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"Workers Comp: Benefits" -- Risk & Insurance Listings
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1 - 20 of 265
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Preexisting head injury doesn't prevent worker's PTD benefits
In Kansas, an employer can rebut a presumption of permanent total disability by showing that the worker is capable of engaging in any type of substantial, gainful employment.
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05/28/13
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2
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Therapist's pain, increased narcotic medications justify benefits
In Missouri, a worker is totally disabled if she is unable to return to any work for any employer due to her physical condition.
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05/28/13
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3
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Comp allowed for driver's accident while stopping for bathroom break
In Arkansas, a worker's restroom break during work hours is a necessary function that advances an employer's interests.
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05/21/13
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4
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Location of injury used to determine loss of earning capacity
In Nebraska, if insufficient credible data exists for a determination of an undocumented worker's loss of earning capacity in his current location, his community of origin, the location where the injury occurred may serve as the hub community.
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05/21/13
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5
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Worker's immigration status doesn't prevent award of benefits
In Kansas, prior to 2011 statutory amendments, an otherwise eligible worker is not precluded from receiving an award of work disability based on her status as an unauthorized alien.
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05/21/13
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6
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Hospital worker proves need for knee replacement related to work incident
In Arkansas, an aggravation of a preexisting, noncompensable condition by a compensable injury is compensable.
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05/13/13
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7
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Aggravation of depression that is disabling warrants modifying award
In Nebraska, an injured worker is not required to reach maximum medical improvement before she can modify an award.
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05/13/13
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8
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Ability to perform new job leads to application of two times multiplier
In Kentucky, when a worker is not physically able to return to his preinjury employment but his postinjury wages are greater than his preinjury wages, his ability to earn an equal or greater average weekly wage is considered in determining whether he is entitled to a two or three times multiplier.
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05/13/13
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9
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Nurse can choose physician due to denial of compensability
In Nebraska, a worker can choose her physician if compensability is denied.
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05/06/13
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10
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Worker connects injuries with fall at work rather than incident at home
In North Carolina, medical testimony that a work incident aggravated an alleged preexisting condition can establish that the worker's condition was related to the work incident.
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05/06/13
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11
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Agency's failure to return worker to work justifies increased benefits
In Tennessee, where the preinjury employer does not return a worker to employment at a wage equal to or greater than the wage he was receiving at the time of his injury, the worker can receive benefits up to six times the medical impairment rating.
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04/29/13
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12
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Nurse's inability to do desk work secure temporary benefits
In Connecticut, the evaluation of whether a worker is totally disabled is a holistic evaluation of work capacity rather than a medical determination.
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04/29/13
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13
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104-week limitation on TTD benefits fails constitutional test
In Florida, the 104-week limitation on TTD benefits is unconstitutional as it violates the state's guarantee that justice will be administrated without denial or delay.
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04/29/13
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14
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Undocumented alien wins permanent benefits despite work ineligibility
In Nebraska, illegal aliens can be entitled to PTD benefits for work-related injuries.
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04/18/13
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15
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Worker entitled to additional retraining benefits to obtain bachelor's degree
In Wisconsin, an injured worker will not be entitled to vocational rehabilitation benefits beyond 80 weeks if the primary purpose of further training is to improve upon preinjury earning capacity rather than restore it.
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04/18/13
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16
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Hospital clerk wins benefits for PTSD resulting from hostage incident
In Ohio, an injured worker does not have to show that a physical injury was the sole cause of her PTSD in order for her to receive compensation for the condition.
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04/15/13
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17
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Benefits denied for bariatric surgery, granted for family therapy
In Iowa, an employer is not required to pay for unauthorized care unless the worker shows that the care was reasonable and beneficial.
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04/15/13
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18
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Religious corporation must provide comp coverage to members
In Montana, a religious corporation engaging in commercial activities can be considered an employer required to obtain workers' compensation insurance.
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04/15/13
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19
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Agreement with employment agency exposes county to potential liability
In North Carolina, the special employment doctrine does not apply when a contract between a temporary staffing agency and its client states that employees of the agency are not employees of the county.
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04/08/13
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20
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CNA's job abandonment doesn't block permanent partial disability benefits
In Kansas, an injured worker is not required to make a good-faith effort to seek postinjury employment to mitigate an employer's liability for benefits.
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04/08/13
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