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Clock doesn't run on claim until doctor reveals source of pain
2011-09-29
In Delaware, the limitations period for filing a workers' compensation claim begins when the worker should have been aware of the nature, seriousness, and compensability of her injury.


General contractor's provision of coverage blocks suit
2011-09-29
In Texas, a contractor that provides workers' compensation insurance to employees of a subcontractor is entitled to the exclusive remedy defense in a suit brought by an injured worker of the subcontractor.


Virginia: Commission seeks comments before hearing
2011-09-27
The State Corporation Commission received proposed advisory loss costs and revised assigned risk rates and rating values from the National Council on Compensation Insurance Inc.


Workers can't rebut scheduled rating by factoring in education, illiteracy
2011-09-27
In California, an injured worker can challenge the presumptive scheduled percentage of permanent disability by showing a factual error in the calculation, the omission of medical complications aggravating the disability, or the employee is not amenable to rehabilitation.


Medical opinions support permanent total disability award for manager
2011-09-27
In Tennessee, a worker may be entitled to permanent total disability benefits if his doctors initially opine that he was partially disabled but later conclude that he was totally disabled.


Washington: Retrospective rating among the proposed changes
2011-09-27
The Department of Labor and Industries issued a preproposal statement of inquiry on changes to the retrospective rating for workers' compensation insurance.


Aggravation of assistant's preexisting condition leads to benefits
2011-09-19
In Tennessee, a medical impairment rating registry physician can give an opinion as to the cause of a worker's injury.


Companies with same owner, different purposes are not 'alter egos'
2011-09-19
In Mississippi, two companies owned by the same owner are not "alter egos" of each other if they have distinct business purposes, separate insurance, different names, and different areas of expertise.


Worker wedged into lunch booth proves claim
2011-09-19
In Indiana, in determining whether an injury is compensable, the issue is not whether the injury resulted from an everyday activity but whether the injury was unexpected.


California: Hearing scheduled on public disability accommodations
2011-09-19
The Division of Workers' Compensation proposed regulations to implement the provisions of the Americans with Disabilities Act and state laws governing the accommodations process for members of the public participating in the division's activities, services, and programs.


Premium deductions from installer's paycheck secures coverage
2011-09-15
In South Carolina, if an employer withdraws workers' compensation premiums from a worker's paycheck, the employer must cover the worker's work-related injuries.


Worker fails to land benefits after driving golf cart over ramp
2011-09-15
A worker's injuries resulting from premeditated and deliberately planned horseplay do not arise out of and in the course of his employment.


Damage to structure of back proves compensability
2011-09-15
In Kansas, in determining when an injury arose out of the employment, the focus should be on whether the activity that resulted in the injury was connected to the performance of the job.


Comp court can't apply out-of-state laws to determine validity of contract
2011-09-12
In Minnesota, the Workers' Compensation Court of Appeals has jurisdiction to determine whether an insurance contract provides Minnesota workers' compensation coverage under Minnesota law.


Commander fails to secure benefits for post-termination fainting
2011-09-12
In Illinois, the stress of being laid off is a stress to which all workers are occasionally subjected. A worker's injuries resulting from such stress do not arise out of her employment.

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