Case File A worker had a preexisting knee problem that was asymptomatic, but the pain he experienced after a workplace injury meant that he had a viable workers' compensation claim for treatment. Simply Research subscribers […]

Do You Know the Rule? West Virginia applies the “increased risk” test to determine whether a worker’s injury arises out of employment and is thus potentially compensable. The test helps a decisionmaker determine whether the […]

What Do You Think? An employee can have a compensable claim when he was injured doing an ordinary activity at work that is not really job-related–such as walking. But he'll generally have to show that […]

A number of factors can raise or quell suspicions that an employer terminated an employee in retaliation for filing a workers’ compensation claim. A case involving a property manager highlights some of the actions that […]

What Do You Think? Some workers have such stressful jobs that it’s easy to picture their heart stopping at work or at least skipping a beat. But is a heart attack compensable simply because an […]

What Do You Think? An injury is only compensable if it is caused by an employee’s job. Generally, an injury that occurs at work while an employee is engaged in some work obligation is compensable. […]

What Do You Think? A case involving a Macy’s worker who received more benefits than she was entitled to highlights the importance of monitoring workers’ compensation claims. It also sheds light on what constitutes an […]

What Do You Think? Employers can get into trouble for retaliation if they fire an employee because the employee is using or has used FMLA leave. But what if that employee genuinely cannot return to […]