|
|
|
|
|
Comp prevents birth defects suit for worker's son
2011-11-28
|
In Texas, the exclusivity provision bars a suit claiming that injuries to a worker's child were caused by the worker's exposure to toxic substances in the workplace.
|
|
|
Worker's goose call sideline doesn't block benefits
2011-11-28
|
In Louisiana, an employer asserting that a worker committed fraud by working while collecting benefits must show the worker was earning money and was capable of performing work.
|
|
|
Reimbursement for truck used only for work not included in AWW
2011-11-21
|
In Kansas, the monetary value of the use of a company truck is not included in a worker's average weekly wage if it was only used for work and he only received reimbursement for work-related expenses for the truck.
|
|
|
Worker's hire by authorized employee doesn't block temporary benefits
2011-11-21
|
In North Carolina, a worker may be considered an employee of an employer even if the individual who hired the worker was not authorized to do so.
|
|
|
Conflicts in testimony stomp out custodian's claim for ant bites
2011-11-21
|
In Louisiana, a worker's testimony alone may be sufficient to prove the occurrence of an unwitnessed incident if the testimony is corroborated by the circumstances after the alleged incident.
|
|
|
Texas: Deadline for comments on income benefits fast approaching
2011-11-17
|
The Division of Workers' Compensation proposed amendments to rules relating to the procedures insurance carriers and injured workers must follow when resolving an overpayment or underpayment of income benefits.
|
|
|
Past recreational horseback riding reveals personal mission
2011-11-17
|
In Tennessee, evidence showing that a worker was injured while in the course of a personal mission will block benefits for the worker.
|
|
|
Worker fails to connect injuries to coworker altercation
2011-11-17
|
In Alaska, a preexisting back condition and a lack of complaints or evidence of home treatment will support a conclusion that a worker's pain was not caused by a work-related incident.
|
|
|
Failure to notify employer, doctors of work-related fall topples benefits
2011-11-14
|
In Mississippi, a worker is not entitled to benefits if the employer testifies that it never received notice of an injury and the worker initially failed to inform her medical providers of her work-related injury.
|
|
|
Checking on dogs, jumping fence not in course of employment
2011-11-14
|
In Arizona, an injury arising out of personal comfort must still be connected to the employment.
|
|
|
Maximum medical improvement does not foreclose benefits
2011-11-14
|
In Colorado, a worker who did not challenge a determination that she reached MMI of her work-related injury in an open case may be able to obtain TTD benefits when she experienced a worsening of her original injury.
|
|
|
Benefits increased for newly promoted manager
2011-11-10
|
In Nevada, if a worker changed jobs when she was injured and no 12-week or four-week history of earnings is available for the new job, a finding of her primary job at the time of the accident is needed to calculate her average monthly wage.
|
|
|
Injuries from repossession of vehicle at work parking lot not compensable
2011-11-10
|
In Florida, injuries are not compensable if the risk giving rise to the injury is personal in nature.
|
|
|
Technician proves compensability of altercation with coworker
2011-11-10
|
In New York, altercations between coworkers generally are considered compensable, regardless of fault, if the injury arises out of a clash over work-related differences.
|
|
|
Police chief wins benefits for neck injury despite past job as bull rider
2011-11-07
|
In Missouri, where the work nexus is clear, the worker is not required to show that he would have been equally exposed to the risk in everyday life.
|
|