What Do You Think? There is an exception to the exclusivity provision of Louisiana’s workers’ compensation statute. Under that exception, claimants are not limited to workers’ compensation benefits, but can also sue in tort, if […]

What Do You Think? A case involving a Brooklyn cook who was hopefully not coughing into the soup before he took time off for bronchitis asks the question, how serious does an illness have to […]

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 […]

25 for 25 in '25 In our look back at 25 cases from each year that we've been in existence, we come to 2001, and a case from Kansas that tested how much an employer […]

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 […]

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 […]

Case File When a worker received workers' compensation benefits while off of work, it cut against his case that he didn't make an informed election of benefits after losing a finger in an accident at […]

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 […]