Disability Benefits
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Same-Sex Domestic Partner Benefits Would Cost Government $144M Over 10 Years
If the Domestic Partnership Benefits and Obligations Act were enacted, it would override DOMA's provisions regarding federal employees, but not its overarching definition of marriage for tax and Social Security purposes.
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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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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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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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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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Study: Disability Claims After Intermittent FMLA Indicate That Caregivers Are Finding It Hard to Cope
New data from Reed Group show that employees who go on Family and Medical Leave Act and then return to work are three times more likely to need additional time off – for themselves.
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Program Helps Long-Term Disabled Workers Return to Work by Crossing Finish Line
Insurance giant Cigna Corp. partners with a New York health organization to put long-term disabled workers on the track to good health and re-entry into the workforce.
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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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U.S. Workers Short on Long-Term Disability Coverage
Despite employers' cutting back on providing benefits, few employees are purchasing such policies on their own, says new study.
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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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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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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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Court: Comp Benefits Due to Restaurant Manager Despite Being Smoker
Edmondo Bemis—who smoked for 30 years according to the appellate court's ruling—eventually filed for workers' comp benefits, claiming that his work injury worsened until he needed the surgery and that he was totally disabled.
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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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Mercer: Group Health Care Costs Climb 6.1 Percent as Cost per Employee Tops $10K
Amid steadily rising costs, employers, especially larger organizations, continue to take action to try to hold down cost increases to more manageable levels, according to the Mercer survey.
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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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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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Bill Requiring Coverage for Autism Treatment Becomes Law in California
If the autism coverage mandate laid down by the California measure is not included in what federal regulators decide is essential benefits, the mandate automatically will expire.
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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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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.
