What Do You Think? The FMLA allows an eligible employee to take leave to care for a spouse or other family member. Employees that interfere with that right risk retaliation lawsuits. A case involving a […]

Claimants may sometimes exaggerate their injuries during medical examinations. But as one case shows, surveillance videos–especially multiple videos taken prior to and after exams–rarely lie. A maintenance worker for a performing arts center hurt himself […]

What Do You Think? Employers can violate state and federal law if they terminate an employee because the employee is pregnant. But the employee will have to show that the pregnancy was the reason for […]

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 […]