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Could Special Ed Teacher Assaulted by Student Sue School District for Battery?
Could Special Ed Teacher Assaulted by Student Sue School District for Battery?

What Do You Think? Employers who carry workers' compensation coverage are generally protected from personal injury lawsuits over employee injuries. But there are exceptions.  In Oregon, for example, an injured worker can still sue for personal […]
Did Wendy’s Manager Cook up Way to Bypass Exclusivity Rules?
Did Wendy’s Manager Cook up Way to Bypass Exclusivity Rules?

What Do You Think? Can an employee who suffers mental health injury at work sue his employer for monetary damages, or is his only relief the state workers’ compensation act? A Pennsylvania case addressed whether […]
Was Good Samaritan Band Leader Performing Job Duties on Way to Conference?
Was Good Samaritan Band Leader Performing Job Duties on Way to Conference?

What Do You Think? An employee must be performing employment services at the time of injury to have a compensable claim in Arkansas. Is an employee driving to a work conference performing such services? What […]
Was University Diversity Investigator ‘Operating on Fumes’ FMLA-Eligible?
Was University Diversity Investigator ‘Operating on Fumes’ FMLA-Eligible?

What Do You Think? It’s probably not much fun investigating sexual harassment at a university, or anywhere else, for that matter. The stress might even trigger mental health challenges -- as it apparently did in […]
Was Injured Highway Worker a ‘Borrowed Employee?’
Was Injured Highway Worker a ‘Borrowed Employee?’

What Do You Think? In Illinois, if a “borrowed employee” injures a worker, the borrowing employer's workers' compensation coverage likely applies. If that's the case, then the injured worker can't sue the employee's general (original) […]
Was Firing Employee whose Husband was Terminal FMLA Retaliation?
Was Firing Employee whose Husband was Terminal FMLA Retaliation?

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 […]
Did Comment about Coworker’s Mother Make Ensuing Fight Purely Personal?
Did Comment about Coworker’s Mother Make Ensuing Fight Purely Personal?

What Do You Think? An employer can sometimes avoid a negligence lawsuit by demonstrating that the workers’ compensation act applies to the injury, making those benefits the employee’s sole available remedy.  One case, in addition […]
Was Driver’s Injury Unloading Massive Truck a ‘Fish Story’?
Was Driver’s Injury Unloading Massive Truck a ‘Fish Story’?

What Do You Think? Is it possible for a worker to obtain benefits for an injury that no one witnessed? Yes. But in Louisiana, the worker will have to clear a couple of hurdles to […]