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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."

The Bureau of Workers' Compensation board of directors adopted new fee schedules that will increase overall reimbursements to ambulatory surgical centers and vocational rehabilitation providers that treat injured workers.

The 6th U.S. Circuit Court of Appeals determined that Tyson reasonably based its decision on its belief that the medical records were falsified or altered.

In New Jersey, a teacher who sustains a work-related injury is not entitled to payment or reimbursement for compensation she would have received for extracurricular duties such as coaching.

In Nebraska, even though an employee may not be legally authorized to work, he may receive TTD benefits if his work injury is a factor in his inability to return to work.

The date of disability includes the first date the worker sought medical treatment for the injury without regard to his actual incapacity to work.

The Louisiana Court of Appeal affirmed a finding that an employee with a disability did not commit fraud in her dealings with her carrier-appointed sitters.

In Tennessee, an employee is not acting within the course of employment when she is going to or coming from work unless the injury occurs on the employer's premises.

In Ohio, the "chain of causation" approach is used to determine whether suicide was a proximate result of a work-related injury and therefore an exception to the rule that suicides are not compensable. However, Ohio courts have declined to extend the chain of causation approach to include accidental deaths caused by drug abuse.

In Utah, workers' compensation payments made to claimants receiving retirement benefits after the court published its Merrill v. Utah Labor Comm'n opinion on April 24, 2009, are not subject to a 50 percent reduction in benefits.

The Bureau of Workers' Compensation board of directors adopted new fee schedules that will increase overall reimbursements to ambulatory surgical centers and vocational rehabilitation providers that treat injured workers.