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Worker's termination doesn't prevent collection of benefits
2011-07-05
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In Utah, a worker who is terminated for misconduct may be entitled to temporary disability benefits if he is able to perform light-duty work but cannot perform it due to the termination.
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Benefits cut for landscaper who climbed tree on a bet
2011-07-05
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In South Carolina, a worker engaging in horseplay at the time he is injured is not entitled to benefits.
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Unusual parking lot incident doesn't score benefits for guard
2011-07-05
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In Louisiana, a mental injury or illness resulting from work-related stress is not compensable unless the mental injury was the result of a sudden, unexpected, and extraordinary stress related to the employment.
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Liver disease resulting from treating work injury is compensable
2011-06-30
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In Kansas, if a worker entitled to workers' compensation suffers a second injury from medical negligence during treatment for the work injury, the second injury is also compensable.
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5-month visit to India doesn't warrant suspension of benefits
2011-06-30
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In Pennsylvania, a worker may be found to have withdrawn from the workforce if he resides in another country for an extended period or if he does not indicate that he intends to move back to the United States if he learns of suitable employment in his usual employment area.
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Officer's voluntary retirement sinks entitlement to supplemental benefits
2011-06-30
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In Louisiana, evidence that a worker did not retire due to a work-related injury will prevent the worker from collecting supplemental earnings benefits.
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Driver can't secure benefits for fall in hotel bathroom
2011-06-30
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In Ohio, evidence that a worker was engaged in an activity logically related to the employer's business shows that the worker's injuries arose out of his employment.
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Chiropractor can testify as to psychological overlay
2011-06-27
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In Oklahoma, a chiropractor is qualified to give expert testimony regarding a worker's psychological condition.
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Incomplete claim file doesn't justify benefits at more than maximum rate
2011-06-27
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In California, a worker is not entitled to receive TTD benefits at a rate higher than two-thirds of the worker's average weekly earnings, even if the claim adjuster failed to maintain documentation sufficient to determine the worker's average weekly earnings.
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Horse groom entitled to benefits for car accident during travel back to farm
2011-06-27
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In Kentucky, a traveling employee's injuries are compensable if the employer sustained an economic benefit by the trip and if the employer would have sent another worker if the injured employee did not go.
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Exclusivity bars apprentice's suit for amputated finger
2011-06-27
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In Connecticut, in order to overcome the exclusive remedy bar, a worker must demonstrate that his employer believed its conduct was substantially certain to cause the worker harm. An employer's failure to comply with safety regulations or train workers is insufficient to meet the standard.
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'Questionable' diagnoses, light job duties allow insurer to deny claim
2011-06-23
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In Texas, a worker cannot prove bad faith without evidence that at the time the insurer denied her claim, it was reasonably clear the claim was covered.
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Preexisting condition combined with work injury to cause disability
2011-06-23
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In Missouri, in order for the second injury fund to be liable, a worker must show that his preexisting condition "represented an obstacle or hindrance" to his ability to work.
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Lack of causation evidence nixes mechanic's claim
2011-06-23
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In Kentucky, a worker cannot collect benefits without showing a causal relationship between his work and his injuries.
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Secretary's wipeout while retrieving sweater from car warrants benefits
2011-06-23
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In New York, activities that are both reasonable and sufficiently work-related are compensable.
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'Battle of the experts' shows benzene caused laborer's leukemia
2011-06-20
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In Louisiana, a worker can establish chemical exposure caused an occupational disease by showing medical studies and internal memoranda from the employer noting a chemical exposure problem.
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