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Comp exclusivity provision fails to provide escape for premises owner
2009-06-11
A worker was not limited to suing the premises owner under workers' compensation law if a premises owner mandates that the independent contractor participate in a workers' compensation program, even an owner-controlled insurance program.


Insurance carriers must pursue constitutionality case in state court
2009-06-08
The abstention doctrine provides that federal courts should generally refrain from enjoining or otherwise interfering in ongoing state proceedings and allow the proceedings to go forward in state court.


Dental assistant fails to prove work caused her to contract hepatitis C
2009-06-08
If the claimant has several risk factors for contracting hepatitis C, this is strong evidence against a finding that work caused the claimant's condition.


Builder fails to connect cervical injury to rapid repetitive work
2009-06-04
In Arkansas, where an employee is attempting to establish a compensable rapid repetitive motion injury, the employee must present sufficient evidence that the alleged compensable injury is the major cause of the disability or need for treatment.


Claimant secures authorization for bariatric surgeon evaluation
2009-06-04
Where preexisting obesity is a hindrance to a claimant's recovery, the employer is responsible for treating the obesity in order to treat the compensable back injury. Under such circumstances, the employer may authorize a bariatric surgeon evaluation to determine whether gastric bypass surgery is a viable option.


Maryland finalizes crane safety regulation
2009-06-04
New crane safety regulations, Title 9, Department of Labor, Licensing and Regulation, Subtitle 12 Division of Labor and Industry, 09.12.26 Crane Safety, became a final action on April 6.


Machinist's asbestos caused his fatal esophageal cancer
2009-06-01
In a claim for work-related death benefits, a workers' comp panel can weigh the medical experts' opinions and is entitled to find one doctor's opinion more credible.


Comp act doesn't cover manager's back injury while bending to reach satchel
2009-06-01
An employee fails to show an increased risk of injury when he simply reaches for his satchel.


Worker's continuous poor performance, not retaliation, triggers termination
2009-06-01
An employee who files a workers' comp claim is not immune from being fired where there is evidence he had a history of poor work performance and warnings about his potential termination before he filed his claim.


South Carolina: Commission looks at examination fee
2009-06-01
The Workers' Compensation Commission is considering revising the fee for independent medical examinations.


Colorado: Hearing focuses on medical treatment guidelines
2009-05-28
The Division of Workers' Compensation will hold a public hearing addressing proposed amendments to the Workers' Compensation Rules of Procedure, 7 C.C.R. 1101-3 regarding Rule 17 - Exhibit 6, Lower Extremity Medical Treatment Guideline.


Award of disability retirement benefits not evidence of work-related injury
2009-05-28
In Connecticut, a decision of one administrative agency is not binding on another administrative body, and the court is not required to hear one body's determination as to cause of injury before issuing its opinion.


Witness discredits claimant's contention that he was assaulted by coworker
2009-05-28
Where a witness credibly testifies that a coworker did not physically assault the claimant, substantial evidence supports the rejection of the claimant's contention that he was injured by the coworker and the decision to deny benefits.


Failure to address football player's wage loss warrants remand
2009-05-21
Under Michigan law, a seasonal employee needs to link his wage loss to his work-related injury. He is not automatically disqualified from receiving benefits because the season has ended.


Employer must pay benefits during incarceration until conviction
2009-05-21
An employer cannot unilaterally discontinue a claimant's benefits while he is incarcerated but has not yet been convicted.


Colorado: Division schedules hearing on rules of procedure
2009-05-21
The Division of Workers' Compensation will hold a public hearing addressing proposed amendments to the Workers' Compensation Rules of Procedure, 7 C.C.R. 1101-3 regarding Rule 11 Division Independent Medical Examination, 11-11(A) Indigent Claimant - Update the Income Eligibility Guidelines for indigent claimants.

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