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Franchisor not exempt from providing benefits to franchisee's employee
2010-12-06
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Determining whether a franchise relationship falls under the Kentucky workers' compensation law must be decided on a case-by-case basis by examining the relationship between the alleged contractor and subcontractor.
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Asthma attack treated as accidental injury, not occupational disease
2010-12-06
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Alabama law treats asthmatic episodes and similar adverse reactions to one-time, work-related chemical exposure as accidental injuries.
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Sole proprietor's wages diminished by business expenses
2010-12-06
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To calculate a sole proprietor's average weekly wage, business expenses claimed in federal taxes should be deducted from gross earnings.
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Lack of intent for advance payment foils offset for overpayment
2010-12-02
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In Arkansas, an amount in excess of wages paid over the weekly compensation rate cannot be credited against future benefits awarded unless both parties intended for the payments to be compensation paid in advance.
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Wyoming: Hearing to discuss cranes and derricks in construction
2010-12-02
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The Workers' Safety and Compensation Division proposed amendments to rules relating to the use of cranes and derricks in construction based on federal Occupational Safety and Health Administration rule changes.
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Cook's intoxication blocks claim for death benefits, funeral expenses
2010-12-02
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In Illinois, where an employee is expected to descend stairs in a safe manner throughout his workday, and he cannot perform this job duty due to his intoxication, the employee has departed from the course of his employment.
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Claim for hip injury filed 10 months too late
2010-12-02
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The Tennessee statute of limitations begins to run when by reasonable care and diligence the injury is discoverable and it is apparent that the injury is work-related.
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Benefits hold up for unexplained fall during school hours
2010-12-02
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When a fall is unexplained and the North Carolina Industrial Commission doesn't find that an independent force and condition caused the fall, then an inference arises that the fall arose out of the employment. However, a worker must still prove causation in cases involving unexplained falls.
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Racketeering claims blocked by exclusive remedy
2010-11-29
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In Michigan, claims by workers alleging that they were fraudulently denied benefits lay within the exclusive remedy of the workers' compensation law.
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Reimbursement must ensure quality care, effective cost control
2010-11-29
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In Texas, reimbursement for services not identified in an established fee guideline are reimbursed at fair and reasonable rates that are designed to ensure the quality of medical care and achieve effective medical cost control.
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Cohabitation, joint tax forms don't create common law marriage
2010-11-29
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In Pennsylvania, a common law marriage can only be created by an exchange of words in the present tense, spoken with the specific purpose of creating the legal relationship of husband and wife.
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New York: Board provides training on new guidelines, updates fee schedules
2010-11-29
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The Workers' Compensation Board issued a bulletin regarding the training opportunities on the new medical treatment guidelines, which go into effect for dates of service on or after Dec. 1.
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Indiana: Bureau revises clearance certificate form
2010-11-29
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The Compensation Rating Bureau issued a circular stating that the Workers' Compensation Board revised the "application for workers' compensation clearance certificate" form.
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Multiple arm injuries separated for calculation of benefits
2010-11-22
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Kansas law requires compensation for each scheduled injury when multiple injuries occur within a single extremity.
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Limited job skills, permanent restrictions entitle worker to permanent disability
2010-11-22
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In assessing the extent of a worker's vocational disability, Tennessee courts consider the worker's skills and training, education, age, local job opportunities, anatomical impairment rating, and the worker's capacity to work at the kinds of employment available in her condition.
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