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Store employee awarded benefits for wipeout in mall parking lot
2012-02-06
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.


Inability to work due to work-related injury alone curbs nurse's claim
2012-02-02
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."


Worker's failure to file comp claim foils suit
2012-02-02
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.


Positive marijuana test after unexplained fall blocks benefits
2012-02-02
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.


2 years of regular employment show employer-employee relationship
2012-01-30
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.


Video evidence boots detective's limitations arguments
2012-01-30
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.


Misrepresentation of prior injuries doesn't topple claim
2012-01-30
In Nebraska, a misrepresentation defense is not available to employers when a worker misrepresents her work-related injury history on a preemployment questionnaire.


Child welfare worker wins benefits for injuries in workplace restroom
2012-01-26
In Illinois, a worker's injuries arise out of her employment if her employment was a contributing factor in the accident.


Chiropractors successfully nullify IME law as unconstitutional
2012-01-26
In Oklahoma, laws that exclude physicians other than medical doctors or doctors of osteopathy, including the definition of "qualified independent medical examiner" are unconstitutional.


Executive's failure to log appointment nixes benefits for carjacking
2012-01-26
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.


Depression after business failure doesn't warrant benefits
2012-01-23
In New Hampshire, a mental injury for a business failure taken in good faith is not compensable.


Texas: Explanation of benefits gets rewrite
2012-01-23
The Division of Workers' Compensation proposed amendments to rules regarding general medical provisions and preauthorization, concurrent utilization review, and voluntary certification of health care.


Worker wins benefits after dog incident causes surgery failure
2012-01-23
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.


Instructions, deadline given to worker don't reveal employment relationship
2012-01-19
In Ohio, a company setting a deadline for a worker does not suggest that the worker is an employee.


Coach's concurrent employment increases average weekly wage
2012-01-19
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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