Workers' Compensation
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Illegal Immigrants Covered by Nebraska Workers' Comp System: Court
Those courts concluded that denying workers comp benefits to illegal immigrants creates a financial incentive to hire them because it allows an employer to escape liability for worker injuries, giving that employer an unfair advantage over competitors who follow the law, Nebraska's high court said...
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Workers' Compensation Sees Cost Spike in Third Quarter: Towers Watson
Aggregate commercial insurance prices rose 6 percent during the third quarter of 2012, marking the seventh consecutive quarter that pricing for all commercial lines increased.
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Worker's Inability to Speak English Appropriately Considered in Disability Ruling: Court
The case of Merivic Inc. and Zurich North America v. Enrique Gutierrez involved a workers' comp claimant who had a ninth-grade education and a 'limited working knowledge' of English despite having lived in the United States for 34 years, according to the opinion.
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California Department of Industrial Relations Provides Information on Workers' Compensation Reform
California recently adopted workers' compensation reform laws that could help employers reduce their costs, but only if they understand how to take advantage of the changes.
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Sandy May Affect Workers' Compensation Premium Calculations
NCCI Holdings Inc. Oct. 31 reminded workers' comp underwriters of employee classification code changes insurers may apply when inclement weather or disasters force employers to temporarily suspend operations or shift workers into new roles.
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Two States Grapple With High Workers' Comp Rates With New Reforms
However, the jury is still out on whether the changes will result in lower costs to employers.
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Internal Surveillance Cameras can Reduce Workers' Compensation Fraud
Workers' comp experts say cameras can be effective in preventing fraud. Video footage is an added safeguard for employers that are trying to keep comp costs down.
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Court Rules Employer Does Not Need to Pay for Employee's Gastric Bypass
On the doctors' advice to lose weight, Melinda McKenzie underwent unauthorized gastric bypass surgery in 2006 and eventually lost 241 pounds, records show. However, MCI denied authorization and payment for McKenzie's procedure.
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Ethnic Disparities Found in Compensation for Injured Construction Workers
The study of 1,039 cases does not explain the reason for the disparity, although the researchers said bias or prejudice are a possibility, as are differences in knowledge about how the compensation system works.
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Same-Sex Partner Seeks Workers' Comp Survivor Benefits
In October 2011, Fadely was shot and killed by a former hotel employee who had been fired by Fadely nine days earlier, court records show.
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California Workers' Compensation Reforms Will Cut Costs by $300M Annually: Fitch
S.B. 863 was signed into law Sept. 18 and takes effect Jan. 1. It is expected to boost permanent disability benefits for injured workers while implementing several measures to help reduce comp costs for insurers and employers.
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Obesity-Related Conditions Could Add $66 Billion Annually to Medical Costs by 2030: Study
The state-by-state analysis of obesity-linked disease rates and associated medical spending projects that obese individuals could account for 44 percent of all American adults by 2030 if obesity rates nationwide continue to grow at their current pace.
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California Workers' Comp Reform Measure Signed Into Law
California Gov. Edmund G. Brown Jr. signed workers' compensation reform legislation into law Sept. 18, saying the law will reverse a four-year trend of rate increases.
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Worker Who Tested Positive for Cocaine Use in Injury Probe Entitled to Back pay, Fees: Court
The decision in Amanda Skipton v. S & J Tube Inc. upholds a 2011 district court finding that S&J failed to follow Iowa law permitting an employer to conduct a drug test when investigating workplace accidents that lead to injuries.
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Seriously Injured Stripper Not Entitled to Workers' Comp Benefits: Court
The split 2-1 ruling in LeAndra Lewis v. L.B. Dynasty Inc. upholds a workers compensation commission finding that she was a contractor and not an employee when she was shot in 2008 while dancing at the Boom Boom Room in Columbia, South Carolina.
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Injured Worker Entitled to Benefits for Related Mental Illness: Court
A trial court ruled that along with benefits for his physical injuries, Stephen Vowell was entitled to medical benefits for treatment of related severe depression.
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Worker's Loss-Of-Consortium Tort Claim Cannot Proceed: Court
The wife of a California worker cannot pursue a tort claim against his employer for injuries that prevented him from performing "necessary duties as a husband," the California Supreme Court said August 20.
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Four Times More Public Waste Workers Get Hurt, Sick Than Private
An average of 4,017 public collection workers missed at least one day of work annually between 2008 and 2010. That compares with an annual average of 1,070 collection workers in the private sector.
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Retired NFL Player Cannot File for Workers' Comp Benefits in California
The 9th Circuit U.S. Court of Appeals rules California workers' comp law doesn't apply to retired NFL player because he did not clearly show that he was injured in the state.
