Employers that hope to terminate an individual’s workers’ compensation benefits based on the employee’s voluntary withdrawal from the workforce need to think carefully before taking that step. Filing a petition to stop benefits could end […]

What Do You Think? Courts generally weigh multiple factors when determining whether an injured employee is unable to return to work for purposes of a PTD award. A Kentucky case involving a hospital nurse illustrates […]

What Do You Think? An employer generally has discretion to choose among reasonable accommodations for purposes of ADA compliance. A case involving a Maryland pest control technician for Orkin addresses the question of whether putting […]

When an employee of a West Virginia company is injured while working in another state, which state pays? As one case shows, this tends to hinge on how long the claimant worked in the other […]

What Do You Think? There are circumstances where an employee can have a stroke at home and collect workers’ compensation benefits. But as a case involving a stressed-out teacher shows, the employee will have to […]

What Do You Think? New York’s Labor Law § 240(1) is designed, in part, to protect workers from falling objects. A recent case addresses whether a pneumatic tool falling off a fence and injuring a worker […]

What Do You Think? An employee who makes herself look more injured than she is may find herself without benefits in New York. A case involving a worker for a dialysis center highlights what types […]

What Do You Think? The exclusive remedy rule bars most injured workers from suing their employer, or their deceased spouse’s employer, in tort. A case involving a general manager for a funeral home company addressed […]