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Subrogee's claim saved by 6-year deadline for liability created by statute
2011-10-27
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In Ohio, a claim brought by a statutory subrogee to recover its subrogation interest is subject to a six-year statute of limitations.
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Mesothelioma suit allowed to continue in court
2011-10-27
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In Missouri, the workers' compensation exclusivity provision does not apply to occupational disease claims.
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Recovery from employer, third party in suit bars claim for benefits
2011-10-27
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In South Carolina, if an injured worker simultaneously pursues a third-party action and a workers' compensation claim, he must give the employer notice of the suit.
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Investigator fails to show confrontation caused compensable anxiety
2011-10-27
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In New York, a claim for work-related stress will not succeed without showing that the stress experienced by the worker was greater than that which other similarly situated workers experience in the normal work environment.
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Tennessee: Registration fee on the table at hearing
2011-10-24
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The Division of Business Services proposed to amend a rule on workers' compensation exemption registration.
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Housing, utilities, car allowance considered remuneration
2011-10-24
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In California, determining whether fuel, lodging, and meals are remuneration requires an analysis of whether they were provided in exchange for services, whether they are an advantage to the worker, and whether they are provided to the worker only while he is performing employment duties.
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Officer wins benefits for injuries sustained while confronting shoplifter
2011-10-24
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In Florida, a worker's injuries are not the result of an intentional exposure to a risk that was certain to cause injury when the worker previously engaged in the behavior that resulted in the injury without incident.
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New York: Comments on recording hearings being accepted
2011-10-24
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The Workers' Compensation Board proposed amendments to rules regarding hearings before the board.
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Washington: Six premium rate hearings scheduled
2011-10-20
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The Department of Labor and Industries proposed a 2.5 percent average increase to workers' compensation premium rates.
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Oregon: Medical fees subject of proposed amendments, meeting
2011-10-20
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The Workers' Compensation Division proposed amendments to rules regarding medical fee and payment, medical services, managed care organizations, and claim closure and reconsideration.
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Insurer's contractual right shows it is not creditor
2011-10-20
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In Idaho, a medical insurer is a subrogee and is entitled to its right of subrogation against compensation the worker received from a third party.
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Surveillance video, exaggeration of symptoms fails to demonstrate fraud
2011-10-20
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In Louisiana, video surveillance of a worker performing activities he claimed he was unable to does not trigger a forfeiture of benefits because the worker's doctor was aware he performed the activities.
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Shared control of worker, benefit from his work reveal joint employment
2011-10-17
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In Massachusetts, separate entities can constitute joint employers if they share control of a worker and the benefits of his work.
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Worker's half-hearted job search may not preclude temporary total disability
2011-10-17
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In North Carolina, a worker who substantially complies with vocational rehabilitation services and does not significantly interfere with efforts to assist her in returning to suitable employment may be entitled to continued benefits.
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Coordinator can't prove causation showing permanent total disability
2011-10-17
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In Kansas, a worker has the burden of showing a causal connection between her chemical sensitivity and her employment.
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