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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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Contract for hire not formed over phone sinks jurisdiction
2011-10-13
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In Kentucky, a contract for hire is not made until the last act necessary for its formation is complete, and the contract is formed at the place where that act is performed.
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Worker can't connect assault, robbery to employment
2011-10-13
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In Virginia, a worker is not entitled to benefits for injuries occurring during an assault while he was on duty if there is no causal connection between the assault and his employment.
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Board should not have considered director's management of funds
2011-10-13
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In Delaware, the board cannot consider evidence that is highly prejudicial and of little probative value in determining whether a worker was in the course and scope of his employment when he was injured.
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Discontinuation of permanent disability OK based on retirement presumption
2011-10-10
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In Minnesota, the retirement presumption, which states that permanent total disability ceases to exist at age 67 because a worker is presumed to be retired, applies unless the worker rebuts the presumption or proves a knowing and intentional waiver by the employer.
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Association liable for insolvent insurer's obligation
2011-10-10
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In Connecticut, the insurance guarantee association may be liable for an insolvent last insurer's obligations to pay benefits to an injured worker when there is no overlapping coverage.
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Doctor's opinion that degeneration not related to work curbs benefits
2011-10-10
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In Nebraska, a doctor's opinion that a worker experienced degeneration and arthritis that was not work-related can lead to a denial of compensation.
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Landscaper wins benefits after altercation with supervisor
2011-10-10
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In New York, an employer is not liable for an injury that was caused by an injured worker's "willful intention" to cause injury to another. An injury resulting from an impulsive act, however, may be compensable.
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Legislative intent topples accountant's argument over retroactive benefits
2011-10-06
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In California, cost-of-living increases for total permanent disability benefits are calculated prospectively commencing on the Jan. 1 following the date on which the injured worker first receives total permanent disability benefits.
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Vocational reports bulk up laborer's entitlement to TTD benefits
2011-10-06
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In Connecticut, a worker's refusal to undergo a second surgery after an unsuccessful first surgery should not be considered in determining his entitlement to TTD benefits.
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Florida: Division clarifies loss data reporting
2011-10-06
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The Division of Workers' Compensation proposed to amend a rule clarifying that former self-insurers must report loss data for the final period of authorization only once.
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Lack of witnesses to incident shows notice of injury wasn't timely
2011-10-06
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In Pennsylvania, notice of an injury must be given to the employer within 120 days after the occurrence of the injury or no compensation is allowed, unless the employer has knowledge of the occurrence of the injury.
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Escrow account doesn't save worker's settlement from reduction
2011-10-03
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In Indiana, an injured worker who settles with a third party for substantially less than the damages value of his claim without the consent of his employer or the workers' compensation carrier can reduce his lien by attorney's fees and costs.
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Oregon: Premium rates hearing scheduled
2011-10-03
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The Department of Consumer and Business Services proposed a rule adopting the premium assessment rates that will be in effect from Jan. 1, 2012, through Dec. 31, 2012.
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Detox program, morphine pump reasonable and necessary for chronic pain
2011-10-03
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In Kentucky, an injured worker's desire to not undergo the implantation of a morphine pump will not prevent a finding that the surgery is reasonable and necessary.
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Statement made weeks before termination moves claim forward
2011-09-30
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In Kansas, negative statements by human resources staff about an employee's profitability after they learn of her need for surgery may support an ADA discrimination claim.
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