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Co-worker immunity protects errant driver from suit
2010-09-13
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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.
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Circumstances show claimant, decedent were 'living with' each other
2010-09-13
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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.
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Decades-old injury becomes issue in second hearing
2010-09-09
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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.
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Company's knowledge of gas leak supports lawsuit
2010-09-09
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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.
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Bus driver's gradual-onset injury lacks proof of rapid, repetitive motion
2010-09-09
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A gradual-onset injury may be compensable in Arkansas if a claimant can show that the injury was caused by rapid and repetitive motion.
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Off-duty status slashes benefits for firefighter's widow
2010-09-09
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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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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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