Magnifying Glass

Did Past Falls Justify Trashing Part of Garbage Man’s Compensation for Concussion?
Did Past Falls Justify Trashing Part of Garbage Man’s Compensation for Concussion?

In West Virginia, employees are not entitled to compensation for the portion of an injury that is the result of pre-existing conditions. One case shows why it’s important for employers to ensure that at least […]
Must DHL Deliver Accommodations for Manager’s Debilitating Hypertension, Anxiety?
Must DHL Deliver Accommodations for Manager’s Debilitating Hypertension, Anxiety?

What Do You Think? Employers must reasonably accommodate an employee with a disability. But that’s only the case if the employee is “qualified.” A recent decision out of Puerto Rico illustrates why it's so important […]
Could ‘Loin-Puller’ Mechanic Sue Pork Processor for FMLA Interference?
Could ‘Loin-Puller’ Mechanic Sue Pork Processor for FMLA Interference?

What Do You Think? Sometimes it takes a jury to decide whether an employee has established an FMLA interference claim. A case in point involves an employee who worked as a skilled mechanic at a pork-processing […]
Could Work-From-Home Nurse Case Manager Sue Managed Care Employer in NJ?
Could Work-From-Home Nurse Case Manager Sue Managed Care Employer in NJ?

What Do You Think? Individuals who work for managed care companies helping claimants navigate the workers’ compensation system may sometimes face harassment by those same claimants. As one case shows, the legal maze such an […]
Was 4th Pregnancy Reason Bank Fired Employee?
Was 4th Pregnancy Reason Bank Fired Employee?

What Do You Think? While the timing of terminating an employee matters when it comes to avoiding FMLA disputes, so do other circumstances. One case shows, for example, how the level of clarity surrounding the […]
Could Worker who Filed 8 Days Late get Hearing to Keep Benefits off Chopping Block?
Could Worker who Filed 8 Days Late get Hearing to Keep Benefits off Chopping Block?

What Do You Think? In Arizona, an employer can generally convince a hearing officer to dismiss an employee’s hearing request if the request is untimely. This is the case even when the employer is seeking […]
Was Oil Rig Worker who Largely Worked Independently a ‘Borrowed Servant’?
Was Oil Rig Worker who Largely Worked Independently a ‘Borrowed Servant’?

What Do You Think? A “borrowed servant” is entitled to workers’ compensation for work-related injuries. When the borrowed servant doctrine applies, it also limits workers’ ability to sue the company that “borrowed” them for negligence […]
Was Post-Retirement Total Incapacity Compensable in Connecticut?
Was Post-Retirement Total Incapacity Compensable in Connecticut?

New Haven, CT (WorkersCompensation.com) – The Connecticut Supreme Court recently addressed whether an employee may obtain workers’ compensation benefits for total incapacity that occurs after he retires. It was the first time the court addressed […]