What Do You Think? Employers must engage in the interactive process concerning an employee’s need for an accommodation under the ADA. But what if an employee clearly has a disability but doesn’t identify the accommodation […]

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 […]

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 […]

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) […]

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? In New York, when there a subcontractor has workers’ compensation coverage, the injured employee may still be able to sue the general contractor for negligence. But this is generally not the […]

Claimants may sometimes exaggerate their injuries during medical examinations. But as one case shows, surveillance videos–especially multiple videos taken prior to and after exams–rarely lie. A maintenance worker for a performing arts center hurt himself […]

Do You Know the Rule? Colorado permits a workers’ compensation claimant or an employer/carrier to petition to reopen an award under a limited number of circumstances. It’s up to the party seeking to reopen the […]