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Oregon: Department issues bulletin on premium assessment rate
2011-01-06
The Department of Consumer and Business Services, Workers' Compensation Division issued a bulletin providing the workers' compensation premium assessment rate to be applied against premium earned during 2011.


Worker gets 2nd chance to show impalement caused back pain
2011-01-06
In North Carolina, where a worker's injury is compensable, there is a presumption that additional medical treatment is directly related to the compensable injury.


Total temporary disability, Social Security disability benefits allowed for same injury
2011-01-03
Injured workers in West Virginia can receive temporary total disability benefits and Social Security disability benefits for the same injury. The Social Security benefits are reduced to prevent a double recovery.


Actions of crane operator, foreman don't entitle worker to extra comp
2011-01-03
A worker in California can receive additional compensation when he is injured by the serious and willful misconduct of an executive, managing officer, or general superintendent of the employer.


Massachusetts: Department to verify coverage for out-of-state employers
2011-01-03
The Department of Industrial Accidents promulgated a new form to verify workers' compensation coverage, which will be used by employers located in other states but conducting business and employing workers in the state.


New York: Independent livery driver benefit fund
2011-01-03
The Workers' Compensation Board proposed a rule to implement the independent livery driver benefit fund, which provides workers' compensation benefits in limited situations to independent livery drivers.


Housekeeper cannot collect benefits for alleged pulmonary problems
2011-01-03
In Florida, where the testifying medical experts are unable to find objective evidence of physical or structural abnormalities for the claimant's subjective complaints, the claimant has not established a compensable pulmonary condition arising out of a throat injury.


Indiana: Bureau adjusts assigned risk surcharge
2010-12-27
The Compensation Rating Bureau issued a circular announcing an adjustment in the assigned risk surcharge.


Alaska: Fees for medical treatment and services to change
2010-12-27
The Department of Labor and Workforce Development revised regulations dealing with fees and other charges for medical treatment and services.


Right of control secures borrowed servant status, bars suit
2010-12-27
Although Louisiana courts consider a number of factors in determining whether a worker is a borrowed servant, the right of control factor weighs heavily.


Disability application that indicates injury not work-related sinks claim
2010-12-23
In Alabama, in cases involving a sudden and traumatic event, an employee must produce substantial evidence showing that the alleged incident occurred and that the accident caused or was a contributing cause of the injury.


Injury from cow's topple is compensable; laborer not farm worker
2010-12-23
In Indiana, an employee may work in a dual capacity for the same employer and be covered by workers' compensation while engaged in one capacity and excluded from benefits while engaged in the other.


Impairment incurred 2 years prior to claim not excluded from award
2010-12-23
Kentucky law requires an 8 percent impairment rating for income benefits to be awarded for hearing loss and has a two-year statute of limitations that is triggered when a physician tells a worker of his injury and its cause.


Baseball bat attack by supervisor yields benefits
2010-12-23
Where the claimant's assault by his supervisor was the result of the supervisor's belief that the claimant took property from work, the claimant's injuries sustained in the assault arose out of and in the course of his employment.


Plans to open restaurant eat away disability benefits
2010-12-20
A general disability award in South Carolina requires a showing of a loss of earning capacity. If a worker is capable of running a business, he is ineligible for disability benefits.

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