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Did Recruiter’s Request for Time Off to Care for Ailing Spouse Keep FMLA Case Alive?
Did Recruiter’s Request for Time Off to Care for Ailing Spouse Keep FMLA Case Alive?

What Do You Think? The FMLA is not like a Harry Potter movie: it doesn’t take magic words to open the door to medical leave or to trigger an employer’s obligations under the statute. But […]
Could Farm Laborer Who Lost Leg During Vanpool Accident Recover Workers’ Comp?
Could Farm Laborer Who Lost Leg During Vanpool Accident Recover Workers’ Comp?

What Do You Think? The coming and going rule bars most workers’ compensation claims based on injuries sustained during a commute. In California, the “special risk” rule is an exception that covers injuries that occur […]
Was Firefighter Injured Doing Laundry Entitled to Workers’ Comp?
Was Firefighter Injured Doing Laundry Entitled to Workers’ Comp?

What Do You Think? Firefighting is a difficult and dangerous job. So, when a firefighter gets hurt at work, one assumes the injury occurred when he or she was heroically battling a dangerous conflagration–not when […]
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) […]