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Characteristics of jobsite support compensation for lightning strike
2011-06-13
In North Carolina, expert testimony is not required in every workers' compensation case to establish that a worker's job exposed him to an increased risk of a lightning strike injury.


Decreased income, profitability of business lead to benefits for mover
2011-06-13
In Virginia, an economic change in condition may change a worker's right to, amount of, or duration of compensation.


One-month rehab doesn't bring employee within safe harbor of ADA
2011-06-09
According to the 10th U.S. Circuit Court of Appeals, under the ADA of 1990, an individual is currently engaging in the illegal use of drugs if the drug use was sufficiently recent to justify the employer's reasonable belief that the drug use remained an ongoing problem.


Company's direction, use of tools show laborer was employee
2011-06-09
In Virginia, evidence that the employer controlled the worker's work and provided most of the tools used shows the worker was an employee, rather than an independent contractor.


Airline not entitled to credit against benefits paid to pilot
2011-06-09
In Kentucky, benefits received pursuant to a collective bargaining agreement are not exclusively employer-funded and are not offset by workers' compensation benefits received during the same time period.


Security guard's failure to wear helmet properly justifies benefit reduction
2011-06-09
In Florida, a statutory reduction of benefits is triggered when a worker intentionally commits an act in refusal of the employer's requirement to use a safety device.


Marine Fisheries Service seeks comments on safety guidelines
2011-06-06
The National Marine Fisheries Service issued an advance notice of proposed rulemaking to enhance consideration of safety issues in fisheries management in its guidelines.


Claim form brought to chief gives city notice of claim
2011-06-06
In Connecticut, a worker can give notice of a claim to an agent of his employer triggering the employer's obligation to file a notice contesting the claim.


Suit against coworker for leg injury barred by exclusive remedy
2011-06-06
In Wisconsin, a compromise agreement is considered an adjudication of a compensation claim, and a worker's suit against his coworker for his injuries is barred.


Common law wife collects benefits based on probate court's finding
2011-06-06
In Oklahoma, if a probate court finds that a deceased worker was in a common law marriage, the common law wife is entitled to workers' compensation benefits.


Newest version of AMA Guides closes worker's claim
2011-06-02
In Arizona, a physician should rate an injured worker's impairment using the AMA Guides most recently published before the worker's impairment.


Employment contract not formed over phone when driving test required
2011-06-02
In Kansas, a phone call from an employer informing a worker that he passed his drug test and when to report for orientation does not create an employment contract if additional conditions are required for being able to work for the employer.


Factory worker's pain leads to involuntary retirement
2011-06-02
In Tennessee, a worker does not have a meaningful return to work if she retires after experiencing pain while working within her doctor's restrictions.


Swallowing chicken bone is related to tailor's employment
2011-06-02
In New York, if an employee is injured while engaged in a work-related conversation with his manager, he is likely to establish the requisite nexus between his work and the injury to trigger coverage.


Employer without insurance not immune from suit
2011-05-31
In Missouri, an employer that does not obtain workers' compensation insurance can be sued by an injured worker, even if the worker collects workers' compensation benefits from his separate statutory employer.


Comments being accepted on radiogenic cancer claims
2011-05-31
The U.S. Department of Health and Human Services proposed to treat chronic lymphocytic leukemia as a radiogenic cancer under the Energy Employees Occupational Illness Compensation Program Act.

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