|
|
|
|
|
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.
|
|