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Trip on raised door threshold during break gets 2nd look
2011-07-25
In Virginia, in applying the actual risk test, the commission should determine whether a worker's risk of injury was peculiar to her job and not one which the general public was equally exposed.


Third-party administrator's 1-day delay entitles worker to incapacity benefits
2011-07-21
In Maine, an employer has 14 days to file a notice of controversy of a worker's claim even if the worker did not suffer an actual loss of earnings from the injury.


Positive drug test doesn't block benefits for 'freak accident'
2011-07-21
In Louisiana, a worker who is intoxicated at the time of his accident can recover benefits if the accident was a "freak accident," the worker did not appear intoxicated at the time, and he could not have prevented the accident.


Risk of work environment existed when decorator tripped over dog
2011-07-21
In Oregon, in order for an injury to arise out of employment, it must result from a risk connected with the nature of the work or the work environment.


Lack of return to work release from physician fails to prove disability
2011-07-18
In North Carolina, a finding that a physician never released an injured worker to return to work is insufficient to establish disability.


Temporal connection fails to connect chemical exposure, symptoms
2011-07-18
In Idaho, a temporal connection between a worker's symptoms and a chemical exposure at work alone does not establish causation.


Benefits blown away for worker on smoke break
2011-07-18
In Arkansas, a worker injured during her break must show that she was advancing the interests of her employer at the time of her injury in order to receive benefits.


General partnership not immune from worker's suit
2011-07-14
In New Jersey, a worker can sue a general partnership after receiving workers' compensation benefits from her employer, a partner in the partnership.


Washington: Department questions classifications for comp insurance
2011-07-14
The Department of Labor and Industries issued a preproposal statement of inquiry regarding amendments to general reporting rules and classifications for workers' compensation insurance.


Lack of causation opinion from doctor blocks claims
2011-07-14
In North Carolina, without a doctor's opinion that a worker's injury was causally related to a work incident, it will be difficult for a worker to show he is entitled to compensation.


Despite paying benefits, contractor not immune from suit
2011-07-11
In Massachusetts, a contractor that pays the workers' compensation claims of injured workers of its subcontractor is not immune from being sued by the workers.


Expert's failure to test dexterity results in benefits for operator
2011-07-11
In New Jersey, an employer must be provided with notice that the odd lot doctrine might be applied to have the opportunity to rebut the worker's showing of unemployability.


Lifting beer cases, moving chair results in compensable shoulder injury
2011-07-11
In Virginia, a worker injured while performing duties outside her job description is not barred from receiving benefits if she was performing activities not prohibited by the employer and in furtherance of the employer's interest.


Teacher proves injuries from breaking up fight are compensable
2011-07-11
In New York, a worker's injuries sustained in an assault while fulfilling his job duties occurs in the course of employment even if the worker physically leaves the employer's presence.


Delivery of keys is special mission; widow wins benefits
2011-07-07
In Ohio, a worker may be entitled to benefits under the special mission exception to the coming and going rule if the sole reason for his being on the road was to perform a substantially important function of his job.

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