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Employee secures benefits despite false Social Security numbers
2009-07-20
An employee is not barred from receiving workers' compensation benefits where evidence establishes that the employee provided false Social Security numbers to secure employment, not to obtain benefits.


Worker can't show difficult boss caused bipolar disorder
2009-07-20
In New Jersey, mental disabilities are compensable when they arise out of job-related related stress and anxiety.


Nevada corrects maximum average wage
2009-07-20
The Workers' Compensation Section issued an amendment to the computation of the state's maximum average monthly wage for FY 2010, for workers' compensation purposes, effective July 1, 2009.


Failure to prove employer knowledge of injury dooms clerk's claim
2009-07-16
In Idaho, an employer has actual knowledge of a psychological workplace injury if the employee also suffered "violence to the physical structure of her body" and the employer was aware of the physical injury.


California: Hearing scheduled on amendment of regulations
2009-07-16
The Division of Workers' Compensation proposes to amend regulations within Article 4, Subchapter 1 of Chapter 4.5 of Title 8, California Code of Regulations relating to health care organizations.


Oregon: OSHA seeks to revise protection standards
2009-07-16
The Oregon OSHA has issued proposed changes to the Worker Protection Standard in Agriculture, General Industry, and Forest Activities, OAR 437-004-6000 in Division 4/W.


Worker wins penalties, interest linked to lump-sum settlement
2009-07-16
Workers represented by counsel are free to negotiate, as part of a settlement agreement, for an increased benefit if the payment of settlement proceeds is late.


Liability insurer must defend suit for parking lot killing
2009-07-16
In Virginia, a general liability insurer's obligation to defend an action is shaped by a comparison of the insurance policy's terms and the claims made against the insured.


Employer not entitled to reimbursement on second voluntary dismissal
2009-07-13
If a self-insured employer and an employee settle and dismiss a claim, the employer is not entitled to reimbursement even if the settlement stipulates the claim was not compensable.


Compensation for attendant care hinges on nature of services
2009-07-13
In Arizona, the compensability of attendant care services depends on the nature of the care provided and not the status or identity of the service provider.


Worker fails to show he was 'set up' and fired for filing claim
2009-07-13
An employee's retaliation claim will likely falter where he fails to present evidence that filing the claim was a significant factor in the employer's decision to terminate him.


Carrier fails to prove back injury is recurrence rather than new injury
2009-07-09
In Arkansas, an injury may be considered a recurrence of an existing injury when the later complication is a natural and probable consequence of the prior injury.


Paralegal time part of attorney's fees, not reimbursable cost
2009-07-09
Because paralegal time falls within the ambit of attorney time, the attorney's fees paid as part of a lump-sum settlement include paralegal time.


Bus, pedestrian collision doesn't qualify as abnormal condition
2009-07-09
When an employee alleges a psychiatric injury, he must prove he was exposed to abnormal working conditions and that his psychological problems are not a subjective reaction to normal working conditions.


Texas: New rules for supplemental income benefits go into effect
2009-07-09
In March, the Commissioner of Workers' Compensation adopted new requirements for injured employees applying for supplemental income benefits.


Florida: DWC releases wage loss discount factor tables
2009-07-09
The Division of Workers' Compensation issued Informational Bulletin DFS-01-2009 (Wage Loss Discount Factor Tables) announcing that the tables have been prepared by the division.

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