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Worker can't show difficult boss caused bipolar disorder
2009-07-20
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In New Jersey, mental disabilities are compensable when they arise out of job-related related stress and anxiety.
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Nevada corrects maximum average wage
2009-07-20
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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.
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Failure to prove employer knowledge of injury dooms clerk's claim
2009-07-16
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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.
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California: Hearing scheduled on amendment of regulations
2009-07-16
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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.
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Oregon: OSHA seeks to revise protection standards
2009-07-16
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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.
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Worker wins penalties, interest linked to lump-sum settlement
2009-07-16
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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.
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Liability insurer must defend suit for parking lot killing
2009-07-16
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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.
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Employer not entitled to reimbursement on second voluntary dismissal
2009-07-13
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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.
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Compensation for attendant care hinges on nature of services
2009-07-13
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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.
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Worker fails to show he was 'set up' and fired for filing claim
2009-07-13
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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.
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Carrier fails to prove back injury is recurrence rather than new injury
2009-07-09
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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.
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Paralegal time part of attorney's fees, not reimbursable cost
2009-07-09
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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.
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Bus, pedestrian collision doesn't qualify as abnormal condition
2009-07-09
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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.
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Texas: New rules for supplemental income benefits go into effect
2009-07-09
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In March, the Commissioner of Workers' Compensation adopted new requirements for injured employees applying for supplemental income benefits.
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Florida: DWC releases wage loss discount factor tables
2009-07-09
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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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