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Workers' Comp Prices Increasing as Market Hardens
Employers are exiting workers' comp guaranteed-cost policies that have fixed costs and taking on greater risk by purchasing loss-sensitive plans with lower premiums but higher deductibles, market experts say.
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NFL Creates Wellness Program for Current, Former Players
The league is being sued by thousands of former professional football players who say the league misled them about the dangers of concussions.
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Cop Who Shot, Killed Suspect Ineligible for Workers' Comp
Brandon Bentley was treated for anxiety and depression after the shooting, and a psychiatrist and psychologist deemed him unable to work. He filed for workers' comp benefits in March 2010.
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Workers' Compensation Rates for Employers Likely to Increase
In general, the 'cream of the crop' among guarantee-cost accounts are experiencing price increases ranging from about 5 percent to 7 percent, with some 10 percent increases, particularly in the Midwest.
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Officer Hit By Car While Walking to Get Coffee Due Workers' Comp
An Oregon appellate court said that Carolyn McDermed was still at work during her coffee run, since she was expected to perform community policing duties while not in her office.
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Study: Obesity Affects Duration of Workers' Compensation Benefits
The study's findings on the effect of obesity on indemnity duration are close to those reported in a 2007 Duke University Medical School study that found that obese workers file more claims, have higher medical costs, and miss more days due to job-related injuries than do their nonobese...
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PTSD of Employee Who Witnessed Deaths at Work Is Compensable
The man was diagnosed with post-traumatic stress disorder in June 2008 after experiencing anxiety and crying spells on various occasions, and he filed for workers' comp benefits in June 2009.
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Massive Master Complaint Filed Against NFL Over Concussion-Related Injuries
The 86-page document, filed in U.S. District Court in Philadelphia, seeks financial compensation, injunctive relief and medical monitoring for former NFL players who claim the league misled them about the dangers of concussions.
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Employee's Off-Duty Car-Crash Injuries Compensable: Court
The Kentucky Supreme Court said Adan Mandujano's car accident was compensable because he was performing the 'necessary and inevitable' act of returning from a trip that Gaines-Gentry and Eaton had requested him to take.
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California Workers' Comp Claims Show Sharp Increase in Medical Costs
The Workers' Compensation Research Institute said California's medical costs per workers' comp claim increased 8 percent per year from 2005 to 2009.
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Workers' Compensation Audit Reviews Can Reveal Costly Errors
Employers that are looking to reduce comp premiums find clerical slips that can cost them dearly.
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Washington Redskins' Workers' Comp Cases Head to Maryland Court
The Redskins practice at the team's Virginia headquarters, but play home games at FedExField in Landover, Maryland.
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Average California Workers' Comp Indemnity Hits $66,922 in 2011
Among other data, the California Workers' Compensation Institute estimates that workers' comp insurers expect to pay out $8.4 billion in claims for accident year 2011, which is an eight-year high.
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Prescription Drug Studies Focus on Key Workers' Comp Cost Drivers
Evaluating workers' comp prescription drug trends is crucial because pharmaceuticals comprise a significant part of employers' spending on injured workers, said one expert.
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Steelers Not Liable for Attorney Fees in Player's Workers' Comp Case
Chidi Iwuoma played for the Steelers at various points between 2002 and 2007, with a few short stints with other National Football League teams during that time. Iwuoma was cut from the Steelers in 2007.
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Woman Injured Having Sex During Work Trip Can Collect Workers' Comp
Her workers' comp claim for facial and psychological injuries initially was rejected, the reports state. But her attorney argued that sex is an ordinary life activity, similar to showering in a motel room.
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Injured Worker's Depression not Compensable Because She did not Return to Work
A doctor found that Delores Roxbury's depression was caused directly by her 2004 work accident, and prevented her from returning to her former position. However, an independent medical expert contended that Roxbury suffered from mild depression, and was not totally disabled by her mental condition.
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Obese Workers' Body Mass Data Aids Treatment
Despite the fact that one in three U.S. adults is obese, claims adjusters often do not ask claimants about their height and weight during the initial intake process of a workers' comp claim, employers and consultants say.
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Sex Club Shooting Case Goes to Jury for Workers' Comp Fraud Decision
A jury was deliberating the workers' compensation felony fraud case against a correctional guard and his wife who claimed his shooting outside a San Francisco sex club was work-related.
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Oklahoma Bills Would Allow Employers to Opt Out of State Workers' Comp System
If approved, Oklahoma would become the second state to adopt an alternative workers comp system. Texas has operated a similar opt-out system since 1913.
