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Trucker's failure to secure employer's consent to settlement ends further benefits
2010-06-10
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Under Indiana law, an employer's liability for an employee's workers' compensation benefits terminates if the employee settles a claim against a third party for the same injury without first obtaining the employer's consent to the settlement.
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Alleged scheme to deny workers' comp doesn't give rise to RICO liability
2010-06-07
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A violation of the administrative duties of the Workers' Disability Compensation Act, even when fraudulent, does not amount to mail or wire fraud sufficient to give rise to RICO liability.
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Colorado: Division schedules hearings, makes proposed changes available
2010-06-07
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The Division of Workers' Compensation will hold public hearings prior to the adoption of proposed amendments to the Workers' Compensation Rules of Procedure, 7 C.C.R. 1101-3 Sections 8-47-107, 8-44-112 and 8-46-102.
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Personal animosity defeats assertion that assault was work-related
2010-06-07
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The Kentucky Workers' Compensation Act does not authorize compensation for injuries that are "merely contemporaneous or coincident with the employment or collateral to it." Compensation will be awarded only where the employee establishes a direct causal connection between the employment and the injury.
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Employment relationship with airline derails personal injury suit
2010-06-03
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Under Massachusetts law, an employer is entitled to immunity from personal liability when the injury occurs in the scope of employment.
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Arizona: Hearing set for physicians and pharmaceutical fee schedule
2010-06-03
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The Industrial Commission proposed an updated fee schedule for medical and pharmacy to incorporate changes from the American Medical Association's 2009 edition of the CPT-4 and review the values of new and selected codes from surgery, radiology and special services.
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Fatal car accident after leaving work site falls outside scope of employment
2010-06-03
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An employer's act of occasionally assisting in arranging who drives to a work site is insufficient to place an employee's travel to and from work within the course of employment.
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New York: Updated billing procedure brings fines
2010-06-03
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The Workers' Compensation Board has begun assessing procedural penalties to any parties or regulated entities who fail to comply with the state's workers' compensation statutory or regulatory provisions.
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Airline's safety violations clear path to pursue reimbursement
2010-05-27
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Where there is a factual question as to whether the lack of safety guards caused injury to the contractor's employee, the workers' compensation carrier for the contractor may pursue a claim for subrogation against the airline.
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Narrow scope of release in workers' comp case allows discrimination suit to proceed
2010-05-27
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Waiver language that is too narrow may leave the employer exposed to liability on issues it thought it had resolved.
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Trip to vending machine breaks connection to employment
2010-05-27
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If the employee is not performing employment services at the time of the injury, the injury may not be compensable.
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Employer loses bid to show accident was caused by worker's intoxication
2010-05-24
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The presumption that an employee's injury was caused by his intoxication does not arise when he is not offered a drug test.
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Failure to perform light duty after surgery doesn't amount to bad faith
2010-05-24
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A worker who was medically released for two weeks does not commit bad faith by failing to perform light duty when he was unaware that his physician issued an updated release directly to the employer.
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Maine: Subcontractor predetermination act takes effect
2010-05-24
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Legislation intended to simplify the predetermination application process for construction subcontractors, L.D. 1815, "An Act To Clarify the Construction Subcontractor Status of the Maine Workers' Compensation Act of 1992" is now in effect.
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Conflicting testimony of back injury undermines worker's credibility
2010-05-20
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Workers' compensation hearing examiners are allowed considerable discretion in weighing and deciding the credibility of witnesses.
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Untimely notice of work injury to employer sinks claim
2010-05-20
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To prove that the employer was given notice of an injury, the claimant must show that the employer knew or was informed of the injury and that it was work-related.
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