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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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Worker bears burden to show butt wiggle not horseplay
2010-10-07
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A worker cannot recover for injuries arising from aggressive participation in horseplay that constitutes a substantial deviation from his employment because such actions do not rise out of and in the course of employment. The worker bears the burden to establish he did not substantially deviate from the employment.
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Claimant entitled to reimbursement for parents' travel expenses
2010-10-04
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Medical travel expenses of family members are authorized when the travel is medically necessary and when a traveling family member's care is "reasonably required to effect a cure or give relief."
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Employer secures credit for unknown, future benefits
2010-10-04
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According to Connecticut law, an employer's statutory lien entitles it to a credit for unknown, future workers' compensation benefits that it may become obligated to pay a worker in the full amount of her proceeds from a judgment against or settlement with a third party.
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House arrest precludes eligibility for disability benefits
2010-09-30
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A claimant on house arrest is in constructive custody and is not eligible to receive benefits while serving his sentence regardless of his eligibility for work release.
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Hockey player scores disability benefits for injury at away game
2010-09-30
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A professional athlete signed to a team based in the District of Columbia but injured in a game outside the district may be entitled to temporary total disability benefits and temporary partial disability benefits.
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Housekeeper's status as nonemployee washes away claim for benefits
2010-09-30
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In New Jersey, housekeepers with informal businesses are not treated as the employees of their customers and are therefore ineligible for workers' compensation benefits.
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Employee cleared to receive benefits when pre-injury vision was corrected
2010-09-27
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In Ohio, preinjury vision can be measured by the levels achieved by preinjury surgery. Postinjury vision is measured by uncorrected vision.
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Amendment requires lump-sum payments into trust fund
2010-09-27
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The language of Section 27(2) as amended evinces a clear intent to require payment into the aggregate trust fund of all Section 15(3)(w) awards made after July 1, 2007, regardless of the date of injury.
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Seamstress may receive benefits for nonpermanent impairment
2010-09-27
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An injured worker who reopens her workers' compensation case for new medical treatment for a condition acknowledged by an ALJ may be entitled to benefits even if the condition was not assigned a permanent disability rating.
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North Carolina: Commission considers offering interpreters in mediation
2010-09-27
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The Industrial Commission has proposed a new rule allowing the services of foreign language interpreters in mediation when a person does not speak or understand the English language.
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