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 […]

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 […]

What Do You Think? In Tennessee, a heart attack at work may be compensable if it is precipitated by an unusual event. But how unusual does it have to be? Are we talking about a […]

What Do You Think (times two)? When an employee is sent to work across state lines and is injured there, the determination of which state’s law applies can dramatically impact the employer’s liability. Employers need to […]

What Do You Think? The exclusive remedy rule protects employers who carry workers’ compensation coverage from most personal injury lawsuits. A New York case involving a porter who injured his hand reaching into an elevator […]

What Do You Think? Even when an employee is not on the clock and nowhere near the office when she's injured, she may be entitled to workers’ compensation benefits. That can happen, for instance, if […]

What Do You Think? New York's exclusive remedy rule protects employers from most tort lawsuits. But what happens when the worker sues an entity that has a different name but is intimately connected to the […]

What Do You Think? A child who is a dependent may be entitled to workers’ compensation benefits when a parent dies at work. A case involving a deceased Rite Aid worker with a 29-year-old son […]