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 […]

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 […]

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 […]

What Do You Think? Employers can generally avoid paying worker’s compensation benefits by showing that the worker is an independent contractor. Only it’s not always clear. One case highlights some of the signs courts look […]

What Do You Think? Georgia’s Rycroft defense can help an employer avoid paying workers’ compensation benefits in certain circumstances where the employee made a fraudulent misrepresentation about her pre-existing physical injuries. But what happens if the company […]

What Do You Think? New Hampshire’s statute of limitations period for filing a workers’ compensation claim is generally three years. A recent ruling from the state’s high court addresses whether, in the case of death […]

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 […]