Workers' Compensation News
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Employer Forfeited Argument for Apportionment of Liability
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01/18/2013
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By: Sherri Okamoto (Legal Reporter)
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State: KY | Segment: EAST | 0 | Popular with Legal
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A mining company's failure to introduce the issue of apportionment for a miner's cumulative trauma injuries during administrative proceedings on the miner's claim waived its ability to raise the argument on appeal. Case: KenAmerican Resources v. Warr...Read More
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Experts Say Minor Tweaking Needed for RBRVS Fee Schedule
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01/17/2013
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By: Greg Jones (Senior Editor)
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State: CA | Segment: Top | 0 | Popular with Legal
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By Greg Jones, Western Bureau ChiefUsing the Resource Based Relative Value Scale as the basis for reimbursing medical providers who treat injured workers in California will require some “tweaking,” but industr...Read More
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En Banc WCAB Turns Down Ariz. Football Player's Claim
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01/16/2013
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By: Sherri Okamoto (Legal Reporter)
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State: CA | Segment: WEST | 0 | Popular with Legal
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The Workers' Compensation Appeals Board, sitting en banc, ruled Tuesday that it will not accept jurisdiction over a professional athlete's claim for a cumulative trauma injury because of his employment contract with an Arizona football franchise. The cas...Read More
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Employer Entitled to Suspend Benefits to Undocumented Worker
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01/16/2013
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By: Sherri Okamoto (Legal Reporter)
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State: PA | Segment: Top | 0 | Popular with Legal
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An employer may cut off payment of disability benefits to an undocumented worker whose lost earning power is due to his immigration status instead of the residual effect of his injury, the Commonwealth Court of Pennsylvania ruled Tuesday.The appellate court'...Read More
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Employer Liable for SEBs after Terminating Office Manager
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01/16/2013
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State: LA | Segment: CENTRAL | 0 | Popular with Legal
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An injured office manager is entitled to supplemental earnings benefits after proving that his employer fired him after his injury, a Louisiana appellate court concluded. Case: Hahn v. X-Cel Air Conditioning, No. 2012-CA-0236, 1/9/13, published. Facts: Scott Hahn, an office m...Read More
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Employer's Insurer is on the Risk after Admitting Coverage
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01/16/2013
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State: NC | Segment: EAST | 0 | Popular with Legal
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An employer's insurer is liable for a workers' compensation claim after accidentally admitting liability, a North Carolina appellate court determined. Case: Spivey v. Wright's Roofing, No. COA12-270, 1/15/13, published.Facts: Dennis Ray Spivey, an employee of Wrig...Read More
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Employers Tentatively Supportive of Cuomo's Reform Ideas
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01/15/2013
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By: Greg Jones (Senior Editor)
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State: NY | Segment: Top | 0 | Popular with Legal
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By Greg Jones, Western Bureau ChiefEmployers say they support New York Gov. Andrew Cuomo’s plans for reforming the state’s workers’ compensation system, but until the governor provides actual details the...Read More
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Employer Successfully Challenges Safety Citation for Fall Hazard
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01/15/2013
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By: Sherri Okamoto (Legal Reporter)
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State: OR | Segment: WEST | 0 | Popular with Legal
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The Court of Appeals reversed the imposition of a safety citation against an Oregon employer because the state Occupational Safety and Health Division had not established that the employer had constructive knowledge of the violation.Case: Oregon Occupational Safety &...Read More
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Employer's Failure to Preserve Evidence Not Fatal to Lien Claim
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01/14/2013
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By: Sherri Okamoto (Legal Reporter)
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State: PA | Segment: EAST | 0 | Popular with Legal
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A police officer injured in a motorcycle training accident could not defeat his employer's lien against his recovery from a third-party tortfeasor on the basis of the city's failure to preserve the motorcycle involved to serve as evidence in his civil action. ...Read More
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EPIC Hires 2 More Brokers in Fresno, Building Staff to 11
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01/11/2013
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By: Jim Sams (Senior Editor)
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State: CA | Segment: WEST | 0 | Popular with Legal
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Edgewood Partners Insurance Center has hired Chad Seiler and Steve Parson as property and casualty insurance brokers and principals in its Fresno, Calif., office.The appointments mark the fifth and sixth broker/producers to join EPIC in Fresno since the office opened in September 2012. F...Read More
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