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CAN AN EMPLOYER REFUSE TO HIRE AN APPLICANT WITH A DISABILITY?

This is a very difficult situation. If a wrong decision is made, costly litigation can ensue. Workplace decisions can no longer be based on workers’ compensation compliance alone, without the risk of...

Court of Appeals of Iowa Elaborates on Whether Intentional Conduct Can Give Rise to a Mental Injury Claim Under the Iowa Workers’ Compensation Act

In Smith v. Iowa State University, 36 IER Cases 707 (IA. Ct. App. 2013), the Court of Appeals of Iowa elaborated on when the “exclusive remedy” rule will apply to a claimant’s claim of a mental injury...

Injuries Sustained During Telecommuting Employee’s Personal Breaks May Be Compensable

In recent years, some courts have found the personal comfort doctrine to apply to employees working from a home office. The personal comfort doctrine provides that an employee is still in the course of...

Can An Employer Ask Questions About an Applicant’s Prior Workers’ Compensation Claims and Previous Medical Conditions?

Employers have long understood that making “good” hiring decisions can have a significant impact on workers’ compensation costs. Until more recent times, there was essentially no limitation on an...

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