The Future of Exclusive Remedy: Does the Doctrine Still Protect Employers? by Thomas A. Robinson. At the heart of the 100-year-old workers' compensation "bargain" is the exclusive remedy doctrine: that the employee and his or her dependents, in exchange for somewhat modest but relatively assured disability and medical benefits, give up their common-law right to sue the employer for damages for any injury covered by the relevant Workers' Compensation Act. From the perspective of some, this important core doctrine has been remarkably resilient during the past hundred years. Others contend that exclusivity is under attack. Read more.

At the 21st Annual National Workers' Compensation and Disability Conference®, Nov. 7-9, Thomas A. Robinson will speak and moderate on The Future of Exclusive Remedy. Joining him are Albert Betts, Esq., Kevin L. Connors, Esq., Lex K. Larson, and Lawrence J. Pascal, Esq.

LexisNexis Workers' Comp Law Community Members are eligible for a special discount.

Mental Injury Claim Related to Depression From Inability to Return to Work, by Thomas A. Robinson. Due to the subjective nature of mental injuries, a number of jurisdictions limit or even prohibit the compensability of claims involving such injuries. For example, some states refuse to allow compensation for a mental injury unless it is also accompanied by a physical injury. Others require that the stimulus which gives rise to the mental injury be sudden and/or unusual. Some states disqualify claims that are associated with bona fine personnel decisions. Read more about a recent Tennessee case as well as other cases on Termination of Employment, Substantial Certainty, and Going and Coming Rule.