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"Workers Comp: Claims" -- Risk & Insurance Listings
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| 21
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After-work drinking doesn't make drunk driving accident compensable
In Oregon, a worker's injuries arise out of her employment if the risk of the injury results from the nature of the work or when it originates from some risk to which the work environment exposes the worker.
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03/11/13
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22
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Jurisdiction over parents' claim for bad faith falls with board
In Indiana, the workers' compensation board has jurisdiction to hear claims of bad faith brought by an injured worker's guardians.
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03/11/13
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23
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Failure to show marriage under Mexican law dooms fatal claim petition
If a worker's marriage is valid by the law of the place where it originated, it is valid in Pennsylvania.
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03/04/13
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24
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No exposure to cleaning solutions restriction ends janitor's employment
An employee with a disability who claims that she is otherwise qualified with a reasonable accommodation bears the initial burden of proposing an accommodation and showing that it is objectively reasonable.
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03/04/13
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25
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Coworker's intoxication, driving employer's truck sends suit back
In Washington, a worker can sue a coworker if the coworker was not acting in the course of his employment at the time of the worker's injury.
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03/04/13
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26
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Sub-subcontractor's employee not entitled to coverage from contractor
In Delaware, a contractor is not required to monitor its subcontractor's workers' compensation insurance coverage during the entire coverage period.
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02/25/13
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27
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Attorney fails to link condition with chemical odor in office
In Washington state, to establish an occupational disease due to chemical exposure, a worker must establish a causal link between her condition and her employment.
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02/25/13
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28
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Boilermaker's per diem doesn't justify comp for accident during drive to work
In Wyoming, an employment contract that expressly states that per diem payments do not include pay for travel time or mileage will prevent an accident during a worker's commute from home to work from being considered compensable.
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02/18/13
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29
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Worker fails to link leukemia with work-related benzene exposure
In North Carolina, in order to prove the existence of an occupational disease, a worker must show a causal connection between the disease and the employment.
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02/18/13
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30
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Indian casino employee can't receive double compensation
In Arizona, employees of Indian tribes cannot receive workers' compensation from the state. Rather, they must file claims with the tribe's workers' compensation carrier.
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02/11/13
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31
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Inspector's termination nixes supplemental earnings benefits
In Louisiana, a worker's termination for violating an employer's policies will cut off her supplemental earnings benefits.
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02/11/13
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32
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MRSA infection can't be linked to work in absence of medical evidence
In Pennsylvania, in cases where the causal connection between a worker's work and his injury is not obvious, the connection must be established by unequivocal medical testimony.
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02/04/13
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33
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Assault by coworker's former boyfriend doesn't lead to benefits
In Kentucky, injuries arising from a workplace assault are not compensable if the attack was related to personal grievances between the parties.
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02/04/13
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34
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Worker's poor credibility nixes benefits for alleged work accident
In Michigan, the commission will defer to the magistrate's credibility determination where such determination is reasonable.
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02/04/13
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35
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Requirement for separate medical exams cuts receipt of benefits
In Wyoming, a worker is required to undergo separate medical examinations for each application for TTD benefits.
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01/28/13
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36
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Comp denied for avascular necrosis unrelated to aide's work
In Kansas, a preexisting condition is not compensable if the work activities did not accelerate the ongoing degenerative condition.
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01/28/13
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37
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Restaurant permitted to communicate ex parte with treating physician
In Georgia, an employer can seek relevant protected health information informally by communicating orally with a worker's treating physician.
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01/28/13
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38
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Comp denied for worker's fall when leg "just gave out"
In Kansas, a worker's unexplained fall while walking is a hazard to which the worker would have been equally exposed apart from the employment and is not compensable.
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01/18/13
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39
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Short distance for smoke break doesn't make injury compensable
In Oregon, the fact that an employer has control over the location where an employee is injured is not enough to establish compensability of the injury.
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01/18/13
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40
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Police officer's steroid use, defiance merit termination of benefits
In Florida, a worker's termination based on misconduct suspends his right to temporary partial disability benefits.
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01/18/13
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