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Coworker's cane-shortening prank covered by workers' compensation
2011-02-10
In California, a worker injured by a coworker's prank is limited by the exclusive remedy provision of the workers' compensation law.


Misdiagnosis could lead to finding of mutual mistake, agreement rescission
2011-02-07
If parties to a workers' compensation settlement agreement in Montana are mutually mistaken as to a material fact concerning the nature and extent of a worker's injury, such as in the case of a misdiagnosis, then the settlement agreement may be set aside.


Doctor's finding of maximum medical improvement for post-traumatic stress disorder entitles nurse to benefits
2011-02-07
In Iowa, any disability that remains after a stabilization of a condition will support an award of PPD benefits to the extent the residual impairment decreases the worker's earning capacity.


Arthritis definition curbs comp for caretaker
2011-02-07
In Oregon, in defining preexisting conditions for workers' compensation claims, the term "arthritis" means the inflammation of one or more joints due to infectious, metabolic, or constitutional causes, resulting in breakdown, degeneration, or structural change.


Worker's voluntary participation in scuffle blocks benefits for injured arm
2011-02-07
In Oklahoma, a worker who is injured by a coworker's prank or horseplay is an innocent victim and entitled to workers' compensation if there is proof that the injured worker did not initiate or voluntarily participate in the incident, or that the injured employee's only involvement in the incident was exclusively directed at escaping or avoiding the horseplay.


Conflicting testimony, surveillance video topple claim for benefits
2011-02-03
In Louisiana, a worker's testimony alone may be sufficient to establish a work-related accident occurred. However, other conflicting evidence can discredit the worker's testimony.


Stress, anxiety fail to result in compensable disability
2011-02-03
In Michigan, an employee who expects that despite her performance, the employer can never evaluate and require improvements is not reasonable.


Courier's status as independent contractor unravels benefits petition
2011-02-03
In Florida, the critical factor in determining independent contractor status is the degree of control exerted by the alleged employer.


Comp can't be reduced by short-term disability payments
2011-01-31
In Oregon, short-term disability benefits do not reduce the amount of workers' compensation benefits the worker is entitled to.


Worker's difficulty in finding doctor saves her from sanctions
2011-01-31
A worker in Louisiana will not be sanctioned for failing to obtain court-ordered medical treatment when she has difficulty finding a doctor willing to accept a workers' compensation patient.


Similar symptoms before, after work incident undermine causation
2011-01-31
In North Dakota, a worker is not required to show the employment was the sole cause of her injury, but she must establish a causal connection by demonstrating her employment was a substantial contributing factor to the injury.


Injury on smoke break leads to compensation
2011-01-31
To determine whether an employee is performing employment services, Arkansas courts consider whether the injury occurred within the time and space boundaries of the employment when the employee was carrying out the employer's purpose, or advancing the employer's interest, directly or indirectly.


Chronic pain places first employer on the hook for manager's benefits
2011-01-27
Under the last injurious exposure rule, the carrier covering the risk at the time of the most recent compensable injury bearing a causal relationship to the disability bears the responsibility to make the required workers' compensation payments.


Status as nonemployee foils benefits for owner-operator of dump truck
2011-01-27
To be eligible for second job wage loss benefits, a worker must be "employed by more than one employer."


Worker's MMI before his death entitles widow to PPD benefits
2011-01-27
In Connecticut, a worker's right to permanent partial disability benefits, as well as the entitlement by the worker's surviving spouse or dependent, vests when the worker reaches maximum medical improvement and does not depend on an affirmative request for benefits.


Biological roots of post-traumatic stress don't trigger comp for physical injuries
2011-01-24
In Wyoming, a physical injury must be something outside the biological changes in the brain associated with mental disorders in order for the injury to be compensable.

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