Workers' Compensation News
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Employer's Late Reply No Admission of Disability Rating in Claim
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01/10/2013
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By: Sherri Okamoto (Legal Reporter)
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State: MO | Segment: CENTRAL | 0 | Popular with Legal
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An employer's failure to timely respond to a claim for compensation will be deemed to have admitted all the statements of fact contained within that claim, but the facts deemed admitted do not extend to the disability percentage determination because that is strictly within the special prov...Read More
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Exclusivity Barred Personal Injury Suit against Arena Contractor
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01/09/2013
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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 worker's personal injury suit against the general contractor on a construction project based on the collapse of a concrete structure was barred by workers' compensation exclusivity. Case: Jacobs v. M.A. Mortenson Co., No. 2011-CA-000991-MR, 01/04/2013,...Read More
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Ex-Welder Gets Benefits for 2006 Shoulder Injury and Tendinopathy
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01/08/2013
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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 former welder who injured his shoulder six years ago was entitled to medical benefits for the impingement tendinopathy syndrome which manifested itself when he injured his shoulder as well as benefits for the shoulder injury. Case: Alstom Power v. Weir, No. 20...Read More
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Employer Reasonably Accommodated Worker's Fibromyalgia
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01/07/2013
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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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A municipal employer who allowed an employee to miss more than one out of every 10 days of work over a two-year period because of her fibromyalgia and made arrangements for her to work from home, made sufficient accommodation for the worker's disabilities, the 6th District Court of Appeal r...Read More
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Ex-Football Star Neil Smith Sues the NFL for Brain Injuries
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01/02/2013
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State: NA | Segment: NATIONAL | 0 | Popular with Legal
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Former Kansas City Chiefs star Neil Smith sued the National Football League in federal court last week, contending that the league violated a common law duty to protect him from brain injuries.Smith, a former defensive end for the Kansas City Chiefs, sued the National Football League wit...Read More
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Exclusivity No Bar to Mother's Claim for Son's Death at Landfill
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01/02/2013
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By: Sherri Okamoto (Legal Reporter)
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State: NC | Segment: EAST | 0 | Popular with Legal
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A mother's wrongful death claim, filed after her son was crushed to death by a trash compactor at a county landfill, was not barred by workers' compensation exclusivity since the county had elected not to form an employment relationship with the workers provided by a temporary staffing ...Read More
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Employer Liable for VSSR Award after Press Crushes Worker's Hand
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12/28/2012
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State: OH | Segment: CENTRAL | 0 | Popular with Legal
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A metal-stamping and assembly business is liable for violating Ohio's specific safety requirement regulations after a mechanical power press unexpectedly crushed a worker's left hand and forearm, an Ohio appellate court ruled. Ohio's 10th District Court of Appeals rejected an...Read More
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Employer Had Good Reason to Controvert Claim, Court Rules
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12/28/2012
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State: LA | Segment: CENTRAL | 0 | Popular with Legal
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A worker was not entitled to penalties because his statutory employer had a reasonable basis to dispute the claim, Louisiana's 1st Circuit Court of Appeals ruled. Case: Arabie Brothers Trucking Co. v. Gautreaux, No. 2012 CA 0849, 12/21/12, published.Facts: Patrick Gautrea...Read More
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Employer Not Entitled to Sum. Judgment on Intentional Injury Claim
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12/27/2012
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State: OH | Segment: CENTRAL | 0 | Popular with Legal
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An employer was not entitled to summary judgment because of evidence suggesting that the employer could have been substantially certain that a serious injury was going to occur at its work site, Ohio's 6th District Court of Appeals ruled. Case: Cantu v. Irondale Industrial Contractor...Read More
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