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Arizona: Hearing set for physicians and pharmaceutical fee schedule
2010-06-03
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.


Fatal car accident after leaving work site falls outside scope of employment
2010-06-03
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.


New York: Updated billing procedure brings fines
2010-06-03
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.


Airline's safety violations clear path to pursue reimbursement
2010-05-27
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.


Narrow scope of release in workers' comp case allows discrimination suit to proceed
2010-05-27
Waiver language that is too narrow may leave the employer exposed to liability on issues it thought it had resolved.


Trip to vending machine breaks connection to employment
2010-05-27
If the employee is not performing employment services at the time of the injury, the injury may not be compensable.


Employer loses bid to show accident was caused by worker's intoxication
2010-05-24
The presumption that an employee's injury was caused by his intoxication does not arise when he is not offered a drug test.


Failure to perform light duty after surgery doesn't amount to bad faith
2010-05-24
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.


Maine: Subcontractor predetermination act takes effect
2010-05-24
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.


Conflicting testimony of back injury undermines worker's credibility
2010-05-20
Workers' compensation hearing examiners are allowed considerable discretion in weighing and deciding the credibility of witnesses.


Untimely notice of work injury to employer sinks claim
2010-05-20
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.


Washington: DLI clarifies section of window cleaning standard
2010-05-20
The Department of Labor and Industries has added language to the Window Cleaning Safety, Section 5.7.12.


Ohio's high court finds 'deliberate intent' standard constitutional
2010-05-17
The Ohio Supreme Court ruled the state law that imposes a "deliberate intent to cause injury" standard in an intentional tort action did not violate the Ohio Constitution.


Employer must pay worker's husband for prescribed attendant care
2010-05-17
The Georgia Workers' Compensation Act does not prohibit an injured worker's spouse or other family members from providing attendant care services as long as the services are medically prescribed and are reasonably required.


Broader interpretation of disability under ADAAA propels case forward
2010-05-13
The Americans with Disabilities Amendment Act took effect Jan. 1, 2009. Claims involving adverse employment actions that can be linked to an employee's actual or perceived disability will be assessed under the broader interpretation of the definition of disability.


Employer faces fraud damages for 'active misrepresentations'
2010-05-13
An employee's allegations that his employer made fraudulent misrepresentations concerning his workers' compensation claim do not arise out of and in the course of his employment, as the relief he seeks cannot be compensated by the Workers' Compensation Act.

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