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Wal-Mart employees get class action certified in medical care suit
2010-06-21
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Under the federal rules of civil procedure, a class action may be certified if several requirements are satisfied.
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Clock starts running when injury becomes apparent
2010-06-21
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The Louisiana Workers' Compensation Act gives workers one year after the date of injury to file a claim for benefits if the injury develops immediately.
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Injury during on call towing job is in course of employment
2010-06-21
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The key issue in determining whether an employee is in the course of employment is whether the employee is injured while actually engaged in the furtherance of the employer's business or affairs.
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Absolute immunity doesn't apply to examining doctor's independent medical exam reports
2010-06-17
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WCA hearings are the functional equivalent of judicial proceedings, and therefore, participants benefit from the same protections as participants in judicial trials.
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Minimal vocational impact diminishes permanency award
2010-06-17
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Where an employee's hearing loss did not limit his ability to perform his job, did not cause him to miss work, and he was able to secure another job after retiring, the panel may modify the trial court's award of permanent partial disability benefits.
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Surveillance video, inaccurate medical history cast doubt on claim
2010-06-14
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When video surveillance contradicts the medical history provided by the injured worker, she has not met her burden of establishing that her current symptoms are causally related to an old work injury.
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Employee may seek comp benefits for neck injury during company outing
2010-06-14
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An employee who is injured in Ohio while engaging in horseplay may receive workers' compensation benefits if the horseplay was commonly carried on by employees with the knowledge and consent or acquiescence of the employer.
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California: DWC discusses ambulatory surgical center fees
2010-06-14
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The Division of Workers' Compensation held a stakeholder meeting May 27 to discuss drafting regulations regarding ambulatory surgical center fees.
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Employer's bid to dole out responsibility for worker's disability falls flat
2010-06-10
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In North Carolina, where doctors' opinions do not indicate how much of a worker's disability was caused by the workplace injury, apportionment is improper because it is too speculative.
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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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