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Longshoreman's removal from work list doesn't establish pretext
2012-04-16
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According to this court, the proper venue for resolving a dispute about a worker's medical condition and his ability to return to work is through his workers' compensation claim.
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Comp nixed for emphysema not aggravated by smoke inhalation
2012-04-12
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In Tennessee, in order for an aggravation of a preexisting condition to be compensable, the aggravation must advance the severity of the preexisting condition or cause a worker to suffer a new, distinct injury.
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Worker's misrepresentations don't add up to valid fraud defense
2012-04-12
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In Florida, a worker's misrepresentations about his medical condition and workers' compensation claim history on a medical questionnaire to obtain employment in order to pay overdue bills does not support an employer's fraud defense.
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Preexisting arthritis doesn't preclude comp for fall from ladder
2012-04-12
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In Kansas, a worker's impairment rating is not required to be reduced for a preexisting impairment if no evidence shows that the preexisting condition was symptomatic before the work-related injury.
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Suit barred despite employer's failure to provide medical care
2012-04-09
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In Texas, the exclusive remedy provision applies and bars claims of negligence even in cases where the employer fails to provide a worker with notice of the availability of workers' compensation benefits.
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Light-duty work 387 miles from home not 'suitable'
2012-04-09
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In Iowa, the distance of available work from an injured worker's home may be considered in determining whether an employer offered "suitable work."
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South Carolina: Commission issues proposed reg on mediation
2012-04-09
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The Workers' Compensation Commission proposed a new regulation regarding mediation to resolve disputes without a hearing.
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Illinois: Comment period for fee schedule amendments draws near
2012-04-05
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The Workers' Compensation Commission proposed amendments to the medical fee schedule.
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Widow entitled to benefits based on wages at voluntary retirement
2012-04-05
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In Washington, when a worker's occupational disease manifests itself during voluntary retirement and he subsequently dies due to the disease, survivor benefits are based on the worker's wages at the time of his retirement.
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Ohio: Bureau spells out provider credentialing criteria
2012-04-05
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The Bureau of Workers' Compensation proposed changes to a rule regarding the health partnership program provider credentialing criteria.
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Employer penalized for failing to provide medical review
2012-04-02
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In Colorado, an employer's failure to provide medical review is a continuing violation subject to a daily penalty.
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Unknown cause of worker's death foils claim for benefits
2012-04-02
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In Ohio, a doctor's inability to pinpoint a cause of death with a reasonable degree of medical certainty will impede a claim for death benefits.
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California: More participants to be allowed to e-file
2012-04-02
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The Division of Workers' Compensation changed the rules of its e-forms trial to open the electronic filing method to more participants.
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Control over worker determines which employer is liable
2012-03-29
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In Virginia, when a worker has two employers, the one who controls the worker's actions and whose work he is performing should be responsible for providing workers' compensation for his injuries.
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Employer's policy fails to demonstrate intentional misconduct
2012-03-29
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In North Carolina, an exception to the exclusive remedy provision of workers' compensation arises when an employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to a worker.
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Arkansas: Commission addresses one-time change of physician
2012-03-29
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The Workers' Compensation Commission issued an advisory regarding a worker's change of physician.
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