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Phlebotomist's claim toppled by lack of temporary total disability finding
2012-11-26
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In Oklahoma, a worker who never received temporary total disability benefits cannot prevail on a claim that he was subjected to retaliation when he was terminated during a period of temporary total disability.
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Coworker not liable for shooting worker during course of employment
2012-11-26
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In Georgia, a coworker is not protected from a suit brought by an injured worker unless the coworker was acting in the course of employment when he injured a worker.
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Manager's termination in retaliation for claim justifies increased benefits
2012-11-19
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In Tennessee, a worker who is terminated in retaliation for a workers' compensation claim does not have a meaningful return to work and is entitled to benefits at the statutory maximum of six times the medical impairment rating.
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Spinal cord stimulator deemed less safe treatment
2012-11-19
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In Washington, the Department of Labor and Industries cannot authorize treatment by a spinal cord stimulator as necessary and proper medical treatment.
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Borrowing employer's van doesn't make collision compensable
2012-11-19
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In New York, an employer's act of providing permission on one occasion to take home the employer's vehicle does not raise the issue of a frequent and regular practice of providing transportation to its employees.
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Bartender's untaxed tips included in calculation of average wage
2012-11-15
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In Nevada, a worker's average monthly wage calculation includes the untaxed tip income that he reported to his employer.
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Attendant's wipeout while retrieving school materials not compensable
2012-11-15
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In Alabama, a worker's injury while walking to her car after the end of her shift is not compensable if she was not attempting to leave work and was retrieving nonwork-related items from her car.
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ALJ's misapplication of unexplained death presumption warrants remand
2012-11-15
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In Georgia, the unexplained death presumption can arise when the worker becomes ill at his place of employment and later dies from the illness at the hospital.
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Pain only after accident proves aggravation of disk disease
2012-11-12
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In Kansas, evidence that a worker only began to experience problems related to a preexisting condition after a work accident can show that the accident aggravated her preexisting condition.
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Psychiatrist's opinion doesn't justify refusal of suitable employment
2012-11-12
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In North Carolina, "suitable employment" is any job that a worker is capable of performing considering her age, education, physical limitations, vocational skills, and experience.
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Redskins' punter can collect benefits in Maryland despite contract terms
2012-11-12
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A forum selection clause in an employment contract cannot waive a worker's right to receive workers' compensation benefits due in Maryland.
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Benefits extinguished for unemployed volunteer firefighter
2012-11-01
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In Kentucky, a volunteer firefighter who is otherwise unemployed and has no regular employment is not entitled to income benefits.
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Claim timely filed within 2 years of fatal heart attack
2012-11-01
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In Connecticut, a two-year filing period applies for the dependents of workers who suffer a work-related accident and death on the same day.
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Cleaner's use of helpers indicates independent contractor status
2012-11-01
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In New Jersey, an employer-employee relationship exists when the employer retains the right to control what work is done and how the work is done.
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Differing accident dates don't foil claim but block penalties
2012-11-01
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In Louisiana, a worker who suffers a work-related injury that immediately manifests itself but only later develops into a disability must file a claim within one year from the development of the disability.
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