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Unsolved homicide dooms widow's claim to comp benefits
2011-01-10
In Tennessee, the injured employee always has the burden of proving entitlement to workers' compensation benefits.


Employer on the hook for costs of home-based care
2011-01-10
In Wisconsin, for an injured worker subject to a protective placement order, the department can't review whether the worker is in the least restrictive placement. The department may determine only whether the medical expenses associated with the worker's placement are compensable.


Parking lot slip and fall is covered for traveling employee
2011-01-10
Under Illinois law, a traveling employee's act of warming up her car in cold weather to ensure it would start at the end of the workday constitutes a reasonable and foreseeable act.


Medicare recovery from wrongful death settlement depends on state law
2011-01-06
According to 11th Circuit, Medicare must defer to state law in asserting its right to recover medical payments under the Medicare Secondary Payer Act.


Compensation denied for injuries occurring en route to mediation
2011-01-06
In Maine, an injury arising from a car accident while traveling to a workers' compensation mediation session does not arise out of and in the course of employment.


Injury during smoke break leads to comp for hairdresser
2011-01-06
In Louisiana, an employee typically remains in the course of her employment while she is on a permitted break.


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.

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