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Employer can recover WC costs from armed robber
2009-09-10
Under California's crime victims' compensation law, a business that incurs costs as a result of criminal conduct can recover the costs from the perpetrator.


Texas: Deadline for comments approaching quickly
2009-09-10
The Division of Workers' Compensation has prepared a working draft of rules and is accepting informal comments on amendments to 28 TAC 133.2, 133.10, 133.210, 133.500, 133.501 and 134.120 and the addition of 28 TAC 133.502, concerning paper medical billing, medical documentation, and electronic medical billing requirements.


California: Hearing to address subsection for piling material regulation
2009-09-10
The Occupational Safety and Health Standards Board will consider proposed revisions to Title 8, Construction Safety Orders of the California Code of Regulations, Div. 1, Chapter 4, Subchapter 4, Article 7, Section 1549, Piling Material at a public hearing to be held Sept. 17, 2009.


'Grassy area' not sufficient description to identify employer premises
2009-09-10
In Virginia, an employee may be able to show she sustained a compensable injury if she can establish the place she fell was a place where her employer had a "right of passage."


Letter not deliberate intent to harm; suicide is 'work-related traumatic event'
2009-09-03
In Kentucky, the timing of the employer's harmful conduct rather than the timing of the injury itself determines whether a worker's suicide arises out of and in the course of employment for purposes of applying the exclusive remedy of workers' compensation.


Driver must show officials knew he filed WC claim 7 years earlier
2009-09-03
In Illinois, an employee asserting a retaliatory discharge claim must establish those responsible for firing him knew about his workers' compensation claim.


Comp settlement prevents worker from pursuing discrimination claim
2009-08-31
The Rhode Island Supreme Court found that the language of the settlement agreement was clear and constituted a waiver of a manager's right to pursue all claims and demands against the employer.


Washington: Department proposes changes to rating system
2009-08-31
The Department of Labor and Industries has proposed changes to Chapter 296-17 WAC, General Reporting Rules, Audit and Recordkeeping, Rates and Rating System, for Washington Workers' Compensation insurance; Retrospective Rating.


Prorated salary does not preclude teacher from receiving TTD benefits
2009-08-31
In Ohio, a teacher who elects to prorate her salary over a 12-month period rather than the nine-month school year is not precluded from receiving TTD benefits during the summer months if she did not receive wages during that period.


Out-of-state move doesn't require labor market survey in new residence
2009-08-31
Employers are only required to prove work availability in an employee's "usual employment area." Employers do not have to conduct a labor market survey outside of the commonwealth when an employee subsequently moves.


Failure to work under authorized entity dooms shoe shiner's volunteer claim
2009-08-31
In order to qualify as a volunteer under the revised legislative order passed in response to 9/11, a worker must work for an authorized rescue entity or volunteer agency.


Coverage hinges on connection between overseas employees, state
2009-08-27
In New Jersey, a nonprofit organization is not required to provide workers' compensation coverage to teachers it hires in foreign countries.


Social Security disability finding not binding in WC claim
2009-08-27
Utah law expressly provides that evidence of an employee's entitlement to Social Security disability benefits does not create a presumption of an entitlement to workers' compensation benefits.


Evidence on inability to perform range of jobs missing in mechanic's case
2009-08-21
Under the ADA of 1990, an employee asserting a "regarded as" disabled theory of discrimination involving the major life activity of working must show that his employer considers him unable to work in a class or range of jobs other than his own.


Worker wins 2nd bid to challenge Wal-Mart's postaccident policy
2009-08-21
In California, an employer cannot single out an injured worker for disadvantageous treatment because of the industrial nature of the injury.

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