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Termination after FMLA Leave Raises Questions about Arbitration Agreement
Termination after FMLA Leave Raises Questions about Arbitration Agreement

Somerset, NJ (WorkersCompensation.com) – When an employee asks for FMLA leave, any legal question that comes up as a result tends to focus on whether the employer properly granted or denied the employee’s time off. […]
Court Finds PTSD, 'Hearing Loss' Insufficient for ADA Coverage, Reasonable Accommodations
Court Finds PTSD, 'Hearing Loss' Insufficient for ADA Coverage, Reasonable Accommodations

Dallas, TX (WorkersCompensation.com) – When President George W. Bush signed the ADA Amendments Act into law and the Equal Employment Opportunity Commission issued regulations for it a few years later, the definition of disability expanded […]
Worker's Marijuana Use Before Injury Supplies Employer with Intoxication Presumption
Worker's Marijuana Use Before Injury Supplies Employer with Intoxication Presumption

Baton Rouge, LA (WorkersCompensation.com) – A workplace injury that occurs due to intoxication can make a claim for benefits go up in smoke. For example, in Griffith v. CMR Construction & Maintenance Resources, No. 54,443-WCA […]
What Do You Think: Was Preschool Owner's Bariatric Surgery Compensable?
What Do You Think: Was Preschool Owner's Bariatric Surgery Compensable?

Charlotte, NC (WorkersCompensation.com) –  Losing weight is sometimes required before someone can undergo surgery, but does that mean it’s compensable if the necessary surgery is work-related? That’s the question a North Carolina court recently faced […]
Supervisory Role Doesn't Constitute Reasonable Accommodation for Laborer
Supervisory Role Doesn't Constitute Reasonable Accommodation for Laborer

Tallmadge, OH (WorkersCompensation.com) – Changing the way a job is done is often the key to successfully providing an employee with a disability with a reasonable accommodation. However, as the court in Woodling v. GeoBUILD […]
Questions Arise About Whether Virus from Poultry Facility Caused Cardiac Problem
Questions Arise About Whether Virus from Poultry Facility Caused Cardiac Problem

Little Rock, AR (WorkersCompensation.com) – Can a virus cause a heart condition? And can it be said to be a specific incident identifiable by time and place of occurrence.  It’s possible, and as the employee […]
What Do You Think: Did COVID-19 Allow Employee to Delay Workers' Compensation Proceedings?
What Do You Think: Did COVID-19 Allow Employee to Delay Workers' Compensation Proceedings?

Topeka, KS (WorkersCompensation.com) – When the pandemic hit in March of 2020, time stood still in many places – including for court calendars and deadlines. However, labor departments stayed busy – and open – and […]
Termination after Leave, Performance Accolades Shows FMLA Retaliation
Termination after Leave, Performance Accolades Shows FMLA Retaliation

Baltimore, MD (WorkersCompensation.com) – When an employee takes FMLA leave and is terminated shortly thereafter, it could be retaliation or it could be for legitimate reasons. In Jackson v. Sprint/United Management Company, No. RDB-21-0426 (D. […]