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• Workplace Injury Intentional Torts ( March 1996 )
  Douglas B. M. Ehlke of Ehlke Law Offices

  Like mushrooms, intentional tort lawsuits over workplace injuries survive legislation to eradicate them and crop up in unexpected states with historically strong workers compensation employer immunity. Witness the recent case of Theresa Birklid v. The Boeing Company in Washington state. Never in 70 years had that state's Supreme Court allowed a workplace injury to trigger a successful tort case against the employer; only intended physical assaults by co-workers led to civil liability beyond the exclusive remedy of workers' compensation benefits. Employees, even when injured by employers' gross negligence of removing guards (without intending to assault or hurt a specific employee), were shut out from seeking civil injury tort case compensation against their employers.

• Even Birthday Spanking Injuries Can Be Covered by the Minnesota Workers' Compensation Act ( October 2004 )
  Quarles & Brady LLP

  Many states have developed workers compensation systems entitling employees to receive compensation for workplace injuries, regardless of fault, which also allow employers to know what liability they face for such injuries. In keeping with that purpose, Minnesota has been willing to find most injuries that occur in the workplace to be covered under its Workers Compensation Act ("WCA"). Indeed, based upon these principles, the Minnesota Supreme Court recently barred an employee claim for injuries resulting from a "birthday spanking" against an employer and, in the process, reaffirmed Minnesota's broad definition of injuries covered by the WCA.

• January 2004 Benefits Briefs ( February 2004 )
  Nixon Peabody LLP

  Contains discussion of market timing in 401(k)s, a ruling that a domestic partner is entitled to benefit coverage not applied for, and benefit coverage of independent contractors, among other subjects.

• Atlanta Employment Law Seminar. Seminar Summaries of Speakers Linda Sherman and Jonathan Rosenfeld of Hale and Dorr LLP. ( January 2004 )
  Barry J. Hurewitz of Wilmer Cutler Pickering Hale and Dorr LLP

  Linda Sherman provided a discussion on executive compensation. Jonathan Rosenfeld was unable to participate in person, but prepared a presentation on hiring and firing measures to avoid liability which is available online.

• Liability in More Ways Than One: Employing Undocumented Workers ( September 2003 )
  Nick  Beermann of Ogden Murphy Wallace, P.L.L.C.

  The practical reality of many employers' labor needs is that they could not successfully run their businesses unless they employed immigrant workers. Unfortunately, there is a misperception among employers that immigrant workers do not share the same rights as US citizens or permanent residents with work permits. But employing immigrants generally subjects employers to the same legal implications as employing non-immigrants.

• Worker's Compensation: Recent Decisions Hurt Employer's Ability to Modify or Suspend Awards ( June 2002 )
  John J. Muldowney of White and Williams LLP

  In 1996, Pennsylvania enacted reforms to ease the burden on employers seeking suspension or modification of an injured employee's benefits under the Workers' Compensation Act. Unfortunately, Pennsylvania Commonwealth Court decisions have undermined the reforms.

• Chronic Beryllium Disease Suffers Get Recognition ( February 2001 )
  Jon L. Gelman of Law Office of Jon L. Gelman

  "The Cold War Compensation Act" is the first federal workers' compensation program to be implemente.

• Proving a Compensable Latex Case: The Need for Expert Testimony ( January 2001 )
  Jon L. Gelman of Law Office of Jon L. Gelman

  A Pennsylvania court required that expert testimony be offered in order to establish causal relationshi.