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Stressful encounter not enough to deliver benefits
2012-06-25
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In Illinois, where a worker alleges a mental disability due to a nonphysical trauma, she must show that the psychological injury was caused by a sudden severe emotional shock.
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Store manager's stress from accusation of theft falls under comp
2012-06-25
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In Hawaii, the exclusive remedy provision of workers' compensation will bar suits based on the personal injuries a worker suffered arising out of and in the course of her employment.
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Low-impact collision shouldn't block access to chiropractor
2012-06-25
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In Louisiana, an employer's failure to authorize medical care for a worker otherwise eligible to receive workers' compensation triggers penalties.
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Worker's arguments fail to increase payment to out-of-state provider
2012-06-21
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In Minnesota, an in-state employer's workers' compensation liability to an out-of-state medical provider is set at the amount provided in the workers' compensation schedule in the state where the provider is located.
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Final assent to employment in state allows Oklahoma to hear claim
2012-06-21
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Oklahoma has jurisdiction over a workers' compensation claim if the worker gave his final assent to employment within Oklahoma.
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Benefits denied for knee injury after step down from trash truck
2012-06-21
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In Virginia, an inconclusive medical opinion can prevent a worker from showing that his injury arose out of his employment.
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Comments, investigation don't create inference of discriminatory intent
2012-06-18
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In the absence of direct evidence under the Americans with Disabilities Act, an employee must offer circumstantial evidence from which an inference of discriminatory intent can be drawn.
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Self-insurer guaranty association not entitled to reimbursement
2012-06-18
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In Mississippi, the insurance guaranty association is not obligated to step in for an insolvent insurer and reimburse the self-insurer guaranty association for payments it made to an injured worker on behalf of his insolvent self-insured employer.
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Comp awarded for accident during trip home to retrieve work access card
2012-06-18
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In Nebraska, an injury arises in the course of employment when it takes place within the period of the employment, at a place where the worker reasonably may be, and while the worker is fulfilling work duties or doing something incidental to his work duties.
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Officer can't prove misdiagnosis created exception to time frame
2012-06-11
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In Connecticut, to fall under the medical care exception to the one-year statute of limitations, a worker must prove that the employer previously furnished care for the specific condition in the claim filed past the statute of limitations or that the condition was causally related to a timely reported incident for which the employer furnished medical care.
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Worker swims away with compensation for pool therapy
2012-06-11
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In Virginia, if an injured worker's treating physician prescribed specific medical treatment, the employer must show that the treatment is unreasonable or unnecessary in order to deny compensation.
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Worker fails to persuade court to adopt positional risk doctrine
2012-06-11
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In North Dakota, the positional risk doctrine is not applicable to workers' compensation cases because it is inconsistent with a statute that requires workers to prove a causal connection between their employment and injury.
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Attorney's status as boss means employer knew of injury
2012-06-11
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In Arkansas, an injured worker is required to give notice of his injury to his employer. A self-employed worker is not required to provide notice of his injury to the insurer.
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Corrections officer fails to secure benefits for cardiac myocarditis
2012-06-11
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In Florida, an employer can rebut the presumption of compensability for correctional officers suffering from heart disease with evidence of a nonindustrial cause of the officer's condition.
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Employer authorized to select second treating physician after first retired
2012-06-07
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In Iowa, after the retirement of a worker's authorized treating physician, the employer is permitted to select another treating physician.
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Washington: DLI seeks to skip hearings on two rules, asks for objections
2012-06-07
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The Department of Labor and Industries proposed amendments to cylinder and electrical rules.
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