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Second attempt at benefits still falls short, still wrong forum
2009-11-09
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In Hawaii, the director of the Department of Labor and Industrial Relations has exclusive jurisdiction to hear workers' compensation claims and to distribute funds from the special injury fund.
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Maryland WCC changes employee claim forms
2009-11-09
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The Maryland Workers' Compensation Commission announced changes to its employee claim form C-1 due to changes in technological requirements.
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Employee wins benefits despite positive drug test
2009-11-09
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Where a causal relationship between a drug's influence or intoxication and an employee's accident is not readily apparent, the employee can successfully rebut the presumption that the work injury was caused primarily by the influence of the drugs or alcohol.
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Successor employer rebuffs dual persona liability
2009-11-05
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Where an injured worker was an employee of a predecessor-in-interest company, he will not be able to overcome the workers' compensation exclusivity provision and sue the successor company for his injuries.
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Carrier's allegations fail to meet RICO standards
2009-11-05
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According to this court, allegations that an employer falsely claimed that a person was an "employee" in order to obtain workers' compensation benefits are not actionable as mail or wire fraud.
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Company name changes may not prevent reimbursement claim
2009-11-02
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In California, the phrase "original claimant under the insurance policy" can be interpreted broadly enough to include a successor entity that is the continuation of an original insured.
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Question of 'husband' or 'employee' sent to jury
2009-11-02
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In New Jersey, if an employee's injury is deemed compensable under the Workers' Compensation Act, a person will not be liable for the injury if the person is in the same employ.
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Maine: Board changes IME expense reimbursements
2009-11-02
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The Maine Workers' Compensation Board has adopted Rule Chapters 4(4)(1) and (2); 12(1); and 18(4).
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Date of awareness remains date of injury for airlines worker
2009-10-29
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In Oklahoma, the date of injury in a cumulative injury case is the date of awareness, and the "major cause" requirement that became effective July 1, 2005, cannot be applied retroactively to injuries.
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Massachusetts: Utilization review, quality assessment take effect
2009-10-29
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The Massachusetts Department of Industrial Accidents amended 452 CMR 6.00 to 6.07, Utilization Review and Quality Assessment, effective Aug. 21, 2009.
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California receives comments on emergency room services, return to work
2009-10-29
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The California Commission on Health, Safety and Workers' Compensation received public comment for two reports.
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Facts surrounding fall demonstrate reasonable employer contest of claim
2009-10-26
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The mere fact that an employer leases or even owns a parking lot or garage where the employee was injured does not determine whether a parking area is part of the employer's "premises."
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Washington: Hearing on reclassifications scheduled
2009-10-26
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The Washington State Department of Labor and Industries is considering revising classifications.
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Case involving job-related injury ping-pongs back to state court
2009-10-26
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When an employee who works for a company based in another state experiences disability discrimination connected to a work-related injury that is covered under state workers' compensation laws, his suit may need to remain in state court despite the employer's request for diversity jurisdiction in federal court.
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Ambiguous denial notice allows liability suit to proceed
2009-10-22
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Where an employer denies workers' compensation coverage on the ground that the employee's injury did not arise out of and in the course of employment, the employer will be prohibited from subsequently asserting the exclusivity of the Workers' Compensation Act.
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