Archive for April 2013

MT Legislature Firms Up Standard of Proof for “Intentional Injury”

The Montana legislature passed, and the Governor signed into law, HB-0232.  The change creates a higher standard of proof for claims against an employer or fellow employee for ‘intentional’ injuries alleged to go beyond the Exclusive Remedy.  Allegations after the effective date of the change (July 1, 2013) must now show that the intentional and […]

Pain in WC

The North Dakota legislature has debated the issue of pain in the context of pre-existing conditions and claims made for such pain if the pain gets worse at work. http://bismarcktribune.com/news/local/govt-and-politics/senators-debate-pain/article_881a171a-98af-11e2-b7f3-001a4bcf887a.html Pain continues to be an issue in workers’ compensation across the US, as the population average age increases and the number of pre-existing issues climbs. […]