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Comp covers cashier injuries caused by out of control vehicle
2012-02-16
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In Illinois, the location of a worker within the building where she performs her work duties can expose her to a greater risk of injury than the general public.
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Company's 100 percent healed policy passes muster under old ADA
2012-02-13
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Under the ADA of 1990, a 100 percent healed policy is per se discrimination only where the employee has an ADA-defined disability. The ADA of 1990 applies to disability discrimination cases arising before Jan. 1, 2009.
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Benefits allowed for custodian's injury while trying to stop rolling car
2012-02-13
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In Georgia, a worker's injury while instinctively responding to a dangerous situation while on duty and performing a work-related task benefitting her employer is compensable.
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Lack of significant relationship to Connecticut foils claim
2012-02-13
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A worker must show a significant relationship between Connecticut and either the employment contract or the employment relationship.
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17-year gap in treatment undermines causation for aggravation of injury
2012-02-09
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In Wyoming, a long gap in seeking treatment for an injury makes it difficult to prove a work-related aggravation of a congenital defect occurred.
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Widow wins benefits for death caused by prescribed methadone
2012-02-09
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In North Carolina, death benefits are available when the toxic buildup of medication prescribed to manage an injured worker's pain resulting from a compensable injury contributed to his death.
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Firefighter secures benefits for trimming wisteria at home
2012-02-09
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In California, a worker's injury that occurs while performing a personal chore that is also benefitting his employer is compensable under the dual purpose rule.
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Insurer's de facto denial of symptom doesn't trigger penalties, fees
2012-02-06
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In Oregon, if an injured worker expressly requests acceptance of a condition that the insurer believes is actually a symptom, the insurer has an obligation to process the claim by accepting or denying it.
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Independent contractor status halts benefits for horse rider
2012-02-06
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In Kentucky, a horse trainer is not required to provide workers' compensation coverage for an exercise rider who is not an employee.
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Washington: DLI considers rule change for health care services
2012-02-06
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The Department of Labor and Industries issued a preproposal statement of inquiry regarding rules on conversion factors, physical therapy, occupational therapy, and medical aid.
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Store employee awarded benefits for wipeout in mall parking lot
2012-02-06
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In Florida, an accident is compensable when an employer creates an increased risk of injury because of a hazard on the route a worker customarily and necessarily uses to exit from work.
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Inability to work due to work-related injury alone curbs nurse's claim
2012-02-02
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In Missouri, to trigger liability of the second injury fund, a worker must show that his preexisting disability "represented an obstacle or hindrance to his ability to work."
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Worker's failure to file comp claim foils suit
2012-02-02
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In Alaska, a municipality can be considered a "project owner" that is required to pay benefits to an injured worker if the worker's employer is a contractor that failed to secure the payments.
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Positive marijuana test after unexplained fall blocks benefits
2012-02-02
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In Tennessee, a worker's positive test for drug use after an unexplained fall shows that the worker's intoxication was the proximate cause of his injuries.
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2 years of regular employment show employer-employee relationship
2012-01-30
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In North Carolina, an employer-employee relationship can exist when the worker is regularly employed by the employer, the worker is paid by the hour, and the employer provides the tools for the job.
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