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? For an injury to be compensable, the employee must be engaging in activities reasonably incidental to employment. What exactly relates to employment can get foggy, however, especially in the school context, […]

What Do You Think? Timing is often a key factor in whether an employee’s retaliation claim succeeds. Courts tend to place a lot of weight on how much time passed between the claim and the […]

What Do You Think? When a spouse dies from an occupational disease, the surviving spouse has one year to file a claim for death benefits. Prior to Sept. 28, 2021, that period (the statute of […]

What Do You Think? If an employee gets hurt on the way to work, or on the way home, the injury is generally not compensable. But what happens when the employee is hurt on the […]

What Do You Think? An employer can end up owing a sizable penalty to an employee if it denies his workers’ compensation claim and that denial is “frivolous.” As one case shows, there are special […]

What Do You Think? Civil procedure stuff, like who has the “burden of proof” in a worker's compensation case, can make you want to reach for a high grade espresso. But it’s actually important to […]