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Comp doesn't cover ski instructor's wipeout on slope while going over jump
2012-10-29
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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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Machinist's abandonment of light-duty job precludes temporary total benefits
2012-10-25
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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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CDC modifies list of conditions for World Trade Center program
2012-10-25
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The Centers for Disease Control and Prevention amended the World Trade Center health program regulations to add certain types of cancer to the list of covered health conditions.
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First insurer liable for cleaner's aggravation of knee injury from fall
2012-10-25
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In Utah, an employer's previous insurer can be liable for a worker's benefits even if it was not the insurer at the time of the injury.
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Washington: Department to hold hearings around state on rates
2012-10-22
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The Department of Labor and Industries proposed no increase in the average rate for workers' compensation insurance.
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Timely notice provided to employer after physician's diagnosis
2012-10-22
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In Kentucky, a worker is generally not required to provide notice of a gradual injury or cumulative trauma until a physician diagnoses a gradual, work-related injury.
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7-year gap, intervening accidents nix comp for neck injury
2012-10-22
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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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ADA doesn't cover operator's illegal Vicodin use
2012-10-18
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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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Specialist's attempt to obtain benefits for hula hoop injury falls flat
2012-10-18
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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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Comp doesn't include deduction of wages from concurrent employer
2012-10-18
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In North Carolina, an employer cannot deduct wages earned by a concurrent employer in calculating partial disability benefits.
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Indiana claim not barred by Wisconsin settlement for accident
2012-10-15
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In Indiana, a worker's receipt of workers' compensation benefits in another state as the result of a negotiated settlement agreement, rather than a unilateral, voluntary payment does not automatically prevent his receipt of Indiana benefits.
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Doctor's opinion that injury was minor curbs claim for PTD benefits
2012-10-15
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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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Maryland: Commission focuses on average weekly wage amendments
2012-10-15
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The Workers' Compensation Commission proposed an amendment to a rule regarding the procedure and timeline for determining the average weekly wage.
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Penalties don't apply to award paid by second injury fund
2012-10-11
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In Missouri, an employer is not required to pay a penalty on benefits provided by the second injury fund.
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Ability to perform physical activities erases benefits outside schedule
2012-10-11
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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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