Newsletter Sign-up

In Michigan, an injury that occurs while in the pursuit of an activity the major purpose of which is social or recreational is not covered under workers' compensation.

In Kentucky, even where a safety rule exists, if the employer fails to enforce the rule, a worker cannot be penalized for failing to follow it.

In Missouri, an injury arises out of and in the course of employment if the accident is the prevailing factor in causing the injury.

n Maryland, the term "wage-earning capacity" includes the capacity of a worker to earn overtime compensation.

In Illinois, a claimant's doctor must testify within a reasonable degree of medical certainty that the claimant's chemical exposure at work caused her condition.

The Workers' Compensation Court proposed changes to its court rules.

The Workers' Compensation Court proposed amendments to rules regarding the schedule of fees for medical, surgical, and hospital services and the first report of alleged occupational injury or illness.

In Delaware, a worker who voluntarily retires can still collect partial disability benefits stemming from a pre-retirement work-related injury if he does not intend to remove himself from the job market.

In Ohio, a long lag time between an injury and the appearance of depression can undermine a showing that the depression was caused by an injured worker's chronic pain.

In New York, even where some members of the public could encounter a dangerous condition, if the general public would not be exposed to that condition, the condition may still be deemed a special hazard.

In Mississippi, a treating physician's opinion that a worker can return to regular duty with no impairment rating can undermine benefits.

In Texas, the exclusivity provision bars a suit claiming that injuries to a worker's child were caused by the worker's exposure to toxic substances in the workplace.

In Louisiana, an employer asserting that a worker committed fraud by working while collecting benefits must show the worker was earning money and was capable of performing work.

In Kansas, the monetary value of the use of a company truck is not included in a worker's average weekly wage if it was only used for work and he only received reimbursement for work-related expenses for the truck.

In North Carolina, a worker may be considered an employee of an employer even if the individual who hired the worker was not authorized to do so.

In Louisiana, a worker's testimony alone may be sufficient to prove the occurrence of an unwitnessed incident if the testimony is corroborated by the circumstances after the alleged incident.