Even in states where there is no such application, prior inconsistent statements will likely be used against the employee. Counsel should carefully prepare the employee for the hearing and for the questions he or she might face under cross examination. It also is important for counsel to both employee and employer to attend the hearing. Competent counsel for either party must recognize all of these potential claims as well as how they might be defended. The failure to obtain available benefits or to avoid needless liability can be grounds for malpractice.
Employment law is statutory and, as such, is subject to frequent amendment.
Radical changes in the controlling statutes are not uncommon.