 25 cases from each year that we've been in existence, we come to 2001, and a case from Kansas that tested how much an employer […]
Could Work-From-Home Nurse Case Manager Sue Managed Care Employer in NJ?
Could Work-From-Home Nurse Case Manager Sue Managed Care Employer in NJ?

What Do You Think? Individuals who work for managed care companies helping claimants navigate the workers’ compensation system may sometimes face harassment by those same claimants. As one case shows, the legal maze such an […]
Worker’s First Time on Conveyor Belt Results in Severed Finger, but No Cause for Tort Claim
Worker’s First Time on Conveyor Belt Results in Severed Finger, but No Cause for Tort Claim

Case File When a worker received workers' compensation benefits while off of work, it cut against his case that he didn't make an informed election of benefits after losing a finger in an accident at […]
When is a Treatment Plan Not Required for Cervical and Lumbar Spinal Injuries in Hawaii?
When is a Treatment Plan Not Required for Cervical and Lumbar Spinal Injuries in Hawaii?

Do You Know the Rule? Let's say a worker sustains a cervical or lumbar spine injury on the job in the Aloha State? Would she need a treatment plan under the state's workers' compensation law? […]
Was 4th Pregnancy Reason Bank Fired Employee?
Was 4th Pregnancy Reason Bank Fired Employee?

What Do You Think? While the timing of terminating an employee matters when it comes to avoiding FMLA disputes, so do other circumstances. One case shows, for example, how the level of clarity surrounding the […]
Could Worker who Filed 8 Days Late get Hearing to Keep Benefits off Chopping Block?
Could Worker who Filed 8 Days Late get Hearing to Keep Benefits off Chopping Block?

What Do You Think? In Arizona, an employer can generally convince a hearing officer to dismiss an employee’s hearing request if the request is untimely. This is the case even when the employer is seeking […]
What is Pennsylvania’s ‘Personal Animus’ Exception?  
What is Pennsylvania’s ‘Personal Animus’ Exception?  

Do You Know The Rule? The general rule in Pennsylvania is that an employee cannot sue his employer for personal injury arising from his employment.  Pennsylvania’s “personal animus” exception makes it possible to sue for […]
Was Oil Rig Worker who Largely Worked Independently a ‘Borrowed Servant’?
Was Oil Rig Worker who Largely Worked Independently a ‘Borrowed Servant’?

What Do You Think? A “borrowed servant” is entitled to workers’ compensation for work-related injuries. When the borrowed servant doctrine applies, it also limits workers’ ability to sue the company that “borrowed” them for negligence […]