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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.


Company's knowledge of injury triggers liability for surgery costs
2011-09-12
In Kansas, the designation of an accident date due to a repetitive use injury is not a factual determination of the precise moment at which the worker suffered the injury.


Scientist's stress can't be attributed to personnel decision
2011-09-08
In New York, mental injuries that stem from an employer's lawful and good-faith personnel decisions involving a disciplinary action or work evaluation are not compensable.


Successful surgery allows floater to change physicians
2011-09-08
In North Carolina, an injured worker can change his authorized treating physician if he completed all of the conservative treatment ordered by the first doctor and the second doctor's treatment was beneficial in reducing his pain and lessening his impairment.


Contractor who provided equipment, lacked set schedule not an employee
2011-09-08
In Arizona, in determining whether a worker is an employee, the totality of the circumstances is examined.


Top Court strikes down ban on rehab benefits for older workers
2011-09-06
In Montana, workers eligible for Social Security retirement benefits may be able to receive rehabilitation benefits.


Essential functions defeat nurse's involuntary leave claims
2011-09-06
An employer may place a worker on involuntary continuous FMLA leave so long as she has a serious health condition that prevents her from performing an essential function of her position.


Teacher strikes out on claim for benefits for softball game injury
2011-09-06
In Illinois, an accidental injury occurring during a voluntary athletic event does not arise out of and in the course of employment.


Texas: Amendments align health care rules
2011-09-01
The Division of Workers' Compensation proposed amendments to rules regarding general medical provisions, pre-authorization, concurrent utilization review, and voluntary certification of health care.


Furloughed worker denied wage losses, can't show connection
2011-09-01
In Virginia, an injured worker who is furloughed must show a causal relationship between his incapacity and wage loss in order to be entitled to wage loss benefits.


Washington: Department seeks comments on new program
2011-09-01
The Department of Labor and Industries is creating a stay at work program.


Rubber snake prank causes compensable neck injury
2011-08-29
In Florida, an injury sustained by a victim of a prank may be covered if it occurred in the course and scope of her employment.


Worker with schizophrenia can't show causal connection
2011-08-29
In Mississippi, a worker claiming a mental injury stemming from a mental stimulus must show the injury was caused by something more than the ordinary incidents of employment.


Technician not barred from asserting aggravation causation theory
2011-08-25
In Ohio, an aggravation of a preexisting medical condition is a type of causation, so it is not a separate condition or distinct injury. Therefore, a worker can present evidence of this theory of causation on appeal even if it was not addressed administratively.


Driver's refusal of job offer curbs disability benefits
2011-08-25
In North Carolina, an employer can show a worker is not entitled to disability benefits if he unjustifiably refuses suitable employment.


Nurse's earning ability can't be based on snapshot of wages at one time
2011-08-25
In Wyoming, to determine an injured worker's ability to earn a living, the worker's preinjury wages and work schedule, the nature of her injury and the resulting physical limitations, her postinjury employment history, and her postinjury employment prospects should be considered.

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