Workers' Compensation News
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High Court Tosses $2.5 Million Award for Injured Seaman
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06/26/2012
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By: Sherri Okamoto (Legal Reporter)
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State: TX | Segment: Top | 0 | Popular with Legal
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A divided Texas Supreme Court last week reversed a jury's $2.5 million award to an injured seaman based on his employer's unreasonable failure to pay maintenance and cure. The court split six-to-three on Friday over whether Maximino Garza's suffering for the 20...Read More
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High Court Justices Propose an End to Burden-Shifting
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06/25/2012
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By: Sherri Okamoto (Legal Reporter)
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State: ME | Segment: Top | 0 | Popular with Legal
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Maine's highest court last week reversed a grant of summary judgment against a maintenance worker on his disability discrimination and retaliation claims, in a decision in which a three justice minority advocated for the abandonment of a burden-shifting analysis at the summary judgment phase for...Read More
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Housing Authority Director and Receptionist Charged with WC Fraud
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06/25/2012
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By: Jim Sams (Senior Editor)
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State: OH | Segment: CENTRAL | 0 | Popular with Insurance
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The Ohio Bureau of Workers' Compensation has accused a housing authority director and her receptionist with making a false allegation that the receptionist was injured by police who responded to a call that the officials were shredding documents during a corruption investigation, according to a ...Read More
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High Ct.: Claimant Worked while on TTC, but Didn't Commit Fraud
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06/21/2012
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By: Jim Sams (Senior Editor)
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State: OH | Segment: CENTRAL | 0 | Popular with Legal
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A claimant who helped out with his wife's business is not eligible for temporary total disability compensation because he directly generated income for the family, but his failure to report his activities as work did not constitute fraud, the Ohio Supreme Court ruled.Case: State ex r...Read More
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House Subcommittee on Asbestos Sets Austin Meeting for July 11
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06/21/2012
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State: TX | Segment: CENTRAL | 0 | Popular with Legal
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The Texas House of Representatives Committee on Judiciary and Civil Jurisprudence has set a meeting of its Subcommittee on Asbestos for 10 a.m. on July 11 in Austin.The meeting will be held in Room E2.010 in the Capitol Complex.The Subcommittee on Asbestos will take invited t...Read More
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Hospital Presumption Resurfaces in Legislature
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06/20/2012
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By: Greg Jones (Senior Editor)
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State: CA | Segment: WEST | 0 | Popular with Legal
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A hospital employee in California who provides direct patient care and contracts would be presumed to have suffered a work injury under a recently amended bill that resurrected the idea of a hospital worker presumption for the fourth consecutive year.Berkeley Democrat Nancy Skinner amend...Read More
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High Court Denies Reinstatement of TTD for Retired Worker
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06/20/2012
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By: Sherri Okamoto (Legal Reporter)
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State: OH | Segment: CENTRAL | 0 | Popular with Legal
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An Ohio worker who sustained a compensable injury and then retired could not seek to reinstate workers' compensation benefits years later since he had voluntarily exited the workforce, the state Supreme Court ruled. Case: The State ex rel. Corman v. Allied ...Read More
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High Court Says Restaurant Can Set Aside Default Judgment
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06/20/2012
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By: Sherri Okamoto (Legal Reporter)
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State: WV | Segment: EAST | 0 | Popular with Legal
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The West Virginia Supreme Court ruled that the franchisor of a restaurant chain could set aside a default judgment rendered against it on a claim by a worker who falsely claimed to be its employee. Case: Tudor's Biscuit World of America v. Critchley, No. 11...Read More
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Hearings Scheduled in Fraud Case for Son of Lt. Gov.
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06/19/2012
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By: Greg Jones (Senior Editor)
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State: WA | Segment: WEST | 0 | Popular with Legal
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A trial date was scheduled in the case of the son of Washington Lt. Gov. Brad Owen, who was charged with workers’ compensation fraud after allegedly leaving a message for his caseworker saying he was collecting benefits to which he was not entitled after a workplace shooting.Mark L...Read More
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High Court Rules Call Center Worker Can Sue Janitorial Company
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06/15/2012
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State: VA | Segment: EAST | 0 | Popular with Legal
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The Virginia Supreme Court has overturned a trial court's dismissal of a personal injury case filed by a call center employee who said the negligence of a contracted janitorial company for the building where she worked caused her slip and fall accident. Case: K...Read More
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