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Award of disability retirement benefits not evidence of work-related injury
2009-05-28
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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.
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Witness discredits claimant's contention that he was assaulted by coworker
2009-05-28
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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.
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Failure to address football player's wage loss warrants remand
2009-05-21
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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.
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Employer must pay benefits during incarceration until conviction
2009-05-21
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An employer cannot unilaterally discontinue a claimant's benefits while he is incarcerated but has not yet been convicted.
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Colorado: Division schedules hearing on rules of procedure
2009-05-21
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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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Permanent work-related injury disqualifies employee from ADA coverage
2009-05-18
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An employee who sustains a work-related injury and is unable to perform essential functions of his job as a result may not qualify for coverage under the ADA because he is no longer a qualified individual as defined by the statute.
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Dispute over insurance premium keeps case in court
2009-05-18
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When an employer and a carrier dispute the amount of premium the employer owes on a workers' comp insurance policy, and the carrier cancels a second policy due to the employer's refusal to pay the premium on the first policy, there is an issue concerning whether the employer breached the contract which may be considered by a court.
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Employer's prolonged delay waives exclusive remedy defense
2009-05-14
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Under New York law, an employer waives the exclusive remedy defense if it waits until after "the point of final disposition" to raise the defense. This is especially true if another party will be prejudiced by the late assertion.
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Medical evidence allows sheriff's office to overcome 'firefighter's presumption'
2009-05-14
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A higher standard of evidence does not apply to the employer where the claimant fails to present additional evidence or arguments to support the "firefighter's presumption" that his injury was work-related.
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Premises owner's role as general contractor blocks liability
2009-05-14
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A premises owner who acts as its own general contractor and provides workers' compensation coverage to subcontractors can avail itself of general contractor status and thus is entitled to the exclusive remedy defense under the Texas Workers' Compensation Act.
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Welder fails to prove work-related lung disease by contradicting doctors
2009-05-14
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When there are two conflicting medical opinions about the cause of an employee's medical condition, the hearing officer is free to determine one expert's opinion is more persuasive as long as the determination is not arbitrary, capricious or otherwise not in accordance with the law.
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Policy violation, not discrimination, moves company to discharge trucker
2009-05-11
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When an employee, who belongs to a protected group, violates company policy that is consistently enforced against the entire workforce, he must be able to show some evidence of discriminatory animus in order to prove a claim of discriminatory discipline rather than retaliation.
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Fact that employer accepted liability in WC case is evidence in harassment suit
2009-05-11
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In California, when an employer accepts a claim as compensable and pays benefits related to a former employee's allegations of sexual harassment, a jury may consider this evidence in deciding whether to award monetary damages for the employee's mental injuries.
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Contractor's carrier on hook for subcontracting employee's injuries
2009-05-11
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In Utah, a subcontractor's employee may be considered an employee of a contractor -- obligating the contractor's insurance carrier to pay workers' compensation benefits -- when the contractor procures the subcontractor's services, has supervision or control over the work performed, and is in the same trade or business that the contractor performs.
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Dancing at Christmas party casts doubt on disabling knee injury
2009-05-11
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A claimant bears the burden of proving she suffered a disabling work injury. If the causal connection between the work and injury or work injury and disability is not obvious, the relationship must be established with unequivocal medical testimony.
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