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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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Video evidence boots detective's limitations arguments
2012-01-30
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Under the ADA of 1990, video evidence showing a worker carrying furniture and doing yardwork may contradict an argument that the worker is an individual with a disability.
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Misrepresentation of prior injuries doesn't topple claim
2012-01-30
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In Nebraska, a misrepresentation defense is not available to employers when a worker misrepresents her work-related injury history on a preemployment questionnaire.
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Child welfare worker wins benefits for injuries in workplace restroom
2012-01-26
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In Illinois, a worker's injuries arise out of her employment if her employment was a contributing factor in the accident.
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Chiropractors successfully nullify IME law as unconstitutional
2012-01-26
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In Oklahoma, laws that exclude physicians other than medical doctors or doctors of osteopathy, including the definition of "qualified independent medical examiner" are unconstitutional.
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Executive's failure to log appointment nixes benefits for carjacking
2012-01-26
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In New Jersey, evidence that an employee was not engaged in work when he was assaulted by a carjacker will undermine his claim that the incident arose out of and in the course of his employment.
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Depression after business failure doesn't warrant benefits
2012-01-23
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In New Hampshire, a mental injury for a business failure taken in good faith is not compensable.
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Texas: Explanation of benefits gets rewrite
2012-01-23
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The Division of Workers' Compensation proposed amendments to rules regarding general medical provisions and preauthorization, concurrent utilization review, and voluntary certification of health care.
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Worker wins benefits after dog incident causes surgery failure
2012-01-23
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In Tennessee, a worker's reinjury is not compensable when it is the result of an independent, intervening cause attributable to the worker's conduct.
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Instructions, deadline given to worker don't reveal employment relationship
2012-01-19
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In Ohio, a company setting a deadline for a worker does not suggest that the worker is an employee.
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Coach's concurrent employment increases average weekly wage
2012-01-19
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In Kentucky, if a worker's supervisor has knowledge of her concurrent employment, her AWW should include her wages from the second job.
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