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Worker establishes asthma as compensable disability
2009-12-14
In Michigan, a worker does not need to show that he was turned down by prospective employers because of his work-related condition to establish his injury reduced his wage-earning capacity.


Builder's lack of contractor status at time of injury precludes liability
2009-12-10
In Arkansas, the test for determining whether a builder is a prime contractor is whether there is a duty to a third party and whether all or part of that duty is subcontracted to another entity.


Firefighter's cardiac condition doesn't extinguish postretirement benefits
2009-12-10
In New York, retirement is not voluntary if a compensable permanent partial disability contributed to the firefighter's decision to retire, even if a noncompensable condition also played a significant role in that decision.


North Carolina: Processing fee for compromise settlement agreements due upon submission
2009-12-10
The North Carolina Industrial Commission adopted changes in costs for the filing of compromise settlement agreements.


Proper denial of benefits not bad faith decision
2009-12-07
In Indiana, an insurer may be held liable for bad faith in adjusting or settling a compensation claim. However, if the insurer properly denies a compensation claim, it has not acted in bad faith.


Lack of transportation to potential job is not 'largely irrelevant'
2009-12-07
A potential position is not available if the worker lacks transportation to the job.


Teacher claims explosion at school caused injuries; evidence falls short
2009-12-03
In New York, the court will defer to the Workers' Compensation Board's determination of witness credibility, when it is supported by substantial evidence.


Trucker's negligence claim against employer still gets WC treatment
2009-12-03
In Texas, when an employee brings a negligence suit against an employer that does not carry workers' compensation insurance, the suit still arises under the Workers' Compensation Act.


California agent is liable to insured for negligent policy procurement
2009-11-30
Where an insurance agent holds herself out as having expertise in a particular type of insurance and the insured relies on her representations, she may be liable for losses that resulted from her failure to advise the insured to carry workers' compensation insurance.


AJ did not exceed authority addressing harassment incident at hearing
2009-11-30
In Massachusetts, where an incident has been brought up continuously in an employee's workers' compensation claim and addressed in testimony by both sides, an administrative judge does not necessarily abuse his discretion by including it as part of the claim.


Prison guard gets 2nd chance to prove PTSD claim after assault
2009-11-30
In Alaska, when evaluating a pre-2005 claim for a mental injury caused by mental stress, the standard is whether a worker suffered "extraordinary and unusual stress."


Idaho Industrial Commission seeks addition to code
2009-11-30
The Idaho Industrial Commission proposed an addition to the Idaho Code 17.02.08.033, Rule Governing Approval of Attorney Fees in Workers' Compensation Cases.


Colorado: Rules for audio recordings during IME change
2009-11-30
The Division of Workers' Compensation adopted revisions to the Workers' Compensation Rules of Procedure 7 C.C.R. 1101-3. Rules 8-8 through 8-13 apply to claims filed on or after Aug. 5, 2009, in which the employer or insurer requires an independent medical examination pursuant to 8-43-404.


Unilateral suspension of benefits ends up costing employer
2009-11-23
In North Carolina, once an employer has accepted liability for a claim, its ability to unilaterally terminate a worker's benefits is very restricted.


Ride from office to work location doesn't implicate Ridesharing Act
2009-11-23
When an employer congregates its employees at its place of business and then transports them to the work site, the employees are considered to be in the scope of their employment during the ride and the Workers' Compensation Act applies.

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