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Failure to send physician closure order dooms department's denial of claim
2009-10-08
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In Washington, when the Department of Labor and Industries fails to provide a worker's attending physician with a copy of the closure order and therefore prevents the physician from appealing the order, the worker's claim is not final until 60 days after the attending physician receives a copy of the order.
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Employer permitted to assert exclusivity defense despite denial of benefits
2009-10-08
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An employer's act of denying further benefits to an employee after discovering that the employee provided a fake Social Security number on his employment application does not bar the employer from asserting the exclusivity defense under the Workers' Compensation Act.
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Sewing instructor able to stitch CTS condition to employment
2009-10-08
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In North Carolina, a worker may be entitled to workers' compensation benefits if she can demonstrate that she suffers from a compensable occupational disease and was last injuriously exposed to the hazards of the disease while working for the last employer.
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Employer must pay for cook's weight-loss surgery
2009-10-08
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In Indiana, an employer may be required to pay for secondary medical treatment if it is necessary in order to treat the employee's work-related injury.
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Time on strike excluded from wage calculation
2009-10-05
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The Virginia Court of Appeals upheld a ruling that a worker¿s preinjury average weekly wage computation does not include the weeks when the worker was on strike.
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Corrected eyesight serves as baseline for determining total vision loss
2009-10-05
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In Ohio, a magistrate may use a worker's corrected preinjury visual acuity as the baseline for determining vision loss after an industrial injury.
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Refusal of return-to-work request raises questions for trial
2009-10-05
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Employers should be mindful that consistency in implementation of policies and treatment of employees is crucial to preventing discrimination claims.
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Failure to show fall from chair caused injuries undermines physician's opinion
2009-10-05
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In Colorado, a worker must first show that her impairment was caused by a work-related injury. An authorized treating physician's opinion alone does not establish a right to benefits.
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Officer terminated for absence control violation, not retaliation
2009-10-01
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In Texas, an employer can terminate an employee under an absence control policy if the policy is reasonable and is uniformly enforced on all employees.
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Commissioner not required to apportion causal responsibility for impairments
2009-10-01
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In Vermont, there is no requirement in the law that workers' compensation benefits and medical benefits be apportioned between a work-related injury and a preexisting disease or injury.
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Housekeeper maintains timely failure-to-transfer claims
2009-10-01
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In the 3d Circuit, a four-year statute of limitations applies to failure-to-transfer claims brought under the ADA and the Rehabilitation Act.
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PTSD does not meet criteria for occupational disease
2009-10-01
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A worker's stress resulting from exposure to a single traumatic event is adjudicated as an occupational "injury" rather than an occupational "disease" and the time for filing is not extended for such mental health conditions.
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Failure to show disability sacks football player's attempt at scoring benefits
2009-10-01
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Under Michigan law, a claimant establishes disability by proving a limitation in wage earning capacity.
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Retirement board not permitted to offset disability benefits with WC annuities
2009-09-28
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In Kentucky, annuities paid to a worker from a workers' compensation settlement are not considered monthly benefits and are therefore not included when calculating maximum disability benefits.
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Officer loses bid for vocational rehab due to change in law
2009-09-28
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In California, if a particular workers' compensation law is repealed while the litigation is pending, all pending actions are stopped, and the reviewing court must dispose of the case under the law in force when its decision is rendered.
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