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Refund for prescription drugs nixed by bureau's denial of coverage
2010-12-09
A pharmacy in Ohio is not required to refund the difference in the price workers paid for prescription drugs and the bureau's scheduled price when the bureau had denied coverage for the drugs at the time of purchase.


Similar symptoms before and after alleged injury erase compensability
2010-12-09
In Arkansas, a worker must provide medical evidence supported by objective findings establishing his injury, but not if the worker has experienced the symptoms for years before the work injury.


Spinal cord stimulator sparks benefits for hernia
2010-12-09
Wyoming's second compensable injury rule is not a common law remedy, and it can be applied where there is a statute governing a particular injury.


Physician assistant not entitled to job restructuring after workplace injury
2010-12-09
An employee who cannot perform the essential functions of her job with or without accommodations after a workplace injury will not be able to show her termination violated the ADA of 1990.


Ability to cook, clean, drive undermines claim for assisted living
2010-12-09
In Kentucky, even when a worker requires certain assisted living services, residence at an assisted living facility may not be compensable medical care.


HIV confidentiality prevents disclosure of records despite impact on case
2010-12-06
California law prohibits the disclosure of reported cases of HIV infection in a third party's legal proceeding.


Franchisor not exempt from providing benefits to franchisee's employee
2010-12-06
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.


Asthma attack treated as accidental injury, not occupational disease
2010-12-06
Alabama law treats asthmatic episodes and similar adverse reactions to one-time, work-related chemical exposure as accidental injuries.


Sole proprietor's wages diminished by business expenses
2010-12-06
To calculate a sole proprietor's average weekly wage, business expenses claimed in federal taxes should be deducted from gross earnings.


Lack of intent for advance payment foils offset for overpayment
2010-12-02
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.


Wyoming: Hearing to discuss cranes and derricks in construction
2010-12-02
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.


Cook's intoxication blocks claim for death benefits, funeral expenses
2010-12-02
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.


Claim for hip injury filed 10 months too late
2010-12-02
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.


Benefits hold up for unexplained fall during school hours
2010-12-02
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.


Racketeering claims blocked by exclusive remedy
2010-11-29
In Michigan, claims by workers alleging that they were fraudulently denied benefits lay within the exclusive remedy of the workers' compensation law.


Reimbursement must ensure quality care, effective cost control
2010-11-29
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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