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Ohio BWC to consider construction safety rules
2009-02-17
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Public hearing to discuss amendment to construction rules.
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Deadline looms for Indiana Take-Out Credit Program
2009-02-17
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The program allows a carrier to obtain credits against its Pool participation base by writing assigned risks voluntarily in the regular market.
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Judge can use discretion in calculating AWW where default would be unjust
2009-02-10
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In Colorado, a claimant's AWW may be calculated according to a discretionary exception to the default method of calculation.
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Work injury worsens osteoarthritis, yields benefits
2009-02-10
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In Tennessee, if a work injury advances the severity of a preexisting condition or if, as a result of the preexisting condition, the employee suffers a new, distinct injury other than increased pain, the work injury is compensable.
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Employer must reimburse mileage from 2 residences to doctor's office
2009-02-10
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Where the claimant resides for months at a time with different family members and the E/C pays his mileage from one of the family members' homes to his doctor's office, it may be ordered to pay mileage from another member's home even though that member's home is further away.
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Without contract of hire, volunteer can't secure WC for traumatic brain injury
2009-02-05
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Under New Hampshire's Workers' Compensation Law, an employee is defined as any person who works for an employer "under any express or implied, oral or written contract of hire."
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Employer's knowledge of injury excuses claimant's delayed notice
2009-02-05
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Under Kentucky law, an employee must give notice of a work-related accident to his employer as soon as practicable after the accident occurs. An employer's insurance carrier may be deemed the employer's agent or representative for purposes of the notice requirement.
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Federal immigration law does not bar PTD award to undocumented alien
2009-02-05
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The Immigration Reform and Control Act of 1986 does not prevent the Workers' Compensation Commission from awarding permanent total disability benefits to an undocumented alien.
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Presence of alcohol in claimant's urine taints version of events, defeats claim
2009-02-05
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In Virginia, when a claimant is injured while fighting with a coworker, the injury arises out of employment only when the claimant satisfies two elements.
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School board's unreasonable conduct warrants imposition of penalties, fees
2009-02-02
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A parish school board is not exempt from paying interest, penalties and attorney's fee awards for unilaterally discontinuing an eligible employee's workers' compensation benefits.
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Availability of WC remedy extinguishes wrongful death claim
2009-02-02
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In West Virginia, a worker or his representative may not sue the worker's employer or a coworker for wrongful death if the accident arose out of and in the course of employment unless he meets one of three statutory exceptions to immunity.
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Florida: DWC issues compliance guidelines
2009-02-02
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The Division of Workers' Compensation issued a Notice of Development of Rulemaking.
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California DWC reduces mileage rate
2009-02-02
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The Division of Workers' Compensation notified the workers' compensation community that the mileage rate for medical and medical-legal travel expenses decreased to 55 cents per mile.
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Physician may qualify as expert on issue of causation
2009-01-29
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In Texas, a trial court does not abuse its discretion by allowing a physician to testify as to the cause or progression of a workers' compensation injury.
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Housekeeper not a company employee, cannot obtain workers' compensation
2009-01-29
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A domestic employee is not entitled to workers' compensation benefits in Louisiana. The fact that she is paid by an entity rather than the couple who hired her does not change her eligibility for benefits.
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