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Illegal inquiry claim must show proof of harm
2010-09-07
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Massachusetts law and the ADA prohibit employers from making a preemployment inquiry regarding an applicant's medical and disability status. According to the 1st Circuit, an applicant cannot sue for violations of the state law unless he can show an injury caused by the illegal questioning.
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Employee unable to show work-related stress more harmful
2010-09-07
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To receive workers' compensation benefits for mental stress in Utah, an employee must show that her work-related stress outweighs her nonwork-related stress.
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Doctor employed by insurer not independent and unbiased
2010-09-07
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A doctor who evaluates a claimant and subsequently becomes employed by the insurer cannot render an independent, unbiased opinion on the employee's condition.
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Earnings from second job boost average weekly wage
2010-09-07
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An employer can be held liable for workers' compensation benefits that include wages from an employee's second job.
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Pension offset applies to maximum, not unadjusted, benefits
2010-09-02
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Workers' compensation benefits must be reduced to the statutory maximum before any pension offset is calculated.
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Temp worker can't sue manufacturer for injuries
2010-09-02
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In determining whether a temporary employee is employed by an employment agency or the contracting company, Ohio courts focus on the day-to-day control of the worker rather than administrative matters.
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Denial letter doesn't revive expired claim for medical services
2010-09-02
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When an employer sends a denial letter after the statute of limitations for inactive matters has expired, the letter does not revive the running of a new statute of limitations.
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Free fare makes pilot's ride to work compensable
2010-09-02
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An airline employee injured while traveling to or from work on a free or reduced cost flight may be acting within the course of employment.
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Indiana: Carrier filings are available, will be updated
2010-09-02
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The Compensation Rating Bureau announced the new service of a rate guide report posted on the bureau's Web site.
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'Dishonesty' about disability validates termination decision
2010-08-30
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When an employer has a valid reason for terminating an employee who has filed a workers' compensation claim, the discharge is not in retaliation.
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Court OKs 24-hour care for employee with brain injury
2010-08-30
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Employees have the burden of showing their current condition was caused by the work-related injury, especially when there is conflicting medical testimony.
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Smoking pot before feeding bears not prudent, but not fatal to claim
2010-08-30
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The employer's failure to present any evidence regarding the claimant's level of impairment due to marijuana usage undercuts its argument that the accident was caused by drug use.
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Murky verdict nixes recovery of insurer's lien
2010-08-26
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In Indiana, a jury in a personal injury suit may hear evidence that the injured worker received workers' compensation benefits and may consider these payments in making a damages award.
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Colorado Supreme Court discards benefits calculation rule
2010-08-26
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Benefits are not calculated based on the maximum rate in effect at the time of disablement. The maximum rate at the time of injury is based on the time of the accident.
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Drug use doesn't strip workers' comp system of jurisdiction over claim
2010-08-26
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Although Arkansas law states that an accident that was "substantially occasioned by the use of drugs" is not a compensable injury, this rule does not take a case involving drug use outside the workers' compensation system. A worker cannot sue his employer in court merely because his accident involved drug use.
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