Magnifying Glass

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) […]
What’s within a WCJ’s Discretion in a Pa. Workers’ Compensation Case?
What’s within a WCJ’s Discretion in a Pa. Workers’ Compensation Case?

Courts & Compliance Recently, the Pennsylvania Commonwealth Court considered what a workers' compensation judge must do at trial and what deference a WCJ's decisions are entitled to on appeal. I the case, Lebanon Transit v. […]
Could Injured Construction Worker Hammer Gen Contractor with Negligence Lawsuit?
Could Injured Construction Worker Hammer Gen Contractor with Negligence Lawsuit?

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 […]
What does ‘Disability’ Mean in Michigan?
What does ‘Disability’ Mean in Michigan?

Glossary Check Anyone who's been around workers' compensation long enough knows that what words mean can sometimes matter to how a claim turns out -- or doesn't. One of those words is disability, and the […]
Conn. Top Court Affirms ALJ Discretion to Award Temporary Benefits upon MMI
Conn. Top Court Affirms ALJ Discretion to Award Temporary Benefits upon MMI

Case File The Connecticut Supreme Court stepped in to say that an administrative law judge has discretion to award a claimant, after she reaches maximum medical improvement, ongoing temporary incapacity benefits in lieu of permanent […]
N.Y. Top Court doesn’t Need Signature to Apply ‘Written Agreement’ Exception
N.Y. Top Court doesn’t Need Signature to Apply ‘Written Agreement’ Exception

25 for 25 in '25 We take it back to '05 and a New York case that teaches us that a written agreement may still be enforceable in the eyes of a workers' compensation exception […]