Show Notes
A reminder that every case is different. Injuries occur in unusual situations that challenge how we think about Workers’ Compensation and how every state and jurisdiction applies the law differently.
The “Skiing Chaperone Case,” is about a teacher who accompanies a school ski club as a chaperone. Is she eligible for Workers’ Comp if injured while skiing? Is this a work injury, or did her volunteer status exclude her? After all, skiing is fun. The answer may surprise you.
A worker on the job outdoors needed to relieve himself. He was standing on a railing over a concrete slab six feet below, unzipped … and he fell and was hurt Unfortunately, he also had an elevated blood-alcohol level and an indication of drug use. So, did the “the personal comfort doctrine” apply, or did intoxication trump his claim?
Plus, a law enforcement officer attending a conference partook of a “hospitality” suite, enjoying alcoholic beverages before falling off a balcony to his death; A truck driver who stepped into boiling water when he was awakened in his truck cabin; And an obese woman who got stuck in her workplace cafeteria booth, breaking a bone.
These are real cases, and real people were hurt. No injury is funny or subject to ridicule. But these cases illustrate the challenges Workers’ Comp attorneys face. Every worker is important and entitled to protections, but many cases are far from clear cut.
More from Workers Comp Matters
Artificial intelligence is all around us, in courtrooms, law offices, insurance claims processing, medical practices, and just about everywhere else. But what happens when AI makes its way into an actual Workers’ Compensation case. Today’s guest, Judge Frank McKay, is an appellate judge and a director of the Georgia State Board of Workers’ Compensation. This is a fascinating conversation on the cutting edge of Workers’ Comp management.
It’s been 25 years since 9/11. In this special episode, we revisit our conversation with Kenneth Feinberg, the architect of the federal compensation plan for victims and their families. As he asks in his book on the subject, “what’s life worth?”
Let’s go way down south to Alabama. As we know, Workers’ Compensation systems can vary from state to state. In this episode, we’ll explore the Alabama system with Birmingham-based Workers’ Comp attorney David Nomberg, a partner in the Nomberg Law Firm.
Let’s talk about work-related joint injuries and replacements. Sebastian Negrusa, Ph.D., joins Judson and Alan to share the Workers’ Compensation Research Institute’s (WCRI) new report, “Recent Trends in Joint Replacement Among Workers’ Compensation Claims.”
In this fascinating episode, explore how the Exclusive Remedy Rule works in the real and evolving world of Workers’ Compensation law. A recent case in Washington State, the Teela Bauer case, challenges the traditional exchange of employer civil protections for worker compensation in the case of workplace harm.