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Commissioner not required to apportion causal responsibility for impairments
2009-10-01
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.


Housekeeper maintains timely failure-to-transfer claims
2009-10-01
In the 3d Circuit, a four-year statute of limitations applies to failure-to-transfer claims brought under the ADA and the Rehabilitation Act.


PTSD does not meet criteria for occupational disease
2009-10-01
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.


Failure to show disability sacks football player's attempt at scoring benefits
2009-10-01
Under Michigan law, a claimant establishes disability by proving a limitation in wage earning capacity.


Retirement board not permitted to offset disability benefits with WC annuities
2009-09-28
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.


Officer loses bid for vocational rehab due to change in law
2009-09-28
In California, if a particular workers' compensation law is repealed while the litigation is pending, all pending actions are stopped, and the reviewing court must dispose of the case under the law in force when its decision is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.


Employee entitled to attorney's fees in appeal, but not as a sanction
2009-09-28
The award of attorney's fees is permitted regardless of whether the employer had reasonable grounds for bringing the appeal.


Failure to certify comp award leaves worker's claim in the cold
2009-09-28
In Oklahoma, an injured worker must certify with the court that his workers' compensation award was unpaid before he can proceed in the District Court on a claim against a carrier for its failure to exercise its duty of good faith and fair dealing.


Well owner can't show oil worker was a borrowed servant for WC exclusivity
2009-09-28
In Texas, a subcontractor, already working under a general contractor, can be also considered an employee or "borrowed servant" of a third party for purposes of applying the exclusivity provision of the Workers' Compensation Act.


Coal miner's 2nd claim for benefits justified by material change in condition
2009-09-25
In the 7th Circuit, where a miner's black lung benefits claim was denied in an initial application, he can still receive benefits if he can demonstrate a material change in one of the conditions in a subsequent application.


California: Hearing on regulations scheduled for Oct. 8
2009-09-25
The Division of Workers' Compensation has proposed to amend regulations within Article 3.5, Subchapter 1 of Chapter 4.5 of Title 8, California Code of Regulations, commencing with Section 9767.3, relating to Medical Provider Networks.


Disfigurement doesn't allow for concurrent benefits
2009-09-25
In Pennsylvania, where medical treatment for a work injury aggravates an existing disability or causes a new or additional injury, the injury is deemed to have been caused by the original work injury.


Employer loses bid to stop payment of benefits
2009-09-25
Where a stipulation between the employer and employee clearly establishes an ongoing obligation on the part of the employer to provide nursing care until there is a showing of a change in circumstances, the burden is on the employer to show such circumstances have changed.


Construction worker fails to build convincing case that he is aggrieved
2009-09-25
Where the WCLJ accepted the worker's doctor's opinions in rendering a schedule loss of use award, the worker is not aggrieved from the WCLJ's decision.


Postinjury employment doesn't limit increase in benefits
2009-09-16
In Arizona, a worker's benefits award may be rearranged on the basis of any change, physical or otherwise, that is related to the worker's earning capacity.


Meager records fail to assist truck driver's claim for benefits
2009-09-16
In Virginia, an injury does not necessarily arise out of the employment merely because it occurred during the performance of some employment duty if the act performed by the employee is not a causative hazard of the employment.

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