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Phlebotomist's claim toppled by lack of temporary total disability finding
2012-11-26
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.


Coworker not liable for shooting worker during course of employment
2012-11-26
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.


Manager's termination in retaliation for claim justifies increased benefits
2012-11-19
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.


Spinal cord stimulator deemed less safe treatment
2012-11-19
In Washington, the Department of Labor and Industries cannot authorize treatment by a spinal cord stimulator as necessary and proper medical treatment.


Borrowing employer's van doesn't make collision compensable
2012-11-19
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.


Bartender's untaxed tips included in calculation of average wage
2012-11-15
In Nevada, a worker's average monthly wage calculation includes the untaxed tip income that he reported to his employer.


Attendant's wipeout while retrieving school materials not compensable
2012-11-15
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.


ALJ's misapplication of unexplained death presumption warrants remand
2012-11-15
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.


Pain only after accident proves aggravation of disk disease
2012-11-12
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.


Psychiatrist's opinion doesn't justify refusal of suitable employment
2012-11-12
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.


Redskins' punter can collect benefits in Maryland despite contract terms
2012-11-12
A forum selection clause in an employment contract cannot waive a worker's right to receive workers' compensation benefits due in Maryland.


Benefits extinguished for unemployed volunteer firefighter
2012-11-01
In Kentucky, a volunteer firefighter who is otherwise unemployed and has no regular employment is not entitled to income benefits.


Claim timely filed within 2 years of fatal heart attack
2012-11-01
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.


Cleaner's use of helpers indicates independent contractor status
2012-11-01
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.


Differing accident dates don't foil claim but block penalties
2012-11-01
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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