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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.

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.

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.

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.

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.

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.

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.

The Division of Industrial Accidents advised that effective April 9 the Form 113 - Agreement to Pay Compensation has been modified.

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.

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.

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.

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.

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.

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.

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.