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Legal Doctrines

Georgia Court Orders Employer to Pay Heirs of Killed Worker $5.4 Million

A Georgia court ruling means a trucking company will pay the heirs of a worker $5.4 …

Georgia Court Orders Employer to Pay Heirs of Killed Worker $5.4 MillionRead More

Metroliner Crash Leads to Proposed Increase in Railroad Accident Liability Cap

A California congressman recently introduced a bill that could change liability in train accident …

Metroliner Crash Leads to Proposed Increase in Railroad Accident Liability CapRead More

Misconduct of Employee General Irrelevance of Employee Fault

Larson’s Workers Compensation Law,  Chapter 32, which repeats one of the axioms of …

Misconduct of Employee General Irrelevance of Employee FaultRead More

39 Willful Violation Citations Appealed by Refinery

Tesoro filed its appeal recently of the record $2.39 million citation the Washington Department of …

39 Willful Violation Citations Appealed by RefineryRead More

Comp Surgery Center in Cahoots with 3 Insurance Company Employees to Fraudulently Negotiate Liens Get 12 Years in Prison

The ring leader in workers compensation insurance fraud scheme that defrauded two insurance …

Comp Surgery Center in Cahoots with 3 Insurance Company Employees to Fraudulently Negotiate Liens Get 12 Years in PrisonRead More

Is Your Business Aware of Pregnancy Discrimination Laws

­­­­­­­­­­­­­­­­­­­­ …

Is Your Business Aware of Pregnancy Discrimination LawsRead More

Injuries Not Compensable When Police Officer Working As Funeral Home Escort

According to the mayor of Montgomery, Alabama, the city simply is not able to provide workers …

Injuries Not Compensable When Police Officer Working As Funeral Home EscortRead More

Terminated Employee TTD Benefits for Carpal Tunnel Reinstated

A law mandating fired employees file workers compensation claims within six months of their …

Terminated Employee TTD Benefits for Carpal Tunnel ReinstatedRead More

Should Distracted Cop Receive Work Comp After Killing Sisters

The question: Do workers compensation laws need to be revised to exclude people who cause …

Should Distracted Cop Receive Work Comp After Killing SistersRead More

Third Party Workers Compensation Actions Against Doctors

Arizona Court Says Independent Medical Examiner Owes Duty of Reasonable Care  An Arizona …

Third Party Workers Compensation Actions Against DoctorsRead More

Was Man Mauled By Bear Covered by Workers Compensation

Records indicate the Ohio man, owner of a bear that mauled its caretaker to death, did not have …

Was Man Mauled By Bear Covered by Workers CompensationRead More

Jones Act Riverboat Casino Not Vessel in Navigation

Observing that since 2002, the riverboat where the employee worked had been moored and stationary …

Jones Act Riverboat Casino Not Vessel in NavigationRead More

Blood Spatter to Face and Eyes Qualifies as Traumatic Event for Health Care Worker

Continuing a line of cases that generally allow for the recovery of medical benefits where a worker …

Blood Spatter to Face and Eyes Qualifies as Traumatic Event for Health Care WorkerRead More

If Your Employees Travel Where Do You Pay Premiums

A Reader Asks: If an employer is in a non-monopolistic state and the  employee’s …

If Your Employees Travel Where Do You Pay PremiumsRead More

Personal Comfort Doctrine or – Make Sure the Vending Machines are Secure

Worker Injured Attempting to Retrieve a Bag of Chips Stuck in Vending Machine Receives Award of …

Personal Comfort Doctrine or – Make Sure the Vending Machines are SecureRead More

Injured Worker Must Show Wiggling His Butt Was Not Disqualifying Horseplay

In Iowa Case Burden of Proof is Upon Injured Worker to Show that Greeting a Co-worker By …

Injured Worker Must Show Wiggling His Butt Was Not Disqualifying HorseplayRead More

Retaliatory Discharge Borrowed Employees Are Protected As Well

A borrowed employee filed a retaliatory discharge action against the borrowing employer, contending …

Retaliatory Discharge Borrowed Employees Are Protected As WellRead More

In Positional and Neutral Risks Parties Must Address Rebuttable Presumption

 A minority of jurisdictions make awards whenever the injury occurred because the employment …

In Positional and Neutral Risks Parties Must Address Rebuttable PresumptionRead More

North Dakota Bank Teller with PTSD After Being Handcuffed at Gunpoint During Robbery Denied Work Comp Benefits

A North Dakota bank employee is seeking workers comp more than a year after a robbery left her …

North Dakota Bank Teller with PTSD After Being Handcuffed at Gunpoint During Robbery Denied Work Comp BenefitsRead More

Legal Doctrine: Deliberate Avoidance of Employment Relation

At the core of the workers compensation bargain is the employer-employee relationship. Where that …

Legal Doctrine: Deliberate Avoidance of Employment RelationRead More

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