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Nurse's inability to do desk work secure temporary benefits
2013-04-29
In Connecticut, the evaluation of whether a worker is totally disabled is a holistic evaluation of work capacity rather than a medical determination.


Lack of causation between operator's work, death nix widow's benefits
2013-04-18
In Tennessee, a medical expert's opinion can be discredited if it conflicts with autopsy findings and a worker's other medical records.


Undocumented alien wins permanent benefits despite work ineligibility
2013-04-18
In Nebraska, illegal aliens can be entitled to PTD benefits for work-related injuries.


Benefits blocked due to failure to show plaque rupture occurred at work
2013-04-18
In Idaho, a worker will not be entitled to benefits for a heart attack if his doctor cannot determine whether the heart attack was triggered by events occurring before or after he arrived at work.


Worker entitled to additional retraining benefits to obtain bachelor's degree
2013-04-18
In Wisconsin, an injured worker will not be entitled to vocational rehabilitation benefits beyond 80 weeks if the primary purpose of further training is to improve upon preinjury earning capacity rather than restore it.


Hauler's injury in preparation for work trip falls outside his employment
2013-04-18
In Illinois, a worker's acts in preparation for a work-related trip prior to leaving his home are not within the course of employment, as the worker's work-related travel has not yet begun.


Medical evidence indicating complaints before work accident foils benefits
2013-04-15
In Louisiana, evidence that a worker sought treatment for pain one month before the alleged work-related accident will make it difficult for the worker to show a causal relationship between the work incident and her injury.


Religious corporation must provide comp coverage to members
2013-04-15
In Montana, a religious corporation engaging in commercial activities can be considered an employer required to obtain workers' compensation insurance.


Hospital clerk wins benefits for PTSD resulting from hostage incident
2013-04-15
In Ohio, an injured worker does not have to show that a physical injury was the sole cause of her PTSD in order for her to receive compensation for the condition.


Benefits denied for bariatric surgery, granted for family therapy
2013-04-15
In Iowa, an employer is not required to pay for unauthorized care unless the worker shows that the care was reasonable and beneficial.


Library monitor can't connect work stress to heart condition
2013-04-15
In New York, where neither of a worker's treating doctors opine that his myocardial infarction was likely to have been caused by work-related stress, there is insufficient medical evidence to find a causal relationship between the worker's employment and his injury.


Agreement with employment agency exposes county to potential liability
2013-04-08
In North Carolina, the special employment doctrine does not apply when a contract between a temporary staffing agency and its client states that employees of the agency are not employees of the county.


Operator's accident during morning drive isn't compensable
2013-04-08
In New Jersey, the special mission exception to the going and coming rule allows compensation for workers required to be away from the conventional place of employment if engaged in the direct performance of employment duties.


CNA's job abandonment doesn't block permanent partial disability benefits
2013-04-08
In Kansas, an injured worker is not required to make a good-faith effort to seek postinjury employment to mitigate an employer's liability for benefits.


Mechanic fails to link work incident with hearing loss, tinnitus
2013-04-08
In Missouri, traumatic hearing loss must meet a minimum threshold for the work accident to be considered a prevailing factor in causing a compensable injury or compensable permanent disability.


Operator's physical restrictions, limited education warrant benefits
2013-04-08
In Louisiana, before a worker is found to be permanently and totally disabled, it must be determined whether there is reasonable probability that the worker can be rehabilitated so he can achieve suitable gainful employment.

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