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Workers' Comp Assessments 5 Times Higher for N.Y. State Employers: Analysis
The average premium assessment among 32 states that impose the taxes is 4.2 percent. In contrast, New York state employers pay assessments totaling 20.2 percent of their premiums.
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Back Injuries Account for 26 Percent of Workers' Comp Payments in California
Back injuries reportedly comprised 26.3 percent of workers' comp payments in California between 2001 and 2011—the highest percentage of any injury type.
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Rapidly Growing Older Workforce Demands Employer Attention to Injuries
The number of older U.S.
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NFL Concussion Lawsuits May Turn on Workers' Comp Rules
The pro football league is named as a defendant in 21 suits that allege the league negligently misled at least several hundred players about the dangers of concussions and other head injuries.
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Employer Must Pay Workers' Compensation for Concurrent Job: Court
William Thomas worked as a light equipment operator for the Warren County Department of Public Works when he was injured in 2009. Court records show that Thomas also was employed by a janitorial service at that time.
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Report: California Program has Little Effect on Worker Injuries, Fatalities
While safety standards listed under the state Injury and Illness Prevention Program typically improve safety, the commission said it's unclear whether state mandates cause employers to be safer than companies that voluntarily implement such practices.
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California Prevention Program Has Little Effect on Worker Injuries, Fatalities: Report
The California Commission for Health, Safety and Workers' Compensation released a draft of the study on Jan. 12.
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Worker Can't Sue Employer if Collecting Workers' Comp, Virginia Court Rules
A worker cannot sue an employer in addition to collecting workers' compensation benefits, even when the employer fails to purchase mandatory workers comp insurance, Virginia's Supreme Court ruled Jan. 13.
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Worker's Marijuana Use Cause of Explosion; Comp Benefits Denied
Three of the court's nine judges dissented to a portion of the opinion. Judge Raymond Abramson noted that Greg Prock had used a torch in the past to open barrels, and said the accident may not have been directly caused by Prock's past drug use.
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Top 5 Workplace Injury Causes Make Up 72 Percent of Direct Workers' Comp Costs: Analysis
Overexertion—or injuries caused by lifting, pushing, pulling, holding and carrying—costs businesses $12.5 billon in direct annual expenses and accounts for more than 25 percent of the national burden, according to Liberty Mutual's Workplace Safety Index.
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Older Workers Affect Workers' Comp Loss Costs Less Than Expected
Despite an increasing number of aging U.S. workers, older employees have had a smaller-than-expected effect on workers compensation loss costs, according to NCCI Holdings Inc.
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Recreational Boatmakers Excluded From Workers' Comp Act
Under new federal regulations, laborers who build, repair or dismantle any recreational water vessel will no longer be covered by the Longshore Act, so long as they are covered under a state's workers comp law.
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Small Businesses Face Closure in Workers' Comp Scandal
An attempt to lower premiums for workers' compensation insurance went horribly wrong. Next week a state agency will attempt to start collecting hundreds of millions of dollars from the businesses who took part.
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Desperate Housewife Sentenced in Huge California Workers' Comp Scam
Investigators found the would-be reality TV star and her husband submitted 42 fraudulent claims and underreported tens of millions of dollars in payroll to avoid paying workers' compensation premiums.
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Employers Helping Workers Fight Opioid Abuse
With opioid prescription abuse on the rise nationwide, workers compensation experts are seeking ways to help addicted workers return to sobriety.
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Ailing Economy Hurts Return-to-Work Efforts for Injured Employees: Analysis
The Workers Compensation Research Institute studied workers' compensation procedures and outcomes in Pennsylvania and Wisconsin, which were deemed to have faster and higher return-to-work rates than other states.
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OSHA Tightens Its Fall Protection Rules
The new directive states that all residential construction industry employers must protect their workers who are engaged in work at six feet or more above lower levels by conventional fall protection systems or by other fall protection measures.
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Court: Workers' Comp Is Exclusive Fix for Construction Injury
Charles DeFrates sought to sue Robert Clark, sole owner of R.G. Clark Construction Inc. in Calpella, California, for personal injury after he slipped and fell while working on the roof of Clark's new duplex, court records show.
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Court Rules Video Can Be Used as Evidence to Discontinue Disability Benefits
In a unanimous decision, the Pennsylvania Commonwealth Court said Brian Soja was required to prove that he had a continuing disability when he filed for a reinstatement of his benefits in 2006. It also said a video from employer Hillis-Carnes Engineering Associates Inc.
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Wellness Programs Adapted for Workers' Comp
One consultant adds that employers also should optimize employee use of established wellness offerings, such as weight-loss or smoking-cessation programs that otherwise may be underutilized.
