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Without express statutory provision, the Texas Office of Risk Management is off the hook for fees
2010-08-02
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A state agency's liability under the Texas Labor Code is limited to those damages authorized by the Texas Tort Claims Act.
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Louisiana court supersizes bus driver's benefits by including part-time wages
2010-08-02
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When there is ambiguity in the law, courts typically interpret it in favor of the party the law was designed to protect.
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Failure to report subsequent injury doesn't amount to fraud
2010-08-02
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The panel found there was insufficient evidence to establish that the employee knowingly made false statements or representations for the purpose of influencing his workers' compensation claim.
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Free living quarters offered as employment perk are wages
2010-07-29
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In South Carolina, a worker's AWW includes the actual pay he receives as well as "allowances of any character when they are a specified part of his employment contract."
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Medic must settle for eight weeks of temporary disability for soft tissue injury
2010-07-29
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Under Oklahoma law, if an employee sustains an injury to the cervical spine but does not undergo corrective surgery, her benefits are limited to eight weeks of temporary total disability compensation.
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Claimant's attempt to obtain replacement massage chair falls flat
2010-07-29
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The fact that a treating doctor previously authorized the claimant to receive a massage chair does not necessarily mean the claimant will automatically receive a replacement chair.
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Massachusetts: Department cancels missed appointment fees
2010-07-29
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The Department of Industrial Accidents will no longer impose a missed appointment fee for impartial workers' compensation medical examinations that are canceled more than 48 hours in advance of the scheduled date.
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Issues collateral to WC claims fall under commission's jurisdiction
2010-07-26
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The North Carolina Industrial Commission has exclusive jurisdiction over workers' compensation claims and all ancillary matters.
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Failure to submit to independent medical exam justifies suspension of benefit payments
2010-07-26
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In Massachusetts, an employee who refuses to submit to an IME or in any way obstructs it may have his compensation suspended.
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Termination linked to advocating for injured workers doesn't violate policy
2010-07-22
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In Iowa, there is no public policy that protects from termination an at-will employee who advocates internally for the workers' compensation claim of a fellow employee.
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Causation finding in workers' comp case has no impact on third-party suit
2010-07-22
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While workers' compensation adjudications may be given preclusive effect in some instances, the Utah Supreme Court declined to allow the third-party defendants to use the workers' compensation finding on the issue of causation to block the employee from relitigating that issue in her personal injury suit.
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Impact of air quality on ability to return to work must be clarified
2010-07-19
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Once an employee presents sufficient evidence to trigger the presumption of compensability, the employer can rebut that presumption only by presenting evidence that is "specific and comprehensive enough to sever" the connection between the disability and the work-related event.
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Worker injured while supervising third party's construction project can sue
2010-07-19
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The Minnesota Workers' Compensation Act prohibits workers from obtaining benefits from their employers and initiating lawsuits against third parties for workplace injuries. However, the law does not prevent such suits when the worker is not working on the same project or performing the same work as the third party.
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Obesity linked to compensable injuries clears path for gastric bypass surgery
2010-07-19
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Where the claimant's substantial weight gain is attributed to a sedentary lifestyle linked to his compensable injuries, and the medical evidence establishes that the claimant's pain was exacerbated by his obesity, he may be entitled to reimbursement for gastric bypass surgery.
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Unvested nature of benefits opens door for new wage calculation
2010-07-15
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The value of an employee's health care benefits should not be included in the average weekly wage calculation unless the benefits have vested and have a real present-day value to the employee at the time of the injury.
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Employer's ability to reopen settled claim thwarted by time limit
2010-07-15
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While a settlement agreement may provide the employer a right to reopen the claim if the employee returns to work at the same or greater wages, that right is subject to the applicable four-year limitation period.
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