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AMA guides allow a physician's 'exercise of clinical judgment'
2010-10-25
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According to California law, impairment ratings are calculated with an allowance for a physician's clinical judgment in cases that do not fit neatly into the diagnostic criteria and descriptions laid out in the AMA Guides.
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Antidepressant used to treat physical injury compensable
2010-10-25
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In Wyoming, when an antidepressant is prescribed to treat a compensable physical injury, benefits can be awarded.
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Wrist injury leads to staph infection; remand to determine proper notice
2010-10-21
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To establish medical causation in cases involving an accident, the worker must show that the accident caused or was a contributing cause of the injury.
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Credibility of operator undermined by conflicting evidence
2010-10-21
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Personal observation is not the only means of evaluating testimony. The commission can give less weight to a worker's testimony when it conflicts with other evidence.
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Oregon: Bulletin addresses employer-paid reimbursement claims
2010-10-21
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The Workers' Compensation Division issued Bulletin 345 telling insurers how to apply employer-paid medical reimbursement claim costs for individual claims for unit statistical reporting purposes and providing updated maximum reimbursement amounts.
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Truck driver unable to link exiting truck to mental condition
2010-10-19
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For a psychological condition to be compensable under Kentucky's physical exertion standard, the physical exertion must have caused the mental harm or be directly related.
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Issue of preexisting condition blocks summary judgment
2010-10-19
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If a question of fact exists regarding whether a worker suffered an aggravation of a preexisting injury, summary judgment should be denied.
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Bookkeeper's accident while taking lunchtime stroll not covered
2010-10-19
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For purposes of determining compensability of lunchtime accidents, lunch breaks should not be treated the same as personal comfort breaks.
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Operator not required to rebut loss of earning capacity presumption
2010-10-14
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When an employee returns to work after reaching maximum medical improvement and earns the same or higher wages, loss of earning capacity is not considered in assessing the compensation due to the employee for any permanent disability.
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Evaluator opinion, scientific tests sink causation argument
2010-10-14
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To prove causation in a chemical exposure case, a worker must establish that the solvent exposure was the cause of his impairment within a reasonable medical probability.
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Texas: Proposal would delete unnecessary definitions
2010-10-14
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The Division of Workers' Compensation has proposed amendments to rules regarding sanction criteria and severability.
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California: Proposed amendment addresses benefit notices
2010-10-14
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The Division of Workers' Compensation proposed amendments that reduce the number of attachments required to be sent with benefit notices.
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'Project owner' definition unravels negligence suit
2010-10-11
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In Alaska, negligence suits against project owners are barred under the exclusive remedy provision of the law. The definition of project owner is not narrowly construed to only include construction projects.
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Higher amount of benefits secured for disabled worker
2010-10-11
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According to Tennessee law, a temporary worker's average weekly wage is calculated by dividing the amount of earnings by the number of weeks worked. In cases where a worker earns a given sum for a normal week, the given sum should be the average weekly wage.
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Drug test irregularities, causation issue justify reasonable contest
2010-10-11
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Evidence that the claimant engaged in suspicious conduct regarding a post-accident drug test and changed his story regarding how his injury occurred supports a finding that the employer's contest of the claim was reasonable.
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Work for private household precludes nursing assistant from receiving benefits
2010-10-07
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A domestic servant employed in a private home is specifically excluded from coverage by the Missouri workers' compensation law.
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