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Appeals Court Finds Retaliation Claim Against UPS Valid, but Judgment ‘Excessive'
The court said a $2 million judgment against the parcel service in the case was 'excessive,' because the company's actions only caused monetary harm to Keith Jones, a former UPS package car driver and plaintiff in Jones vs. United Parcel Service Inc.
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Hero of Missouri Tornado Disaster Finally Gets Comp Benefits
The 51-year-old social worker's medical expenses have exceeded $2.5 million and are still mounting. He reportedly has no medical insurance.
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Employers Challenge Lump-Sum Payments in Certain Comp Disability Situations
The case the New York court heard includes four workers who were injured before a March 2007 deadline that allowed them to receive unlimited benefit weeks.
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Deceased Truck Driver’s Estranged Wife Entitled to Survivor Benefits
The appellate court’s decision in Sifford v. Sifford et al. reverses a ruling from the Virginia Workers’ Compensation Commission.
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Court Rules in Favor of Workers’ Comp for Nurse Injured While Glancing at Cellphone While Driving
A nurse who momentarily glanced down at her cellphone to see if her employer was calling is entitled to workers’ compensation benefits for injuries suffered in an automobile accident, the Court of Appeals of Virginia has ruled.
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State Reduces Opioid Prescriptions in Workers' Comp Cases
The state guidelines are called for because workers with relatively minor workplace injuries are ending up addicted or dying from overdoses.
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Insurers Contend Medical Marijuana Should not get Workers’ Comp Funding
Last week, legislation that would prohibit auto insurers from funding claims for medical marijuana was passed by Michigan’s Senate Judiciary Committee and is expected to go before the full state Senate, an Insurance Institute of Michigan spokeswoman said.
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Court: Prior-Approval Rule Does not Require Payment for Claims Unrelated to Workers' Comp
Georgia's State Board of Workers' Compensation says insurers and self-insurers must notify medical providers of whether they will pay for a procedure within five days of receiving a pre-approval request. If the deadline is missed, payment is considered to be approved automatically by the insurer.
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Many States Contemplate How to Compensate
Several states made significant changes to their compensation laws this year—and more changes could be on the way.
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NFL’s Detroit Lions Support Michigan’s Proposed Workers’ Comp Reforms
The legislation takes aim at a loophole in the National Football League’s collective bargaining agreement, which allows players to file workers’ compensation claims in states where their teams are not based.
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'Psychic' Injury Victim in Robbery not Due Workers' Comp
The April 2008 robbery at the Morrisville, Pennsylvania, business occurred while the claimant worked the night shift. Neither he nor a co-worker was physically injured, the court opinion states.
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Prescription Drugs Make Up 19 Percent of Workers’ Comp Claims: Report
That amount, however, is only “slightly higher” than its 2010 estimate, a workers’ compensation rating and research organization said in the report, Workers’ Compensation Prescription Drug Study: 2011 Update.
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Workers' Comp Denied for Spouse of Sales Manager Working From Home
Court records in Donald Werner, Deceased vs. Workers' Compensation Appeal Board show that Werner split his time working at a home office in his basement and at his employer's facility when he wasn't traveling.
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Court Rejects Liberty Mutuals Appeal of AIG Workers' Comp Settlement
The case stems from allegations made in 2006 by then-New York Attorney General Eliot Spitzer that AIG had underreported workers’ compensation premiums to avoid paying its fair share of residual market assessments.
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Nissans Return-to-Work Offer Inadequate in Comp Case
A trial court may award up to six times the employee’s medical impairment rating in additional permanent partial disability benefits if that worker does not receive a ‘meaningful return to work’ offer and as long as the worker does not voluntarily resign or retire.
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Court Rules for Ford in Retiree's Workers' Comp Dispute
A settlement agreement did not mention Ford potentially discontinuing benefits or the statutory retirement presumption and, in September 2010, Ford petitioned to discontinue paying the PTD benefits pursuant to the retirement presumption.
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California Supreme Court Rules on Workers' Compensation COLA Case
The case involved an unnamed accountant/controller injured in 2004 who was eligible to receive $728 weekly for life.
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Appeals Court Rules for Employer in Undocumented Worker Case
The case of Vicente Salas v. Sierra Chemical Co. involves a seasonal production-line worker who used a counterfeit Social Security card with another person’s Social Security number to obtain work from Sierra intermittently over three years.
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Ogilvie Workers' Comp Award Decision Reversed By Court
The court’s reversal is the latest twist in the Ogilvie case, which dates back to February 2009, when the California Workers’ Compensation Appeals Board decided that the method for adjusting workers’ compensation awards to reflect diminished future capacity could be challenged.
