Magnifying Glass

‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness
‘Reasonable Degree’ of Med Certainty Supports Claim that N95 Mask Caused Illness

Case File A medical expert's conclusion based on a "reasonable degree of medical certainty" was enough to establish a causal link between a worker's using a required N95 mask on the job and her respiratory […]
Could Widow Sue Maine Tavern for Husband’s Death in Beer-fueled Fight?
Could Widow Sue Maine Tavern for Husband’s Death in Beer-fueled Fight?

What Do You Think? Scarborough, ME (WorkersCompensation.com) -- The exclusivity provision in Maine’s workers’ compensation act bars an injured worker, or representative, from suing an employer after obtaining workers’ compensation benefits. One case addresses whether […]
Ohio Prison Worker’s Claim Hinges on Whether she had an Unexplained Fall 
Ohio Prison Worker’s Claim Hinges on Whether she had an Unexplained Fall 

Grafton, OH (WorkersCompensation.com) – Sometimes people just fall at work and it’s not clear why. The question then becomes what standard to apply to determine whether the resulting injury arose out of employment.  A case […]
Nev. Top Court Rules Subrogees May Collect on Third Party Settlement Proceeds
Nev. Top Court Rules Subrogees May Collect on Third Party Settlement Proceeds

Case File In overruling a precedent case, the Nevada Supreme Court granted that workers' compensation insurers may assess the total proceeds of a third-party settlement with an injured worker, regardless of whether the proceeds are […]
Could Flight Attendant who Landed in Rehab Get FMLA Interference Claim off the Ground?
Could Flight Attendant who Landed in Rehab Get FMLA Interference Claim off the Ground?

What Do You Think? Chicago, IL (WorkersCompensation.com) -- The FMLA affords employees who take medical leave the right to reinstatement once they return from leave. A case involving a United flight attendant who sent ill-considered […]
Did Deflated Seat Cause Fuel Truck Driver’s Degenerative Spine Condition?
Did Deflated Seat Cause Fuel Truck Driver’s Degenerative Spine Condition?

What Do You Think? Pikeville, KY (WorkersCompensation.com) -- To obtain permanent total disability, an employee must show that the disability is causally connected to the workplace injury at issue. A case involving a truck driver […]
Exclusive Remedy Knocks Out Mass. Worker’s Claims
Exclusive Remedy Knocks Out Mass. Worker’s Claims

Case File A Massachusetts worker had punched out and was heading to his car to leave for the day when a coworker plowed into him in an employer-owned vehicle. The exclusive remedy provisions of Massachusetts […]
Captives 101: Regulatory and Legal Considerations in Captive Insurance 
Captives 101: Regulatory and Legal Considerations in Captive Insurance 

Captive insurance programs offer businesses flexibility and control over their risk management strategies. Still, they also come with strict regulatory and legal responsibilities. Compliance with the regulatory framework is essential to a captive's long-term success. […]