Newsletter Sign-up

In Illinois, the fact that a floor was recently waxed does not expose a worker to an increased risk of falling out of her chair at work.

In Ohio, an injured worker who receives a decision on the merits on a workers' compensation claim in another state cannot file a claim in Ohio for the same injury.

In Tennessee, a medical expert's opinion can be discredited if it conflicts with autopsy findings and a worker's other medical records.

In Illinois, a worker's acts in preparation for a work-related trip prior to leaving his home are not within the course of employment, as the worker's work-related travel has not yet begun.

In Idaho, a worker will not be entitled to benefits for a heart attack if his doctor cannot determine whether the heart attack was triggered by events occurring before or after he arrived at work.

In New York, where neither of a worker's treating doctors opine that his myocardial infarction was likely to have been caused by work-related stress, there is insufficient medical evidence to find a causal relationship between the worker's employment and his injury.

In Louisiana, evidence that a worker sought treatment for pain one month before the alleged work-related accident will make it difficult for the worker to show a causal relationship between the work incident and her injury.

In Iowa, an employer is not required to pay for unauthorized care unless the worker shows that the care was reasonable and beneficial.

In Missouri, traumatic hearing loss must meet a minimum threshold for the work accident to be considered a prevailing factor in causing a compensable injury or compensable permanent disability.

In North Carolina, the special employment doctrine does not apply when a contract between a temporary staffing agency and its client states that employees of the agency are not employees of the county.

In New Jersey, the special mission exception to the going and coming rule allows compensation for workers required to be away from the conventional place of employment if engaged in the direct performance of employment duties.

In Indiana, intentional harassment that gives rise to an accidental injury at work can be compensable, but the fact that an injury happens at work does not automatically render it compensable.

In Delaware, when determining whether a worker was permanently injured, it must be decided whether he suffered a permanent loss of use of a member or part of his body and whether the loss of use was caused by a work accident.

In Ohio, age alone cannot be a basis for granting permanent total disability benefits.

In Kentucky, the failure of a medical expert to receive an adequate patient history can lead to the expert's opinion being rejected.

In Oklahoma, an injured worker who suffers from post-traumatic stress disorder and depression as a result of a work incident is not entitled to benefits unless he also suffered a physical injury in the incident.

In Hawaii, an occupational disease is compensable if it is caused by conditions that are characteristic of or peculiar to the particular trade, occupation, or employment.

In Kentucky, a court may consider the intent of a coworker when determining whether the coworker's actions constituted willful and unprovoked physical aggression.

Employers must engage in a good-faith interactive process with employees to identify and implement appropriate reasonable accommodations.

A worker's receipt of Social Security disability benefits may prevent her from establishing a disability discrimination claim under the ADA if she fails to explain her representation in her disability application that she was unable to work.