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Recommendation for surgery before work injury undermines claim
2012-09-06
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In Kansas, evidence that pain from a preexisting condition exists independent of a work-related injury does not support compensation for an aggravation of the preexisting condition.
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Widow fails to prove worker's injuries caused death
2012-09-06
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In Florida, conditions caused by a work-related injury that develop after the original work accident can be compensable if causation is established.
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Occupational disease caused by chemicals secures benefits for estate
2012-09-04
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In North Carolina, medical opinions based on a reasonable amount of medical certainty that a worker's cancer was causally related to her exposure to chemicals at work support an occupational disease claim.
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Co-volunteer firefighter not immune from suit for volunteer's injury
2012-09-04
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In Louisiana, workers' compensation does not provide immunity from a lawsuit to a co-volunteer firefighter.
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Ohio: Commission addresses payment for attorney's fees
2012-09-04
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The Industrial Commission proposed amendments to a rule regarding lump-sum payments for attorney's fees.
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Tribe's sovereign immunity does not save insurer from comp claim
2012-08-30
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In Oklahoma, a workers' compensation insurer cannot enjoy an Indian tribe's workers' compensation immunity and is estopped from denying coverage under a policy for which it accepted premiums computed in part on a worker's earnings.
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Teacher's roller skating accident lands permanent partial disability benefits
2012-08-30
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In Iowa, the functional impairment and disability resulting from a scheduled loss should not be based on any anticipated deterioration of function that may occur in the future.
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Processor fails to connect psychiatric injury, stress to her work
2012-08-30
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In New Jersey, to establish a compensable psychiatric claim, a worker must prove that her disability resulted from objectively verified work-related stress.
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Technician fails to link knee condition to workplace fall
2012-08-27
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In Virginia, an injured worker has the burden of proving a causal connection between the workplace accident and his injury.
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Certified nursing assistant's surgeon prevails in battle of the experts
2012-08-27
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In South Dakota, the opinion of an examining physician should be given substantial weight when compared to the opinion of a doctor who only reviewed the worker's medical records.
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Ohio: Rule should specify job offer for temporary disability
2012-08-27
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The Industrial Commission proposed amendments to a rule regarding temporary disability.
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Payment for lost wages doesn't trigger cap on temporary disability
2012-08-23
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In California, a payment to an injured worker for lost wages while he attended a qualified medical examination does not trigger the cap on temporary disability benefits.
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Congenital abnormalities undermine builder's claim
2012-08-23
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In Tennessee, evidence that congenital abnormalities caused a worker's pain will undermine his claim for benefits.
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Personal nature of plumber's assault clogs claim for benefits
2012-08-23
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In Illinois, a workplace assault may be compensable if the origin of the altercation was work-related.
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Suit against company not barred by comp award from second employer
2012-08-20
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In Missouri, a worker or his dependents may sue an employer who fails to secure workers' compensation insurance.
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Constitutionality challenges to cessation of disability benefits fall flat
2012-08-20
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In Florida, workers older than 70 lose PTD benefits after five years. This provision is constitutionally valid and is not age discrimination.
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