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Aide's ability to work topples claim for permanent total disability benefits
2013-01-14
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In Ohio, the denial of PTD can be considered unjust only when it is made against a worker who is incapable of sustained remunerative employment.
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Insurer not entitled to reimbursement for life insurance proceeds
2013-01-14
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In Vermont, a workers' compensation carrier cannot seek reimbursement from life insurance payments paid to a deceased worker's beneficiaries.
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Knee injury, drug addiction claims fail to create ADA liability for hospital
2013-01-14
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Under the ADA, an individual with a disability is entitled to a reasonable accommodation, not the accommodation of her choice.
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Unsuccessful job search doesn't prevent supplemental earnings
2013-01-14
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In Louisiana, a worker's earning capacity can include the earnings she would have received from an available position for which she applied but was not selected.
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Worker fails to prove harassment caused mental disability
2013-01-14
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In Michigan, where a worker's complaints of constant harassment are not supported by the history he gave his therapists, and the evidence indicates that the worker's perceptions of the events at work are unfounded, the worker failed to prove a work-related mental disability.
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Surgery allowed for disk protrusion despite benefits to unrelated stenosis
2013-01-10
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In Ohio, a worker's request for surgery required for an allowed condition cannot be denied just because the surgery would also treat a condition not related to the work injury.
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Car accident after work incident doesn't end benefits for neck injury
2013-01-10
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In Kansas, a worker is entitled to reimbursement for an examination with a health care provider even if the same provider makes an impairment rating based on a different examination.
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Worker's failure to join second claim with first isn't fatal to claim
2013-01-07
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In Kentucky, an injured worker is not required to join her second workers' compensation claim against an employer with a first claim when a hearing was already held on the first claim.
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Reporting of symptoms after termination unravels claim
2013-01-07
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In Delaware, courts are not required to find that a worker's treating physician is more credible than other experts.
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Nominal, sporadic earnings unravel truck master's claim for PTD
2013-01-07
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In Louisiana, a worker's nominal earnings from sporadic employment will prevent him from recovering PTD benefits.
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Second employer escapes liability for finisher's spinal injury
2013-01-03
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In New Jersey, when a worker suffered only one compensable incident while working for a first employer but continued to experience pain while working for a second employer, only the first employer is liable for his disability.
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Comp nixed for worker's gastric bypass surgery
2013-01-03
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In Iowa, a worker can be entitled to reimbursement for unauthorized medical care if it provides a more favorable medical outcome than would likely been achieved by the employer.
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Worker's ability to perform light, sedentary work nixes PTD benefits
2013-01-03
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In Arkansas, an injured worker must prove that he is incapable of earning any meaningful wage to be entitled to PTD benefits.
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Worker entitled to TTD benefits despite nonwork-related Huntington's
2013-01-03
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In Louisiana, a worker is not entitled to benefits if he willfully makes a false statement or representation for the purpose of obtaining or defeating a benefit or payment.
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Technician's fall down stairs leads to benefits
2013-01-03
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In Missouri, an injury does not arise out of and in the course of employment if it comes from a hazard or risk to which the worker would have been equally exposed outside of work.
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