Newsletter Sign-up

In New Jersey, a worker arguing that stress caused his heart problems must show the disease was due to characteristic of his particular trade, occupation, process, or place of employment.

In Louisiana, a worker who files a claim for benefits after stating that he was not seeking benefits should prompt an employer to investigate, rather than deny the claim.

In Alabama, in order for a worker's injury to be compensable, it must occur both in the course of the worker's employment and arise out of the employment.

In Arizona, a firefighter has a burden of proving that a carcinogen is reasonably related to his cancer for the cancer to be a compensable occupational disease.

In North Carolina, expert testimony is not required in every workers' compensation case to establish that a worker's job exposed him to an increased risk of a lightning strike injury.

In Virginia, an economic change in condition may change a worker's right to, amount of, or duration of compensation.

According to the 10th U.S. Circuit Court of Appeals, under the ADA of 1990, an individual is currently engaging in the illegal use of drugs if the drug use was sufficiently recent to justify the employer's reasonable belief that the drug use remained an ongoing problem.

In Virginia, evidence that the employer controlled the worker's work and provided most of the tools used shows the worker was an employee, rather than an independent contractor.

In Kentucky, benefits received pursuant to a collective bargaining agreement are not exclusively employer-funded and are not offset by workers' compensation benefits received during the same time period.

In Florida, a statutory reduction of benefits is triggered when a worker intentionally commits an act in refusal of the employer's requirement to use a safety device.

The National Marine Fisheries Service issued an advance notice of proposed rulemaking to enhance consideration of safety issues in fisheries management in its guidelines.

In Connecticut, a worker can give notice of a claim to an agent of his employer triggering the employer's obligation to file a notice contesting the claim.

In Wisconsin, a compromise agreement is considered an adjudication of a compensation claim, and a worker's suit against his coworker for his injuries is barred.

In Oklahoma, if a probate court finds that a deceased worker was in a common law marriage, the common law wife is entitled to workers' compensation benefits.

In Arizona, a physician should rate an injured worker's impairment using the AMA Guides most recently published before the worker's impairment.