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NFL Players Deal Will Allow Workers' Compensation Claims in Other States
On July 23, an email by player representative and New Orleans Saints quarterback Drew Brees outlined three primary issues the players association still was grappling with, including workers’ compensation.
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Injured Employee Adequately Notified Employer, Due Workers' Comp
Pennsylvania’s high court said that although the notice to the employer was not ‘letter perfect,’ state workers’ comp law directs that ‘a meritorious claim ought not, if possible, be defeated for technical reasons.’
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Deadline Nears for Massive Strike in N.Y
A strike would idle more than 11,000 workers at private-sector projects costing nearly $10 billion, according to the Real Estate Board of New York.
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Salesperson Tripped, Injured By Own Dog Owed Workers Comp
Claimant Mary Sandberg stored samples in her garage and was walking from the back door of her home to her garage to replace fabrics in her van when she tripped over her dog, fracturing her right wrist.
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OSHA Wins Workers Compensation Case Fight
Insurer is ordered to release reports after fatal accident.
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Washington State Lawmakers OK Workers' Comp Reforms
A spokeswoman for the state Labor & Industries Department, which provides workers’ compensation insurance for more than 168,000 employers and 2.5 million workers, said the agency still was examining the legislation but overall is ‘excited about the changes.’
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Workers' Comp Market Deteriorating, Insurance Organization Reports
Challenges insurers face includes policy prices that continue to drift downward, deterioration of reserves, and an increase in claims frequency.
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California Takes Over Workers' Compensation Insurer
Aside from California, Majestic Insurance provided workers’ comp coverage to employers in Arizona, Nevada, New York, New Jersey and other states.
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Worker's Death En Route to Conference Compensable
On the day of the accident, Troy McVey was driving a company-owned truck he regularly used to perform his work.
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A Workers' Comp Scandal
In a lawsuit, New York alleges that Compensation Risk Managers executives enticed new business to maximize their management fees even at the expense of the trusts they were hired to safeguard, and maintained shadowy corporate structures that went unnoticed by the state workers’ compensation board...
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Virginia Court Says Horseplay Doctrine Entitles Worker to Comp
The state high court employed a theory of recovery, which has found that joking actions of co-workers are a risk of employment because humans are playful and from time to time engage in pranks, which can be dangerous.
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AIG Settles Workers Comp Case with Insurers Except Liberty
The proposed settlement stipulates that the agreement would not be affected even if Liberty Mutual units Safeco Insurance Co. of America and Ohio Casualty Insurance Co. opt out.
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Employee Hurt on Smoke Break Awarded Workers' Comp Benefits
According to Arkansas law, the only issue for the state Supreme Court to decide was whether substantial evidence existed to support the commission’s decision.
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Injury While Traveling for Business Ruled Compensable
The high court’s 8-1 decision in Liana Leordeanu v. American Protection Insurance Co. overturned a state appellate court ruling involving a pharmaceutical sales representative who worked from her apartment and got into an accident while driving a company car.
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Washington State Voters Reject Workers Comp Privatization Plan
The measure would have eliminated a Washington practice of requiring workers to pay a portion of workers’ comp premiums as well as allowed private insurers to sell policies.
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North Carolina Workers' Comp Loss Costs to Increase 0.6 Percent
The state’s rate bureau had requested an average increase of 1.2 percent in loss costs.
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Court Fired Workers Get More Than Six Months to File Comp Claim
Oklahoma’s Legislature enacted a law cited by the employer to curtail fired workers from filing retaliatory workers’ comp claims, court records state.
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No Workers' Comp Benefits for Widow of Murdered Employee
A trial court concluded that the there was not enough evidence to establish that burglary was a motive for the murder as nothing was taken from the premises and there was no sign of forced entry.
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Report Workers Comp Premiums Drop for Fifth Straight Year
Economic conditions and a jobless recovery are contributing to sluggish premium growth, meaning an industry rebound will be slow.
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California Workers Comp Combined Ratio Increases
The ultimate accident-year 2009 combined ratio is estimated to have reached 124 percent, the San Francisco-based Workers’ Compensation Insurance Rating Bureau of California said.
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Ohio Court Finds Harassment Allegations Do Not Bar Comp Benefits
The claimant had been under investigation concerning ‘numerous’ sexual harassment allegations for acts allegedly occurring between 2004 and 2008, the records state.
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Governor Argues Against California Workers Comp Rate Hike
Schwarzenegger letter said insurers must use the tools provided in reform legislation that he signed into law in 2004 before they consider raising workers’ comp rates.
