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In Indiana, an insurer may be held liable for bad faith in adjusting or settling a compensation claim. However, if the insurer properly denies a compensation claim, it has not acted in bad faith.

A potential position is not available if the worker lacks transportation to the job.

In New York, the court will defer to the Workers' Compensation Board's determination of witness credibility, when it is supported by substantial evidence.

In Texas, when an employee brings a negligence suit against an employer that does not carry workers' compensation insurance, the suit still arises under the Workers' Compensation Act.

Where an insurance agent holds herself out as having expertise in a particular type of insurance and the insured relies on her representations, she may be liable for losses that resulted from her failure to advise the insured to carry workers' compensation insurance.

In Massachusetts, where an incident has been brought up continuously in an employee's workers' compensation claim and addressed in testimony by both sides, an administrative judge does not necessarily abuse his discretion by including it as part of the claim.

In Alaska, when evaluating a pre-2005 claim for a mental injury caused by mental stress, the standard is whether a worker suffered "extraordinary and unusual stress."

The Idaho Industrial Commission proposed an addition to the Idaho Code 17.02.08.033, Rule Governing Approval of Attorney Fees in Workers' Compensation Cases.

The Division of Workers' Compensation adopted revisions to the Workers' Compensation Rules of Procedure 7 C.C.R. 1101-3. Rules 8-8 through 8-13 apply to claims filed on or after Aug. 5, 2009, in which the employer or insurer requires an independent medical examination pursuant to 8-43-404.

In North Carolina, once an employer has accepted liability for a claim, its ability to unilaterally terminate a worker's benefits is very restricted.

When an employer congregates its employees at its place of business and then transports them to the work site, the employees are considered to be in the scope of their employment during the ride and the Workers' Compensation Act applies.

In Nevada, subcontractors and independent contractors are generally afforded the same status as employees. However, a person is not an employer for purposes of workers' compensation if he meets two requirements.

In South Carolina, the services of elected co-operative trustees are generally considered gratuitous. Therefore, the trustee is not an employee for purposes of workers' compensation benefits.

An employer that is seeking to avoid payment has the burden of proving the hospital has unbundled its charges so as to itemize additional charges outside the established prevailing rate of reimbursement.

Where a specific finding was never issued relating to the past, present or future compensability of a particular claim for benefits, the claim cannot be barred by collateral estoppel.

Where the medical records do not establish a causal link between an employee's injury and his multiple back pathologies, the employee has failed to provide requisite evidence supporting a benefit award.