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Date of first medical treatment starts the clock for injured worker
2010-02-08
The date of disability includes the first date the worker sought medical treatment for the injury without regard to his actual incapacity to work.


Request for half of caretaker's salary doesn't amount to fraudulent conduct
2010-02-04
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.


Driver injured on leased premises will not receive WC benefits
2010-02-04
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.


Prescription drug overdose bars widow's claim
2010-02-04
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.


Decision regarding unconstitutional offset law given retroactive effect
2010-02-01
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.


Ohio: Board increases fee schedules
2010-02-01
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.


Testimony supports finding of HSV exposure almost 30 years ago
2010-02-01
The fact that an employer's records do not document a specific incident that resulted in an injury does not necessarily prove that the incident did not occur.


Carrier permitted to intervene before jury trial
2010-01-28
In Georgia, a court may allow an insurance carrier to intervene in a worker's lawsuit where the carrier has an interest and its ability to protect its subrogation rights would be impaired by the outcome of the case.


Conflicting facts cannot support technician's ADA, FMLA, WC claims
2010-01-28
In the 5th Circuit, a history of disciplinary and performance problems can undermine an employee's claims of disability discrimination once an employer decides to discharge the employee.


Wife receives half of WC settlement in dissolution of marriage
2010-01-28
In dissolution of marriage proceedings, a court must divide workers' compensation benefits like other marital property.


Possibility of failure does not remove retaliation claim from court's jurisdiction
2010-01-25
In Texas, a case "arises" under workers' compensation law from the instant it becomes clear that the worker will have to invoke, explain and apply workers' compensation law. An antiretaliation suit arises under state workers' compensation law and must be brought in state court.


Exceptional reasons require stuntman's wages to be recalculated
2010-01-25
In North Carolina, where there are exceptional reasons making the usual method of computing AWW unfair to the employer or employee, the commission can use another method that will most nearly approximate the amount the injured employee would be earning if it was not for the injury.


Carrier's attempt to replace hand doctor falls short
2010-01-21
Although circumstances can make locating a willing physician difficult, difficulty alone does not relieve a carrier of its obligation to provide an injured worker with reasonable and necessary medical care.


Worker proves joint employment with vendor, State of Illinois
2010-01-21
In Illinois, where a vendor and the state control aspects of the employee's work and benefit from his services, both parties are liable as joint employers under the Workers' Compensation Act.


Problems with work release justify delayed return to work
2010-01-18
Under California law, to show that an employer discriminated based on a work-related injury, the employee must demonstrate that the employer would have treated a worker who suffered a nonwork-related injury differently. An action that is detrimental to an employee does not necessarily mean that the employer singled out the employee for discrimination based on the nature of his injury.


Manager fails to connect termination to discrimination
2010-01-18
An employer is not required to grant a disabled employee an indefinite leave of absence as an accommodation.

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