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"Workers Comp: Benefits" -- Risk & Insurance Listings
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Date |
| 41
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Police officer secures determination that work caused his heart attack
In New York, a heart injury that is brought on by overexertion or strain in the course of daily work is compensable.
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02/11/13
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42
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Worker proves connection between work boots and blister
In Arkansas, the fact that a worker could not determine the exact moment he sustained an injury does not prevent him from proving that he suffered a compensable injury as a result of a specific incident.
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02/04/13
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43
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Controversion of claim unreasonable when doctors link condition, accident
In Louisiana, an employer's controversion of a claim is unreasonable when it is aware of numerous medical opinions that find a direct connection between the worker's condition and the work accident.
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01/28/13
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44
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Miami Dolphins' player scores Pennsylvania jurisdiction over claim
When an injury occurs in Pennsylvania, a written agreement conferring jurisdiction in another state is unenforceable.
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01/28/13
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45
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Questions about applicability of comp move shooting suit forward
In Georgia, an employer's workers' compensation carrier's payment of funeral expenses for a deceased worker does not prevent the worker's children from suing and contesting the applicability of workers' compensation coverage.
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01/18/13
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46
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Termination based on social media posting doesn't block benefits
In Louisiana, an employee who is terminated can be entitled to benefits if it is unclear whether her termination was for cause.
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01/18/13
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47
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Insurer not entitled to reimbursement for life insurance proceeds
In Vermont, a workers' compensation carrier cannot seek reimbursement from life insurance payments paid to a deceased worker's beneficiaries.
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01/14/13
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48
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Unsuccessful job search doesn't prevent supplemental earnings
In Louisiana, a worker's earning capacity can include the earnings she would have received from an available position for which she applied but was not selected.
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01/14/13
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49
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Surgery allowed for disk protrusion despite benefits to unrelated stenosis
In Ohio, a worker's request for surgery required for an allowed condition cannot be denied just because the surgery would also treat a condition not related to the work injury.
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01/10/13
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50
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Car accident after work incident doesn't end benefits for neck injury
In Kansas, a worker is entitled to reimbursement for an examination with a health care provider even if the same provider makes an impairment rating based on a different examination.
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01/10/13
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51
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Worker's failure to join second claim with first isn't fatal to claim
In Kentucky, an injured worker is not required to join her second workers' compensation claim against an employer with a first claim when a hearing was already held on the first claim.
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01/07/13
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52
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Worker entitled to TTD benefits despite nonwork-related Huntington's
In Louisiana, a worker is not entitled to benefits if he willfully makes a false statement or representation for the purpose of obtaining or defeating a benefit or payment.
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01/03/13
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53
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Technician's fall down stairs leads to benefits
In Missouri, an injury does not arise out of and in the course of employment if it comes from a hazard or risk to which the worker would have been equally exposed outside of work.
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01/03/13
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54
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Permanently disabled worker entitled to vocational rehabilitation
In Nebraska, accepting a job paying minimum wage does not automatically restore an injured worker to suitable or gainful employment when his previous employment was at a significantly greater wage.
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12/17/12
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55
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Total number of weeks worked considered in calculation of AWW
In New Mexico, in calculating the AWW for employment for less than 26 weeks, the total wages earned by the worker should be divided by the number of weeks he worked in the job.
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12/17/12
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56
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Preexisting cardiovascular disease doesn't block finding of causation
In New York, where the county medical examiner provides credible medical testimony that a worker's work activities contributed to his fatal heart attack, and it is undisputed that he was in the course of his employment when he became fatally ill, the worker's preexisting advanced cardiovascular disease will not block a finding that his death was causally related to his work.
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12/10/12
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57
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Housekeeper's workplace assault is within realm of workers' comp
In Kansas, a worker assaulted on the job by a coworker has a valid workers' compensation claim unless the attack grew out of a purely personal dispute.
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12/10/12
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58
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Project manager proves working conditions caused heart attack
In Illinois, a worker is entitled to benefits for stress if the working conditions expose the worker to risks greater than those facing the general public.
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12/10/12
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59
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Operator's goal of opening restaurant doesn't preclude wage loss benefits
In South Carolina, an injured worker's desire to open a restaurant is too speculative to show that he did not sustain a wage loss.
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12/06/12
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60
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Accident during paid break is within course, scope of employment
In Kentucky, a worker can be entitled to benefits for an injury that occurred off-premises during a paid break if the worker left the premises for a "personal convenience."
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12/03/12
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