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Agreement, pre-authorization secure benefits for back surgery
2011-05-12
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In Wyoming, when a worker enters into a settlement agreement with the Safety and Compensation Division wherein the division agrees to pay for all reasonable and necessary medical treatment, and the division pre-authorizes treatment, the division has the burden of proving medical treatment is not reasonable and necessary.
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Benefits erased for inmate living in halfway house
2011-05-12
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In Louisiana, an inmate living in a halfway house is not entitled to workers' compensation benefits for an injury that occurred while in a work-release program.
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Texas: Division seeks comments on required medical examination
2011-05-09
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The Division of Workers' Compensation has proposed revisions to the form for insurance carriers requesting an injured worker to attend a required medical examination to be performed by a doctor of the insurance carrier's choice.
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Arizona: Possible changes to fee schedules call
2011-05-09
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The Industrial Commission is considering changes to the physicians' and pharmaceutical fee schedule.
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Employer's failure to file prehearing conference statement proves costly
2011-05-09
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In New York, the waiver of defenses resulting from the employer's failure to timely file a prehearing conference statement does not create a presumption relieving a worker of his obligation to demonstrate a compensable injury.
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Decision to terminate injured worker rather than trainee spells trouble
2011-05-09
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If a Wisconsin employer chose to terminate a worker who suffered a workplace injury, rather than a worker who was still in training, and the employer later sought to hire a new worker but did not rehire the injured worker, the evidence shows the employer wrongfully terminated the injured worker.
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Normal gait, 'unclear etiology' of foot pain topple disability benefits
2011-05-09
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In Indiana, an injured worker cannot receive disability benefits without clear evidence finding the work injury was the cause of her pain.
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Disagreement among doctors shows refusing surgery not unreasonable
2011-05-05
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In Kentucky, when medical experts do not agree that surgery will result in a substantial improvement for an injured worker, the worker's refusal to undergo surgery is not unreasonable.
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Ohio: Commission seeks to clarify attorney's fees
2011-05-05
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The Industrial Commission proposed amendments to a rule regarding fee controversies.
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Longtime smoker can't prove claim to permanent disability benefits
2011-05-05
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In Iowa, a lack of expert testimony establishing a causal connection between an injury and claimed permanent impairment will prevent an award of permanent disability benefits.
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Compensation allowed for accident en route to conference
2011-05-05
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In Texas, if an employee is injured while traveling to work in an employer-issued vehicle, the travel does not fall within the coming and going rule.
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Ohio: Proposal would reimburse out-of-pocket co-pays
2011-05-02
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The Bureau of Workers' Compensation proposed a rule to ensure that injured workers can be reimbursed for out-of-pocket co-payments they made for medical services or supplies prior to the allowance of the claim or condition being treated.
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Alaska: Meeting to cover changes to various regulations
2011-05-02
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The Workers' Compensation Board is considering changes to regulations governing appeals of discovery orders, hearing continuances and cancellations, frivolous controversions, unlawful change of physician and the definition of a month, and reemployment benefits.
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Impairment award diminishes worker's permanent total disability award
2011-05-02
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In Wyoming, a permanent total disability award may be reduced by a worker's previous impairment award.
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Worker proves supervisor caused compensable mental disability
2011-05-02
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In Michigan, the commission cannot overturn a magistrate's determination because the employer presented a set of facts different from those the magistrate found persuasive.
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Smell of alcohol foils technician's claim after fall over railing
2011-04-28
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In Tennessee, a worker's injuries will not be covered by workers' compensation if his intoxication was a cause of his injuries.
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