Magnifying Glass

Did Claimant who Fell have to Swallow 2nd IME for TMJ?
Did Claimant who Fell have to Swallow 2nd IME for TMJ?

What Do You Think? Under what circumstances can a Montana insurance carrier order a second IME? Does it have to first convince a court that it has good cause for doing so? A recent case […]
Could Ariz. Worker Turn Carrier’s 40-day Claim Denial into Bad-Faith Win?
Could Ariz. Worker Turn Carrier’s 40-day Claim Denial into Bad-Faith Win?

What Do You Think? Can a carrier that blows by a statutory deadline face a bad faith claim even if the worker ultimately isn’t entitled to benefits? An Arizona case addressed whether a carrier’s handling […]
Could Widow Show Nuclear Sub Worker’s Job Stress Launched Fatal Heart Attack?
Could Widow Show Nuclear Sub Worker’s Job Stress Launched Fatal Heart Attack?

What Do You Think? Can the cumulative stress of long hours and frequent work travel turn a worker’s fatal cardiac event into a compensable workers’ compensation claim? What if the worker already had significant heart […]
Could Worker Allegedly Hit on by Manager Sue Employer for Negligence?
Could Worker Allegedly Hit on by Manager Sue Employer for Negligence?

What Do You Think? Workers’ compensation is the exclusive remedy for a workplace injury that arises out of and occurs in the course of employment. A recent case addresses whether the exclusivity rule protects Tennessee […]
Did Tweak to Safety Guard Leading to Finger Amputation Point to Tort Action?
Did Tweak to Safety Guard Leading to Finger Amputation Point to Tort Action?

What Do You Think? Can adjusting a safety guard on a piece of equipment ever constitute an intentional act, thus exposing an employer to personal injury claims? A case involving a worker for a box […]
Did Icy Freezer Floor let Worker Skate into Court with Tort Lawsuit?
Did Icy Freezer Floor let Worker Skate into Court with Tort Lawsuit?

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 […]
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 
Could Teacher who had Stroke Just before Performance Evaluation Obtain Benefits? 

What Do You Think? Delaware workers’ compensation law requires "but-for" causation when an employee’s pre-existing condition is aggravated by a specific, identifiable industrial accident. But the employee has to meet a higher standard if she […]
Did N.Y. Workers’ Comp Claimant Provide Grounds for Reopening Overpayment Decision?
Did N.Y. Workers’ Comp Claimant Provide Grounds for Reopening Overpayment Decision?

What Do You Think? When a claimant tries to claw back what he thinks is his several years after a decision against him came down, the record -- including recordings -- may come back to […]