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Cohabitation, joint tax forms don't create common law marriage
2010-11-29
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.


New York: Board provides training on new guidelines, updates fee schedules
2010-11-29
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.


Indiana: Bureau revises clearance certificate form
2010-11-29
The Compensation Rating Bureau issued a circular stating that the Workers' Compensation Board revised the "application for workers' compensation clearance certificate" form.


Multiple arm injuries separated for calculation of benefits
2010-11-22
Kansas law requires compensation for each scheduled injury when multiple injuries occur within a single extremity.


Limited job skills, permanent restrictions entitle worker to permanent disability
2010-11-22
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.


Coronary artery disease, lipid problems aren't work-related
2010-11-22
To be entitled to benefits for a condition diagnosed after a compensable injury, a worker must show that the condition was caused or aggravated by the compensable injury.


Ironworker secures permanent disability benefits for fingertip injury
2010-11-22
Evidence that a claimant experiences pain in his finger from a serious laceration, he guards his finger from contact at work and at home, he has high sensitivity in the finger, and he experiences coldness in the fingertip sufficiently supports an award for 20 percent loss of use.


Lack of causation evidence zaps bug bite claim
2010-11-22
In Florida, the argument of an increased risk is not applicable in the absence of proof of an idiopathic condition.


Recurring knee injury warrants liability for first employer
2010-11-18
Under the last injurious exposure rule, the employer at the time of a second injury is responsible for a new injury or aggravation of a prior injury. A recurrence of an injury is paid by the first employer.


Truck driver shows use of clutch caused compensable disk herniation
2010-11-18
The strain of working in an awkward position or performing a motion repetitively may provide trauma sufficient to cause a compensable injury.


Medical provider evades 2-year statute of limitations
2010-11-18
Indiana law provides a two-year statute of limitations for the modification of a workers' compensation award due to a "change in conditions." This statute of limitations does not apply to an application by a medical provider to adjust the claim for a provider fee.


Lienholder can't touch pain and suffering settlement damages
2010-11-15
The department cannot be reimbursed for pain and suffering damages an injured worker collects from a third party.


Operator must rebut presumption on remand
2010-11-15
When an injured employee returns to work and receives the same or greater earnings as prior to the injury, a rebuttable presumption arises that she suffered no loss in wage-earning capacity.


Flight attendant lands open award for knee condition
2010-11-15
A hobby of woodworking might well create transferable skills. However, an interest in woodworking or "thinking about" woodworking as a future career does not create transferable skills.


Starting beer brawl ends paver's comp claim
2010-11-15
In Ohio workers' compensation cases involving assaults at the workplace, courts focus on whether the origin of the assault was work-related and whether the worker was the instigator.

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