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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.

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.

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.

Under Louisiana law, an employer can be vicariously liable for the intentional acts of coworkers that cause injury to another employee.

A suspension of benefits is available without a showing of actual job availability where a claimant has voluntarily removed herself from the workforce.

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.

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.

Arkansas law defines 'objective findings' as 'those findings which cannot come under the voluntary control of the patient.'

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.

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.

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.

An employer that claims an employee voluntarily left her employment by violating work rules has the burden of establishing that the claimant actually committed the offense.

In order to establish the compensability of an injury that occurs between a parking lot and work site, the claimant must prove: 1) that the employer controlled the parking area; and 2) that he took a reasonably direct route from the parking area to his work site.

The Division of Workers' Compensation held a public hearing on Feb. 9 to afford all interested persons an opportunity to be heard prior to the adoption of proposed amendments to the Workers' Compensation Rules of Procedure, 7 C.C.R. 1101-3.

New regulations and forms used in the agreed medical evaluator/qualified medical evaluator process were approved by the Office of Administrative Law and filed with the Secretary of State on Jan. 13.

In Indiana, an employee with a second job may not be able to recover medical benefits for an auto accident that occurred during his second job.