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Workers' Compensation News

 

Emergency Rule Authorizing Electronic Service of Med-Legal Report Expires 02/22/2022
State: CA | Segment: WEST | 0 | Popular with Legal
The California Division of Workers’ Compensation announced that an emergency rule providing a mechanism for electronic service of medical-legal reports expired by operation of law Friday. ...Read More
 
 

Extension of COVID-19 Presumption First Bill Passed in Session 02/04/2022
State: MN | Segment: NORTH | 0 | Popular with Legal
The first bill Minnesota lawmakers passed since returning to the Capitol at the end of January would extend the presumption that COVID-19 is compensable for frontline workers. ...Read More
 
 

Employer's Delay in Payment of Benefits Doesn't Warrant Penalties 01/28/2022
State: IA | Segment: NORTH | 0 | Popular with Insurance
The Iowa Court of Appeals ruled that a worker was not entitled to a penalty for the period in which his employer delayed paying benefits while it investigated his entitlement. ...Read More
 
 

Exclusive Remedy Bars Worker's Claim Against Property Owner for Rail Car Accident 01/27/2022
State: TX | Segment: Top | 0 | Popular with Legal
A Texas appellate court upheld summary judgment dismissing a worker’s claim against a property owner as barred by the exclusive remedy provision of the state Workers’ Compensation Act. ...Read More
 
 

Employer Waits Too Long to Assert Cross-Examination Right 01/20/2022
State: NY | Segment: NORTH | 0 | Popular with Legal
A New York appellate court ruled that an employer waived its right to cross-examine a worker’s attending physician by waiting too long. ...Read More
 
 

Employers Oppose Proposal to Eliminate Marital Status From Benefit Calculation 01/19/2022
By: Greg Jones (Senior Editor)
State: WA | Segment: Top | 0 | Popular with Legal
Representatives for employers in Washington said that while they agree that the state’s rules for calculating indemnity benefits could stand revision, they don’t support a proposal that would address only differences in awards based on whether an injured worker is married. ...Read More
 
 

Employer Can't Get Credit Against Benefits for CARES Act Compensation Paid to Worker 01/12/2022
State: PA | Segment: NORTH | 0 | Popular with Legal
The Commonwealth Court of Pennsylvania ruled that an employer was not entitled to a credit against its payment of benefits to an injured employee for the federal pandemic benefits she had received. ...Read More
 
 

Employer Fails to Prove Worker's Allowed Claim for Aggravation Had Abated 01/11/2022
State: OH | Segment: NORTH | 0 | Popular with Employer
An Ohio appellate court upheld the Industrial Commission’s determination that a worker’s allowed claim based on the aggravation of a preexisting arachnoid cyst had not yet abated. ...Read More
 
 

Employer Penalized for Failure to Authorize Surgery, Pay TTD 12/28/2021
State: IA | Segment: NORTH | 0 | Popular with Insurance
The Iowa Court of Appeals ruled that an employer was properly penalized for its failure to authorize a second surgery for an injured worker or pay temporary total disability benefits while she was unable to work. ...Read More
 
 

Exclusive Remedy Provision Doesn't Bar Worker's Suit Against Nursing Home 12/15/2021
State: NY | Segment: NORTH | 0 | Popular with Insurance
A New York appellate court ruled that the exclusive remedy provision of the Workers’ Compensation Law did not bar a worker’s suit against a nursing home for her injuries in a fall. ...Read More
 
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