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"Workers Comp: Claims" -- Risk & Insurance Listings
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Date |
| 61
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Borrowing employer's van doesn't make collision compensable
In New York, an employer's act of providing permission on one occasion to take home the employer's vehicle does not raise the issue of a frequent and regular practice of providing transportation to its employees.
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11/19/12
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62
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Spinal cord stimulator deemed less safe treatment
In Washington, the Department of Labor and Industries cannot authorize treatment by a spinal cord stimulator as necessary and proper medical treatment.
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11/19/12
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63
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Attendant's wipeout while retrieving school materials not compensable
In Alabama, a worker's injury while walking to her car after the end of her shift is not compensable if she was not attempting to leave work and was retrieving nonwork-related items from her car.
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11/15/12
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64
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ALJ's misapplication of unexplained death presumption warrants remand
In Georgia, the unexplained death presumption can arise when the worker becomes ill at his place of employment and later dies from the illness at the hospital.
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11/15/12
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65
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Psychiatrist's opinion doesn't justify refusal of suitable employment
In North Carolina, "suitable employment" is any job that a worker is capable of performing considering her age, education, physical limitations, vocational skills, and experience.
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11/12/12
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66
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Benefits extinguished for unemployed volunteer firefighter
In Kentucky, a volunteer firefighter who is otherwise unemployed and has no regular employment is not entitled to income benefits.
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11/01/12
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67
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Cleaner's use of helpers indicates independent contractor status
In New Jersey, an employer-employee relationship exists when the employer retains the right to control what work is done and how the work is done.
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11/01/12
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68
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Worker's argument for unscheduled compensation falls flat
In Arizona, multiple injuries to the same extremity incurred in a single accident are designated as scheduled losses.
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10/29/12
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69
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Comp doesn't cover ski instructor's wipeout on slope while going over jump
In Michigan, a worker's injuries can be statutorily excluded from coverage if the major purpose of his activities at the time of injury were social or recreational.
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10/29/12
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70
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Machinist's abandonment of light-duty job precludes temporary total benefits
In Ohio, a worker's termination can be considered a voluntary abandonment from employment barring TTD compensation if it originates from behavior that the worker willingly undertook.
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10/25/12
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71
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7-year gap, intervening accidents nix comp for neck injury
In Louisiana, a seven-year gap between a worker's injury and work-related accident and intervening accidents will make it difficult to prove a causal connection between the injury and work accident.
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10/22/12
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72
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Specialist's attempt to obtain benefits for hula hoop injury falls flat
In Florida, in order for an injury during a recreational activity at work to be compensable, the worker must show that her participation was mandatory and that the activities produced a substantial direct benefit to the employer beyond improvement in employee health and morale.
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10/18/12
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73
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ADA doesn't cover operator's illegal Vicodin use
According to this court, the ADA's definition of an employee with a disability does not include an individual engaging in the illegal misuse of prescription painkillers.
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10/18/12
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74
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Doctor's opinion that injury was minor curbs claim for PTD benefits
In Nebraska, evidence that a worker could return to gainful employment in a light-duty position will prevent a finding of total disability under the odd-lot doctrine.
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10/15/12
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75
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Ability to perform physical activities erases benefits outside schedule
In Alabama, a worker's injury to a scheduled member can be compensated outside the schedule if the pain from the injury is "virtually totally" physically disabling.
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10/11/12
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76
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Sitter's independent contractor status undermines benefits
In Louisiana, a person injured while performing services arising out of and incidental to her own employment in the course of her own trade, business, or occupation should seek benefits from her own workers' compensation provider.
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10/08/12
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77
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Inconsistent testimony, gaps in medical treatment block claim for benefits
In New York, where the evidentiary record contains many discrepancies, along with lengthy, intermittent gaps in his medical treatment, the worker failed to prove he sustained an accidental injury in the course of his employment.
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10/08/12
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78
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Untimely notice topples lineman's claim for benefits
In Minnesota, a worker is required to provide his employer with written notice of his injury or the employer must have actual knowledge of the injury within 180 days of the injury.
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10/04/12
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79
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Nurse's injury from handbag doesn't lead to comp
In Virginia, workers who bring their personal tools to work with their employer's knowledge, encouragement, or acquiescence may have compensable claims if the tools injure them.
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10/04/12
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80
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Metabolites contradict worker's marijuana use story
In Louisiana, an employer does not have to pay workers' compensation benefits if the injury was caused by the worker's intoxication.
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10/01/12
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