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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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OSHA seeks comment on chemical hazards
2009-10-22
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OSHA proposed modifications of its Hazard Communication Standards to conform with the United Nations' Globally Harmonized System of Classification and Labeling of Chemicals.
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Minnesota: Treatment parameters may be amended
2009-10-22
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The Minnesota Department of Labor and Industry is considering adopting rule amendments to the workers' compensation treatment parameters, Minnesota Rules, Parts 5221.6020 to 5221.8900.
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Bouncer loses benefit claim for injuries from brawl
2009-10-22
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A nightclub bouncer's action of chasing a patron out of the parking lot and then calling him back to fight falls outside the scope of his employment.
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Filed rate doctrine sinks business owner's unfair premium suit
2009-10-19
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The filed rate doctrine provides that an insured person may not claim damages on the ground that a rate approved by a regulator as being reasonable is nonetheless excessive because it is the product of unlawful conduct.
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Employer faces trial over indemnity, intentional tort claims
2009-10-19
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Although employers are generally immune from liability suits by injured employees, many states allow exceptions based on contractual indemnification agreements, or based on the intentional nature of the employer's conduct.
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Volunteer performing community service hours proves employment relationship
2009-10-19
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For purposes of New York's workers' compensation law, a volunteer who is performing work for the Salvation Army as community service for a criminal conviction is an employee of the Salvation Army.
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Casino dealer wins benefits for back condition
2009-10-15
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In Illinois, an orthopedic specialist's testimony that the employee's work duties aggravated a previous back injury, along with the employee's own supportive testimony, constitutes sufficient evidence of a work-related, repetitive stress injury.
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Texas: Department of Insurance one step closer to implementing legislation
2009-10-15
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The Department of Insurance has prepared a working draft of amendments to 28 TAC 19.1001-19.1007, 19.1009, 19.1011-19.1017, and 19.1019 and new 19.1024-19.1030, concerning Medicare-related product certification, small employer health benefit plan specialty certification, annuity certification, continuing education courses, and adjuster prelicensing education programs.
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Oregon: Rule would delete large deductible policies requirement
2009-10-15
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OAR 836-042-0085 is proposed to be amended to delete Subsection (4). The rule requires insurers writing large deductible policies to provide the Department of Consumer and Business Services, Insurance Division, with information on premiums, deductible credits, and reimbursements on a quarterly basis.
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Attorney's fees paid before carrier reimbursement in third-party action
2009-10-12
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In Texas, a carrier is entitled to reimbursement from the net amount recovered in a third-party action. A carrier whose interest is not actively represented by its attorney in a third-party action must pay a fee to the employee's attorney.
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