Category

Workers Comp
Workers’ compensation claims can be awarded or denied for some of the most trivial reasons. Although two claims may seem identical, one claim could be compensable while the other claim is denied.  Below, we’ll highlight two such cases. Exhibit A In October 2008, a nursing assistant was attending a mandatory work seminar at which she...
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Minnesota legislators made a revision to the state’s Workers’ Compensation Act earlier this month, adding a clause that makes “mental-mental” injuries compensable. The revision specifically changes how claims of post-traumatic stress-disorder are viewed under Minnesota law. PTSD was previously viewed as a disease that arose “out of and in the course of employment peculiar to...
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A new study known as the “Workers’ Perspective on Settlements and Hearings” has shed some light on how claimants view the workers’ compensation process in Minnesota. To narrow their study, researchers focused on individuals who settled their claim outside of the courtroom. Their goal was “to ensure voluntary settlements are in the workers’ best interests.”...
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A new study published in the American Journal of Public Health found that employees who have the ability to take paid sick leave were 28 percent less likely to be injured on the job than people who can’t take paid sick leave. The study, conducted by researchers at the Centers for Disease Control and Prevention,...
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A Tennessee Workers’ Compensation Appeals Panel recently ruled that an on-call employee was an exception to the “coming and going rule”, meaning that the employee was eligible to receive workers’ compensation benefits. The case began when Tina Shannon was injured in a motor vehicle accident on her way home from work.  Shannon served as a...
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Guest Blog Prior to its 1983 amendment, the Workers Compensation Act generally favored the injured employee.  An injured party’s common-law rights were retained unless the Act clearly modified those rights.  In 1983, the Act was amended to be applied on an “even-handed basis”, which ensured neither party received preferential treatment. This standard remains in effect...
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Anyone who has gone through a messy court proceeding knows that they can drag on for far too long.  In an effort to meet client demands and save court costs, some firms are putting a creative twist on the compensation they award to their claimants. Firms are turning to a variety of different forms of...
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A New Jersey woman who volunteered at a local thrift store recently had her workers’ compensation claim denied because a judge ruled that she was not considered an employee under the scope of the law. Vasiliki Rallatos, who routinely shopped at the local thrift store, said she decided to submit a volunteer application after she...
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The short answer to the question “can I sue my employer” is no. In Minnesota, if a person is injured on the job, their exclusive remedy is the workers compensation system. In other words, you can file a work comp claim, but you cannot bring a civil suit against your employer for any negligence on...
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In the ever-expanding world of social media, companies and private investigative units are turning to sites like Facebook and Myspace to fight workers’ compensation fraud, but it raises ethical questions about obtaining information. Social media sites are the most popular way for people to share their ideas and activates in the digital realm, and more...
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