Newsletter Sign-up

In Pennsylvania, the purpose of issuing a formal notice of ability to return to work is to require the employer to share new medical information about a worker's physical capacity to work and its possible impact on existing benefits.

An investigator who is testifying regarding a surveillance DVD and report should become familiar with the investigation, review the investigative reports, and view the surveillance DVD before taking the stand.

In a bad faith claim, allowing the jury to decide an employee's underlying claim at the same time as the cross-claims of the employer and the carrier may result in muddled verdicts.

To be admissible in Vermont, scientific, technical, or other specialized evidence needs to be both relevant and reliable.

Rule 69L-7.602 was adopted and became effective on Jan. 12.

In Ohio, failure to submit the formal employee handbook to the court is not automatically fatal to an employer's voluntary abandonment claim.

In Kentucky, an employer cannot refuse to consider an otherwise qualified disabled employee for reassignment based on his inability to perform nonessential job functions.

In Michigan, the commission will not disturb the magistrate's decision to approve the treating doctor's recommended surgical procedure.

In a medical fee dispute in Texas, the workers' compensation commission or other deciding forum will defer to an agency's interpretation of its own rules unless that interpretation is plainly erroneous or inconsistent with the text of the rule or underlying law.

The Division of Workers' Compensation acting administrative director clarified how claims administrators must comply with utilization review and spinal surgery second-opinion process statutes and regulations in light of the Workers' Compensation Appeals Board's decision in Cervantes v. El Aguila Food Products, Inc., et al.

An employee who claims to be disabled by a work-related injury must be able to show a substantial limitation in a major life activity in order to be covered by the ADA.

The Workers' Compensation Section will hold a public hearing, via videoconference, on Feb. 16 at 9 a.m. regarding proposed regulations necessary to implement Assembly Bills 496 and 24 and Senate Bills 20 and 195.

The Division of Workers' Compensation will hold a public hearing on March 1 at 9 a.m. in the 2nd floor conference room, 633 17th St., Denver, regarding proposed amendments to Rule 2-5 of the Workers' Compensation Rules of Procedure, 7 CCR 1101-3.

In Virginia, if an employee has a permanent disability prior to the work accident, she is entitled to compensation only for the degree of incapacity which would have resulted from the accident if the earlier disability or injury had not existed.

In South Carolina, to show an injury arose out of employment, a worker must show that the causative danger was peculiar to the work and not "common to the neighborhood."