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Back pain before work accident undermines benefits claim
2012-05-17
In Louisiana, a worker is entitled to a presumption that his disability was caused by the work-related accident if he was in good health before the accident but afterward began having symptoms which continuously manifested.


Custodian can't prove employment caused his wipeout
2012-05-17
In Florida, a worker's failure to pinpoint why or where he fell at work can make it difficult for him to show that his employment caused his injuries.


OWCP seeking comments on black lung benefits
2012-05-14
The Office of Workers' Compensation Programs proposed amendments to regulations implementing amendments to the Black Lung Benefits Act made by the Patient Protection and Affordable Care Act.


Employer's reckless conduct doesn't support injury suit
2012-05-14
In New Jersey, an employer's negligence or recklessness will not bring a worker's claim for his injuries outside the exclusive remedy of workers' compensation.


Investigator shows causation through timing of symptoms
2012-05-14
Tennessee law created a rebuttable presumption that heart disease or hypertension suffered by a law enforcement officer is caused by his employment. Once the statutory presumption is overcome, the officer must prove causation.


Roof bolter not required to obtain prior authorization for psych evaluation
2012-05-10
In West Virginia, an injured worker is not required to obtain prior authorization from a claims administrator before seeking an initial psychiatric consultation.


Officer shows fall on stairs contributed or caused back injury
2012-05-10
In North Carolina, where a back injury arises out of the course of employment and is the direct result of a specific traumatic incident, an "injury by accident" includes any disabling physical injury arising out of and causally related to the incident.


Work-related surgery leads to brain injury, vegetative state
2012-05-10
In Ohio, clinical data showing a loss of 100 percent is not required for an award of scheduled loss benefits for a total loss of vision or hearing.


Benefits granted to driller for accident on way home from work
2012-05-07
In Kansas, the inherent travel exception to the going and coming rule is a method to determine whether a worker already assumed the duties of employment when he was going to or returning from work.


Benefits blocked for inspector after scuffle with home intruder
2012-05-07
In North Carolina, a worker's inconsistent statements about his injury and the alleged work incident can undermine compensability.


Company commits multiple violations in failing to pay for prescriptions
2012-05-07
In Louisiana, an employer's failure to pay an injured worker for prescription medications on multiple occasions will result in an assessment of multiple penalties, up to the statutory maximum of $8,000.


Commission must consider access to labor market at time of hearing
2012-05-03
In Idaho, the commission must consider the worker's access to the local labor market at the time of the hearing in determining the worker's disability.


Provider's lack of documentation supports finding of excessive fees
2012-05-03
In Kansas, a medical provider who uses a flawed method of assigning billing codes and lacks supporting documentation can be found to have charged excessive fees.


South Carolina: Commission schedules hearing on oral argument
2012-05-03
The Workers' Compensation Commission approved the language to a proposed regulation on oral arguments.


Arizona: Deadline for submitting comments approaching quickly
2012-05-03
The Industrial Commission held a hearing on the 2012 physicians' and pharmaceutical fee schedule on April 25.

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