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Employee's receipt of short-term disability benefits can't rescue late claim
2009-01-12
The Mississippi Court of Appeals upheld the dismissal of a forklift operator's workers' compensation claim on the grounds that it was untimely.


Judicial estoppel argument fails when positions aren't clearly inconsistent
2009-01-08
The U.S. District Court, Central District of California denied the employer's request to exclude evidence concerning the claimant's loss of earnings claim.


Adjuster's conduct unravels employer's statute of limitations defense
2009-01-08
The Kentucky Supreme Court held that a workers' compensation insurer's conduct reasonably induced the claimant to file his claim late. As a result, the insurer was estopped from asserting a statute of limitations defense.


Judge's failure to explain wage-earning capacity figure earns remand
2009-01-08
The Massachusetts Appeals Court vacated the amount of a partial disability award and returned the case for a "reasoned computation" of the award, as it was unclear how the administrative judge determined that the claimant had a weekly earning capacity of $975.


Suspicion of occupational disease isn't enough to trigger notice period
2008-12-16
The Pennsylvania Commonwealth Court upheld the Workers' Compensation Appeal Board's grant of the claimant's claim petition.


Employee can't connect heart attack to work-related epidural injection
2008-12-16
A Florida judge of compensation claims held that the claimant failed to prove that her emergency room treatment for a mild heart attack was caused by an injection treatment she received from her treating doctor.


Speculative medical testimony undermines full recovery finding
2008-12-16
The Pennsylvania Workers' Compensation Appeal Board reversed the workers' compensation judge's denial of the claimant's claim petition and the finding that the claimant fully recovered from his work injuries.


Supervisor's stop at restaurant before seminar blocks benefits claim
2008-12-16
A New York Workers' Compensation Board panel held that a county supervisor's motor vehicle accident did not arise out of and in the course of his employment. The supervisor detoured from his route to stop for breakfast.


Washington: Outdoor heat exposure
2008-12-01
During the development of WAC 296-62-095, Outdoor Heat Exposure, the Department of Labor and Industries received public comment from agriculture stakeholders who believed the adopted version of the rule should be included in Chapter 296-307 WAC, Safety Standards for Agriculture.


California: Fund assessment rates
2008-12-01
The Division of Workers' Compensation has posted the fiscal year 2008-09 assessment rates for the Workers' Compensation Administration Revolving Fund and other funds on its Web site.


California: Electronic Adjudication Management System
2008-12-01
The Division of Workers' Compensation adopted new court administrator regulations to support the EAMS, which have been approved by the Office of Administrative Law and filed with the secretary of state.


Chiropractor's interests should have been protected before settlement was approved
2008-12-16
The Alaska Supreme Court ruled that a chiropractor should have been given notice of a pending settlement between a workers' compensation claimant and her employer. It reversed decisions of the Workers' Compensation Board and Workers' Compensation Appeals Commission holding that the settlement barred the chiropractor's claim for payment.


7th Circuit OKs dismissal of suit for 'appalling' litigation conduct
2008-12-16
The 7th U.S. Circuit Court of Appeals held that the dismissal of an employee's suit against his former employer for injuries he sustained to his back was an appropriate sanction for the employee's misconduct throughout the case.


Employer should have looked at bigger picture before terminating technician
2008-12-16
The U.S. District Court, Middle District of Tennessee denied cross-motions for summary judgment in an employee's disability discrimination suit against his former employer.


Injury sustained while traveling home from physical therapy is compensable
2008-12-16
The Tennessee Supreme Court, Special Workers' Compensation Appeals Panel upheld the trial court's finding that the claimant's injury, sustained while she was returning home from receiving medical treatment for a compensable work injury, was likewise compensable.

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