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Fund's defense waived when brought after determination of compensability
2011-04-18
In Arizona, the election of remedies defense is waived if it is raised after a determination of compensability becomes final.


Worker entitled to accessible home, but not necessarily on his own land
2011-04-18
In Georgia, if an employer is ordered to build a wheelchair-accessible home for an injured worker, it may do so on a location of its choice. The home does not have to be built on property already owned by the worker.


South Carolina: Commission eyes maximum medical payments
2011-04-18
The Workers' Compensation Commission proposed to amend a regulation regarding maximum allowable payments to medical practitioners.


Oregon: Division seeks to change rules on premium assessment
2011-04-14
The Workers' Compensation Division has proposed changes to rules regarding premium assessment.


Washington: Hearing on medical aid conversion upcoming
2011-04-14
The Department of Labor and Industries proposed to amend a rule regarding medical aid conversion factors.


Conflicting medical testimony doesn't block temporary benefits for nurse
2011-04-14
In Kentucky when there is conflicting medical evidence, an administrative law judge's decision will not be reversed if there is substantial evidence supporting his decision.


Worker injured at home not part of vocational rehabilitation
2011-04-14
In Ohio, a worker injured at home when he returned to continue a job search through a vocational rehabilitation program is not entitled to compensation.


Worker connects prescribed opioid use to low testosterone levels
2011-04-11
In Florida, where a worker's doctor provides convincing testimony that the worker's long-term, prescribed opiod use caused his low testosterone levels, the worker meets his burden of proving that the compensable accident was a competent cause of his condition.


Lack of changes in MRI, symptoms curb compensation
2011-04-11
In Arkansas, evidence that a worker did not sustain a clinical change after an alleged work-related injury shows that the worker did not sustain a compensable injury.


'Sporadic' schedule OKs AWW calculation for time actually worked
2011-04-11
In Delaware, a worker who works sporadically in the 26 weeks before her injury should have an average weekly wage calculated based on her work actually performed.


Player's regular employment in Maryland wins him disability benefits
2011-04-11
Maryland has jurisdiction of a football player's workers' compensation claim when the employment in the state is regular, and not intermittent or temporary, and when the purpose of his employment is to play in Maryland.


Testifying at wife's hearing doesn't yield protections under ADA
2011-04-07
In Maine, testifying in a workers' compensation hearing in opposition to an employer does not qualify as protected activity under the Americans with Disabilities Act.


Tornado creates higher risk of injury for truck driver
2011-04-07
In Tennessee, when an employee suffers an injury due to an uncontrolled force of nature, the employee must prove the injury was caused by an increased risk peculiar to the nature of the employment.


Worker's sleeping on job doesn't block vocational rehabilitation benefits
2011-04-07
In Wisconsin, an injured worker cannot be denied vocational rehabilitation benefits when he is offered suitable employment after his injury and is subsequently terminated for just cause.


Employer prevented from raising immunity defense in civil action
2011-04-04
In Florida, where the employer denies a workers' compensation claim on the basis that the worker's alleged exposure did not occur in the course and scope of her employment, the worker is not required to litigate her claim to completion before filing a civil action.


Cosmetologist's failure to report tips for taxes slashes benefits
2011-04-04
In Massachusetts, a worker's average weekly wage does not include tips that are not reported for tax purposes.

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