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Worker wins 2nd bid to challenge Wal-Mart's postaccident policy
2009-08-21
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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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Voice mail too vague to satisfy injury-description requirement
2009-08-20
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In Pennsylvania, an employee is not required to give an exact diagnosis of a work-related injury but must give a reasonably precise description of the injury to put the employer on notice.
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Mechanic links staph infection to work injury despite diabetes
2009-08-20
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A period of more than six months between an employee's work injury and development of a staph infection will not bar a finding of a causal connection, especially where he suffered from a condition that made him more susceptible to an infection.
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Lack of evidence of permanent injury dooms claims for benefits
2009-08-17
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In Iowa, expert testimony is necessary to prove a mental injury is permanent and a reviewing deputy may not substitute his judgment for that of an expert.
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Exotic dancers considered employees, not independent contractors
2009-08-17
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In Montana, a court may assess penalties against an employer where the employer forced performers to enter contracts to avoid paying them wages and circumvent state wage laws.
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Workers can't recoup fees on specific treatment requests
2009-08-13
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In California, employees who challenge the type of care rather than the continuing necessity of the treatment are not permitted attorney's fees.
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Nevada changes Alternate Choice of Physician or Chiropractor form
2009-08-13
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The new version of the Form D-52, effective July 1, 2009, supersedes the previous version.
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Officer must show accommodation available to trigger interactive process
2009-08-10
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An employer's obligation to engage in the interactive process with an employee with a disability who is seeking reassignment does not automatically kick in.
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Worker's injury while battling vending machine merits benefits
2009-08-10
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In Illinois, an employee's injury sustained while assisting a coworker who is seeking personal comfort may occur "in the course of" employment under the "good samaritan doctrine," where the employee's conduct was reasonably foreseeable.
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Carrier can't compel worker to reimburse 'seed money' for annuity
2009-08-06
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Although the JCC has jurisdiction to determine whether a worker complied with the terms of a settlement agreement, the JCC's interpretation of the contract may not render essential terms meaningless and rewrite the agreement.
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Refusal to detox from pain meds justifies suspension of benefits
2009-08-06
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On a petition to suspend benefits, the employer must prove that the worker refused reasonable medical services.
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Ohio: Hearing to focus on provider fee schedule
2009-08-03
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The Bureau of Workers' Compensation will hold a public hearing on Tues., Aug. 11, 2009, at 2 p.m., in Room D, 3rd Floor, 30 West Spring Street, Columbus to consider amendment of Rule 4123-6-08 Bureau fee schedule.
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Professor's bid to merge permanent disability ratings denied
2009-08-03
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In California, combining permanent disability percentages for different injuries is no longer permitted.
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Florida: Hearing to focus on insurers' standards and practices
2009-07-30
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A hearing on the notice of proposed rulemaking of 69L-24, F.A.C., Workers' Compensation Insurers' Standards and Practices, will be held on Wed., Aug. 5, 2009, from 10 a.m. to noon in Room 104 J Hartman Bldg., 2012 Capital Circle SE, Tallahassee.
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Court upholds miner's $2 million wrongful termination award
2009-07-30
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In West Virginia, claims alleging wrongful termination and workers' compensation discrimination are not preempted by federal law where the claims do not require an interpretation of the collective bargaining agreement.
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Employee's acts on 9/11 don't qualify as 'rescue, recovery, and clean-up'
2009-07-30
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Under New York's amendment to its workers' compensation law in response to the terrorist attacks on 9/11, an employee's "volunteer" activities must fall into a category as defined in the law to be eligible for the extended filing date or to reopen claims that were previously denied for untimeliness.
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