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Shaky medical testimony topples claim for permanent disability benefits
2010-09-23
When medical testimony does not establish that a work-related incident could be the cause of a condition, an employee may not be awarded permanent partial disability benefits.


Trial court authority derails interest on attorney's fees
2010-09-20
If the California Workers' Compensation Appeals Board does not expressly order the payment of interest for attorney's fees awards, the trial court lacks jurisdiction for claims of unpaid interest.


Accidental nature of explosion bars lawsuit for injuries
2010-09-20
An act does not rise to an intentional act creating liability when the supervisor is not substantially certain that an injury will follow from her actions and does not desire the resulting injury.


Washington: Department proposes updating rules for premium rates
2010-09-20
The Department of Labor and Industries is required by law to establish and maintain a workers' compensation classification plan and to set premium rates that are the lowest necessary to maintain actuarial solvency of the accident and medical aid funds, and are designed to attempt to limit fluctuations in premium rates.


Georgia court invalidates medical authorization rule
2010-09-16
The Georgia Court of Appeals invalidated Rule 205 as it impermissibly shifted the claimant's burden of proof to show that an injury was compensable as work-related.


Cancer prevents surgery for compensable injury
2010-09-16
When a worker suffers a compensable injury and a nonwork-related injury that prevents surgery and keeps her from working, she may be entitled to total permanent disability benefits.


Independent third party avoids bad-faith processing claims
2010-09-16
The exclusivity provision of Connecticut's workers' compensation law extends to claims against independent third-party claims administrators when the claims arise from the workers' compensation claims process.


Limited-English-proficient workers entitled to interpreters during appeal
2010-09-16
In Washington state, limited-English-proficient workers are entitled to free interpreters at hearings if the Board of Industrial Insurance Appeals appoints the interpreter.


Insurer escapes 60-day deadline to challenge compensability
2010-09-13
An insurer in Texas has 60 days from the time it receives notice of an initial injury to dispute compensability and 45 days from the date it receives a complete medical bill to dispute whether the treatment was necessary.


Casino worker's delay blocks controversion petition
2010-09-13
The Mississippi statute of limitations for petition to controvert applies when there has been no payment of disability income benefits or nonburial death benefits.


Co-worker immunity protects errant driver from suit
2010-09-13
The Kentucky exclusive remedy provision bars a negligence suit against a coworker when the injury occurred on the employer's premises, while the employees were on the clock, and it was typical behavior.


Circumstances show claimant, decedent were 'living with' each other
2010-09-13
When a husband and wife dwell in separate houses for convenience or other reasonable motive without estrangement and with constant recognition of the marital tie, they can be found to be "living with" each other for purposes of establishing a claim for death benefits.


Decades-old injury becomes issue in second hearing
2010-09-09
Collateral estoppel does not prevent the court from considering evidence of matters which occurred before a previous hearing but were not considered in the hearing.


Company's knowledge of gas leak supports lawsuit
2010-09-09
If an employer was aware of a condition that previously caused injury to an employee, it could be held liable for a subsequent employee's injuries due to the same condition.


Bus driver's gradual-onset injury lacks proof of rapid, repetitive motion
2010-09-09
A gradual-onset injury may be compensable in Arkansas if a claimant can show that the injury was caused by rapid and repetitive motion.


Off-duty status slashes benefits for firefighter's widow
2010-09-09
Under Maryland law, an employee training for a work-related physical fitness examination at home while off duty must show that he is acting within the course of his employment.

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