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Worker's accident while driving to work fails to add up to special mission
2012-03-12
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In Texas, evidence that a worker was on a special mission for the employer can help establish that a worker was in the course and scope of his employment.
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Millwright's physical improvement nixes increase in benefits
2012-03-08
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In Idaho, an injured worker alleging a change in condition must show an increased level of impairment.
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Hunting operation does not qualify as agricultural employer
2012-03-08
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In Utah, an employer is not considered an agricultural employer if his operations do not include feeding, harvesting, or management of wildlife.
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Teacher's failure to show prosthesis was replaced blocks benefits
2012-03-08
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In Virginia, when a prosthesis is removed but not replaced during surgery, the 24-month limitations period for the review of an award does not apply.
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Client company's workers' comp policy bars lawsuit brought by parents
2012-03-05
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In Texas, the exclusive remedy provision bars claims by a temporary worker against a client company if the client company shows that it was the worker's employer and that it subscribed to workers' compensation insurance.
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Unemployment benefits don't waive benefits for permanent total disability
2012-03-05
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In Alabama, an injured worker receiving unemployment compensation can be entitled to PTD benefits for the same time period.
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Officer strikes out in attempt to receive benefits for injuries from softball game
2012-03-05
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In New York, a worker is not entitled to compensation for injuries occurring in an off-duty, voluntary employee athletic activity that was not part of her work-related duties and not sponsored by her employer.
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Company's failure to have spotter for excavator boosts worker's benefits
2012-03-01
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In California, a construction company's failure to provide a spotter to help direct the movement of construction equipment may amount to serious and willful misconduct that will entitle an injured worker to increased benefits.
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Officer's medical records support earlier diagnosis, make claim untimely
2012-03-01
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In Connecticut, a worker has one year to file a claim for hypertension. Notations in the medical records of a history of hypertension and a prescription for antihypertensive medications show that the worker had knowledge that he suffered from hypertension.
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Raised chair without safety bar creates hazard for officer
2012-03-01
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In Virginia, an injury arises out of the employment when a worker shows that a condition of his workplace caused or contributed to his injury.
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Server's Xanax, marijuana use don't preclude benefits
2012-02-27
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In Louisiana, a worker can be found to be intoxicated by a drug for which she has a valid prescription.
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Drinking alcohol, nap during work topple compensability for painter's fall
2012-02-27
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In Utah, an injury occurs during the course of employment when the worker is injured while fulfilling his work duties or engaged in doing something incidental to his employment.
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Fatal comfort break on side of the road is covered by comp
2012-02-27
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In Florida, a worker's decision to pull his vehicle over to a narrow shoulder during a business-related road trip to urinate falls within the personal comfort doctrine.
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Officer's misrepresentations justify disqualification of past, future benefits
2012-02-23
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In New York, a worker's serious misrepresentation of his disability to the carrier's doctor in contrast to video evidence warrants disqualifying him from past and future indemnity benefits.
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Nurse scores comp for 'unusual' hernias resulting from same incident
2012-02-23
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In Tennessee, for a hernia to be compensable, the worker must show it was caused by an incident at work, it appeared suddenly accompanied by pain immediately following the incident, and it did not exist prior to the incident.
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Driver's post-traumatic stress disorder after accident not compensable
2012-02-23
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In Ohio, a psychiatric condition can be compensable if it results from a compensable physical injury.
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