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Workers' Compensation Current Regulatory/Legal Updates
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Worker's immigration status doesn't prevent award of benefits
2013-05-21
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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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Jail inmate not considered employee while working as a cook
2013-05-21
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In California, inmates in a county jail who work in the jail are not considered employees of the county entitled to workers' compensation.
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Location of injury used to determine loss of earning capacity
2013-05-21
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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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Worker's contradictory statements block establishment of claim
2013-05-21
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In New York, where the worker's sworn statements contradict the history of the accident that she provided to her treating doctor, the doctor's opinion on causation cannot be considered.
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Comp allowed for driver's accident while stopping for bathroom break
2013-05-21
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In Arkansas, a worker's restroom break during work hours is a necessary function that advances an employer's interests.
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More Regulatory/Legal Updates
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Salary continuation benefits count toward 104-week limit of benefits
2013-05-13
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In California, an injured public safety officer's salary continuation benefits count toward the 104-week limit on payments for an injury causing temporary disability.
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Hospital worker proves need for knee replacement related to work incident
2013-05-13
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In Arkansas, an aggravation of a preexisting, noncompensable condition by a compensable injury is compensable.
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Officer can't show taser training injury was intentional
2013-05-13
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In Montana, an employee is permitted to sue his employer for his injury if he was intentionally injured by the employer or a coworker while performing the duties of his employment.
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Ability to perform new job leads to application of two times multiplier
2013-05-13
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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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Aggravation of depression that is disabling warrants modifying award
2013-05-13
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In Nebraska, an injured worker is not required to reach maximum medical improvement before she can modify an award.
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Comp doesn't cover accident while driving company truck to work site
2013-05-06
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In Michigan, the fact that the injured worker is an integral part of the employer's business does not render his travel to and from work within the course of employment.
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Nurse can choose physician due to denial of compensability
2013-05-06
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In Nebraska, a worker can choose her physician if compensability is denied.
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Comp denied for sergeant's wipeout during personal errand
2013-05-06
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In Louisiana, an accident occurs in the course of employment when the worker is injured while actively engaged in the performance of his duties during work hours on the employer's premises or at other places where employment activities take the worker.
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Worker connects injuries with fall at work rather than incident at home
2013-05-06
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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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Personal assistant's intoxication bars benefits for her fall at work
2013-05-06
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In New York, an employer is not liable for compensation when the injury was solely occasioned by intoxication from alcohol of the injured worker while on duty.
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