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Allocation of benefits excludes nonresident spouse
2010-04-19
In Iowa, when a worker dies leaving two spouses, the spouse living in the U.S. receives the compensation to the exclusion of the other spouse who otherwise might have been eligible for benefits. However, the benefits will be equitably apportioned between the resident spouse and the dependent children.


Oregon: Division seeks input on vocational assistance rule
2010-04-19
The Workers' Compensation Division issued a request for rules issues and recommendations to all interested parties regarding OAR 436-120, Vocational Assistance to Injured Workers.


Worker's surgery ends period of 'unreasonable refusal'
2010-04-15
Under Michigan law, reinstatement of disability benefits is required when an employee ends a period of unreasonable refusal of work.


Aide's injuries on way to client's house don't meet exceptions
2010-04-15
In Pennsylvania, an injured employee may be eligible for benefits if she is injured travelling to or from work if she meets four requirements.


Despite release, worker wins fees for medical services dispute
2010-04-12
In Oregon, a worker may be awarded attorney's fees in a medical services dispute even if a claim disposition agreement includes a release of the worker's right to attorney's fees.


High court detours negligence suit back to WC commission
2010-04-12
The Workers' Compensation Commission must decide whether a person is immune as an employer under the WCA.


Injured employee must show adverse action to support discrimination claim
2010-04-08
An employee asserting a claim under the ADA or related laws must be able to show that he qualifies as disabled at the time of an alleged adverse action, regardless of whether he met the definition of disability at another time.


Unauthorized purchases with company credit card nix further benefits
2010-04-08
In Florida, where an employer presents credible evidence that a worker was terminated for cause and JCC finds a worker's denial of wrongdoing was false and made for the purpose of continuing workers' compensation benefits, the worker will be barred from receiving further benefits.


Intent to provide dual insurance coverage needs clarification
2010-04-05
Massachusetts law provides a carve-out provision to the workers' compensation exclusivity bar. Under the carve-out provision, the bar does not apply to underinsured motorist or other coverage that the employer purchased to provide employees with additional protection for damages caused by underinsured drivers.


California: 2 hearings scheduled on billing standards
2010-04-05
The Division of Workers' Compensation issued a notice of rulemaking and announced public hearings for the adoption of provisions requiring standardized paper billing forms and electronic billing standards.


Migrant worker required to live on premises awarded benefits
2010-04-05
In South Carolina, where the nature of the work requires an employee to live on the employer's premises and the employee is injured while making reasonable use of the premises, the injury may arise out of and in the course of employment.


After foiled attempt to deny benefits, Wal-Mart entitled to subrogation credit
2010-04-01
According to Kentucky law, an injured worker can pursue a simultaneous civil action against a third party and a workers' compensation claim against his employer, but the employer has a right to subrogation against the proceeds recovered in the civil action that duplicate the workers' compensation benefits.


Volunteer police officer fails to show he is city employee
2010-04-01
Under Texas law, a person is not an employee and not entitled to workers' compensation if he is in the service of a political subdivision and is paid on a piecework basis or on a basis other than by the hour, day, week, month or year.


Washington: DLI changes concrete, masonry construction standards
2010-04-01
The Washington State Department of Labor and Industries announced changes to WAC 296-155 Part O, via expedited rule.


Lifting restriction doesn't support ADA, Rehab Act claims
2010-03-29
A simple lifting restriction that prevents an employee from performing some of his duties but does not preclude him from working a broad range of jobs does not create a disability under the ADA or Rehabilitation Act.

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