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Agreement with employment agency exposes county to potential liability
2013-04-08
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In North Carolina, the special employment doctrine does not apply when a contract between a temporary staffing agency and its client states that employees of the agency are not employees of the county.
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Operator's accident during morning drive isn't compensable
2013-04-08
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In New Jersey, the special mission exception to the going and coming rule allows compensation for workers required to be away from the conventional place of employment if engaged in the direct performance of employment duties.
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CNA's job abandonment doesn't block permanent partial disability benefits
2013-04-08
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In Kansas, an injured worker is not required to make a good-faith effort to seek postinjury employment to mitigate an employer's liability for benefits.
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Mechanic fails to link work incident with hearing loss, tinnitus
2013-04-08
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In Missouri, traumatic hearing loss must meet a minimum threshold for the work accident to be considered a prevailing factor in causing a compensable injury or compensable permanent disability.
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Operator's physical restrictions, limited education warrant benefits
2013-04-08
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In Louisiana, before a worker is found to be permanently and totally disabled, it must be determined whether there is reasonable probability that the worker can be rehabilitated so he can achieve suitable gainful employment.
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Operator's walking uphill at work connected to cardiac arrest
2013-04-01
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In Tennessee, an employer is liable for a preexisting condition aggravated by a work-related injury.
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Paying benefits for 2 years doesn't make injuries permanent
2013-04-01
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In Delaware, when determining whether a worker was permanently injured, it must be decided whether he suffered a permanent loss of use of a member or part of his body and whether the loss of use was caused by a work accident.
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Intoxication from employer-provided alcohol doesn't bar benefits
2013-04-01
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In North Carolina, a worker is not barred from receiving compensation for an injury proximately caused by intoxication when the alcohol was supplied by the employer.
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Worker fails to link post-traumatic stress disorder with harassment
2013-04-01
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In Indiana, intentional harassment that gives rise to an accidental injury at work can be compensable, but the fact that an injury happens at work does not automatically render it compensable.
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Comp covers director's injuries while driving from work to store
2013-04-01
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In Illinois, a worker can be entitled to workers' compensation for injuries sustained in a car accident if she was on a work-related trip to a store.
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Impairment rating entitles worker to supplemental income benefits
2013-03-25
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In Texas, a worker is entitled to receive supplemental income benefits if he has an impairment rating of 15 percent or greater.
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Comp denied for firefighter's PTSD unaccompanied by physical injury
2013-03-25
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In Oklahoma, an injured worker who suffers from post-traumatic stress disorder and depression as a result of a work incident is not entitled to benefits unless he also suffered a physical injury in the incident.
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Incomplete medical history undermines expert's opinion
2013-03-25
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In Kentucky, the failure of a medical expert to receive an adequate patient history can lead to the expert's opinion being rejected.
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Worker's aptitude for learning, supervisory experience derail benefits
2013-03-25
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In Ohio, age alone cannot be a basis for granting permanent total disability benefits.
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Benefits awarded for nurse's stumble on sidewalk
2013-03-25
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In Indiana, unexplained falls are the result of a neutral risk and are therefore compensable.
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