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Employer entitled to full lien where evidence of exempt costs is insufficient
2009-03-12
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In Virginia, an employee has the burden of proving which costs are not subject to an employer lien, once it is established or uncontested that the employer is entitled to the lien.
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Time runs out for worker to reclassify injury as catastrophic
2009-03-12
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In Georgia, the statute of limitations for a change in classification from temporary total disability to catastrophic is two years.
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Nonresident alien beneficiaries not entitled to deceased worker's benefits
2009-03-12
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In Alabama, workers' compensation death benefits are available only to dependents who are "actually residents of the United States."
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Carrier's delay in paying benefits justified by duty to investigate claim
2009-03-09
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Under Mississippi law, an insurance carrier will not be found to have delayed payment in bad faith where it has a legitimate reason for the delay, the delay does not amount to a malicious or willful wrong, and the carrier never denied the compensability of the claim.
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Claimant's compensable vertigo condition causes further complications
2009-03-09
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Because the claimant's benign positional vertigo was previously found compensable, and medical opinion connected the two conditions, the JCC found the bilateral labyrinthine hypersensitivity covered by the workers' compensation statute.
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Questionable fitness-for-duty test implies discrimination by hotel
2009-03-09
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An employer will violate the ADA if it requires an employee to undergo a fitness-for-duty exam that involves tests or activities that are not related to the employee's essential job duties.
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History of depression hinders teacher's mental injury claim
2009-03-05
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An employer's liability for aggravation of a preexisting condition arises only when the employee has a dormant condition that becomes disabling because of the aggravating injury.
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Employer may be liable for coworkers' 'prank'
2009-03-05
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Under Louisiana law, an employer can be vicariously liable for the intentional acts of coworkers that cause injury to another employee.
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Voluntary removal from workforce supports suspension of benefits
2009-03-02
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A suspension of benefits is available without a showing of actual job availability where a claimant has voluntarily removed herself from the workforce.
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Off-premises injury fails to produce comp for hotel project manager
2009-03-02
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If an employee is injured after he leaves the employer's premises and while he is crossing a public highway, he is not entitled to WC benefits unless he establishes that he was fulfilling employment duties when the accident occurred.
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Truck driver survives employer's attempt to dismiss personal injury suit
2009-03-02
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Under California law, an employee must establish three essential elements in order to state a claim for personal injuries against his employer outside the workers' compensation system.
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Lack of objective medical findings results in reversal of award
2009-02-26
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Arkansas law defines 'objective findings' as 'those findings which cannot come under the voluntary control of the patient.'
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Claimant fails to link lung disease to chemical exposure at work
2009-02-26
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In Alabama, a claimant must demonstrate a link between the exposure to the chemicals used in his work and his development of the disease to prove a compensable occupational disease.
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Abnormal working conditions entitle school bus matron to mental injury award
2009-02-26
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To establish a claim for mental injury premised on work-related stress, the employee's stress must be greater than that which usually occurs in the normal work environment.
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Texas Supreme Court overrules decision holding 7 days to contest compensability
2009-02-23
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If the carrier fails to either begin payment of benefits or notify the Workers' Compensation Commission and the employee of its refusal to pay within seven days, the carrier may incur an administrative penalty, but not a complete waiver of its right to contest compensability.
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