|
|
|
|
|
Bank teller not entitled to comp for attack in her home
2011-03-21
|
In Arkansas, a worker who has "clocked out" and left work premises may be entitled to compensation if she was performing employment services at the time she was injured.
|
|
|
Different diagnoses, medications, surgical recommendations justify benefits
2011-03-21
|
In Virginia, a worker's different diagnoses and treatments before and after a workplace accident can help show that the injury was caused by a work-related incident and not by his preexisting condition.
|
|
|
Benefits blocked for widow of independent contractor pilot
2011-03-21
|
In Louisiana, the act of piloting a plane is not manual labor and does not bring an independent contractor's injury within the workers' compensation arena.
|
|
|
Self-insurance group's handling of claim may save company from liability
2011-03-17
|
In Minnesota, a workers' compensation self-insurance group fund may be equitably estopped from recovering reimbursement if it fails to keep the member informed of outstanding claims and a negative individual fund balance.
|
|
|
Ohio: Deadline nears for comments on claimant reimbursement proposal
2011-03-17
|
The Bureau of Workers' Compensation is considering revisions to a rule regarding claimant reimbursement.
|
|
|
New Jersey: Time expiring on regulations
2011-03-17
|
The Division of Workers' Compensation announced that the workers' compensation regulations will sunset in July unless readopted or extended.
|
|
|
Washington: Department reviews classification of coaches
2011-03-17
|
The Department of Labor and Industries issued a preproposal statement of inquiry regarding a rule on the workers' compensation classification plan that classifies all occupations in accordance with their degree of hazard.
|
|
|
Unusual circumstances in hiring permit different calculation of benefits
2011-03-14
|
In Tennessee, if exceptional reasons made the general equation for calculating average weekly wage unfair, another method of computing the AWW may be used.
|
|
|
Payments to business, course of dealings curb employer/employee relationship
2011-03-14
|
In Idaho, the determination of whether a worker is an independent contractor requires consideration of whether a right to control exists.
|
|
|
Removal of shoulder parts during surgery doesn't create impairment
2011-03-14
|
In Iowa, the American Medical Association Guides are just guides, and the court is not required to follow them in determining permanent partial disabilities.
|
|
|
Doctor's incorrect assumption about back problems derails causation
2011-03-10
|
In North Carolina, in the absence of an admission of compensability by the employer or an agreement between the parties, there is no presumption that additional medical treatment is causally related to the original injury.
|
|
|
Worker's neck strain did not necessitate surgery, pain medications
2011-03-10
|
In Kentucky, in a post-settlement medical reopening, the worker must prove causation and the employer must prove that the contested treatment was unreasonable and unnecessary for a work-related injury.
|
|
|
Bureau's rejection of worker's claim undermines subsequent recovery
2011-03-07
|
If at the time a worker reaches a settlement with a third party her workers' compensation claim was rejected, the bureau is not entitled to subrogation from the worker and third party.
|
|
|
Carpenter assembles compensable claim as employee
2011-03-07
|
Evidence that a skilled carpenter never maintained a separate business to perform work other than his work with a construction company constitutes strong indicia of an employer-employee relationship between the company and the carpenter.
|
|
|
Inconsistent reasons for delay in reporting accident nix claim
2011-03-07
|
In Louisiana, a worker can prove by his testimony alone that an unwitnessed accident occurred in the course and scope of employment if: 1) no other evidence discredits or casts serious doubt upon the worker's version of the event; and 2) the worker's testimony is corroborated by circumstances following the alleged event.
|
|
|
Doctors' opinions that injury was caused by sneeze properly rejected
2011-03-07
|
In Oregon, medical opinions that do not consider that a worker's injury was work-related may be rejected as unpersuasive.
|
|