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Dancing at Christmas party casts doubt on disabling knee injury
2009-05-11
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.


Extensive history of back injury eclipses worker's PPD claim
2009-05-07
Where credible medical evidence indicates that the claimant's back problems are related to a degenerative condition and prior back injuries rather than to a specific work injury she may not be entitled to permanent disability benefits.


Driver's activities restrict him to workers' comp claim
2009-05-07
Under South Carolina law, where a worker's activities satisfy any of three tests to make him a statutory employee of a contractor, his exclusive remedy for an on-the-job injury is workers' compensation.


Massachusetts division modifies comp benefits form
2009-05-07
The Division of Industrial Accidents advised that effective April 9 the Form 113 - Agreement to Pay Compensation has been modified.


State OSHA amends equipment standard
2009-05-07
Oregon OSHA is amending its standards to add language clarifying that the personal protective equipment and training requirements impose a compliance duty to each and every employee covered by the standards and that noncompliance may expose the employer to liability on a per-employee basis.


Injury that occurs while buying cake may be compensable
2009-05-07
In California, an act of personal convenience will be considered in the course of employment so long as it is reasonably contemplated and provides some benefit, no matter how minimal, to the employer.


Carrier must pay lump-sum benefits despite missing signature
2009-05-04
In North Carolina, a settlement agreement that is drafted by an insurance carrier's attorney will be binding on the carrier where the evidence indicates the carrier negotiated with the claimant and instructed the attorney to draft the agreement.


Employer must continue TTD benefits until MMI reached
2009-05-04
Under Ohio law, an employee's temporary total disability benefits will not be automatically terminated upon a doctor's declaration that she is permanently unable to return to her former position, when she has not reached MMI.


Employee beats statute of limitations exclusion through questionnaire form
2009-04-30
An employee who does not submit a formal charge of discrimination with the EEOC within the statute of limitations, but who commenced the complaint process in timely fashion through a sufficiently complete EEOC questionnaire form, may still have his claim considered by a court.


Florida: Workshop focuses on self-insurers
2009-04-27
The Division of Workers' Compensation, Bureau of Monitoring and Audit held a rulemaking workshop on Feb. 16 on proposed rule 69L-5, F.A.C., Rules for Self-Insurers Under the Workers' Compensation Act.


Hearing on premium surcharge rate held in Colorado
2009-04-27
Notice was given of a public hearing on the adoption of proposed amendments to the Workers' Compensation Rules of Procedure, 7 C.C.R. 1101-3.


Vermont: Rule to make mediation top option
2009-04-27
The Workers' Compensation and Safety Division has proposed Rule 27.000 -- Mediation.


New York: New dental fee schedule goes into effect
2009-04-27
The Chair of the Workers' Compensation Board adopted a dental fee schedule by regulation effective March 1.


Oregon OSHA adopts federal electrical standard in general industry
2009-04-27
OSHA published a final rule revising its electrical installation standard for general industry on Feb. 14, 2007.


Property manager's fatal accident during business trip not compensable
2009-04-23
Where an employee arrives a day or two early to spend personal time at her business trip destination, she is not a traveling employee during this early period.


Disability, not immigration status, causes loss of earnings
2009-04-23
As a matter of public policy, an illegal alien is not excluded from the definition of "employee" under the Pennsylvania Workers' Compensation Act.

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