Workers' Compensation News
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US 4th: Union President Not Maritime Under LHWCA
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06/16/2004
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State: NA | Segment: Top | 0
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The U.S. 4th Circuit Court of Appeals last week ruled that the 2001 amendments to the Longshore and Harbor Workers'
Compensation Act changed the "last maritime employer rule" such that it did not apply to a maritime worker who was injured in his subsequent employment as president of a local union c...Read More
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UT's WCF to Return $20M in Policyholder Dividends
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06/03/2004
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State: UT | Segment: Top | 0
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Utah's Workers Compensation Fund will be returning $20 million to employers in policy holder dividends this year, the company says. Citing 8 percent fewer claims than anticipated for the year, denial of a number of serious injury claims, and more involvement by the company's Medical Manageme...Read More
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USCA 5th: Fixed Oil Platform not 'Pier' Under LHWC
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06/02/2004
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State: NA | Segment: Top | 0
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The United States Court of Appeals for the Fifth Circuit ruled last week that a fixed oil production platform built on pilings over
marsh and water and inaccessible from land does not constitute a "pier"
or an "other adjoining area" and that consequently injuries sustained on the job at such a fac...Read More
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US 3rd Rules Virgin Is Comp Trumps Civil IIED Claim
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06/01/2004
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State: NA | Segment: Top | 0
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The United States 3rd Circuit Court of Appeals last week ruled that the exclusive remedy provision of the Virgin Islands Workers'
Compensation Act precludes an injured employee's civil claim for
intentional infliction of emotional distress.
In
EDDY v. VIRGIN ISLANDS WATER & POWER AUTH. ...Read More
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United Farmers Coop Fined $168K for Workers Death
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05/17/2004
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State: Natl. | Segment: Top | 0
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The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) Friday issued citations to the United Farmers Cooperative for alleged willful safety violations in its grain bin operations, following the investigation of a fatal accident in November.
"Employers must pro...Read More
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USCA 8th Applies TX Law to Deny AR Indemnity in WC Case
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05/12/2004
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State: TX | Segment: Top | 0
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The United States Court of Appeals for the Eight Circuit upheld the application of Texas' prohibition against indemnification arising out of an industrial accident where the employee received Texas work comp benefits for an accident in Arkansas.In Pilgrim's Pride Corp. v. Simmons Mill Elevat...Read More
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United Medical to Pay $3.5M Restitution for WC Fraud
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05/11/2004
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State: OH | Segment: Top | 0
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As the result of an investigation by Ohio Attorney General Jim Petro's Health Care Fraud Section, United Medical Corp. president Joyce Beilharz and her company Monday agreed to pay $3.5 million in restitution for defrauding Medicaid, Medicare and the Ohio Bureau of Workers' Compensation.
...Read More
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US Postal Worker Gets 18 Mos for Work Comp Fraud
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05/05/2004
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State: NA | Segment: Top | 0 | Popular with Legal
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A United States Post Office Worker received a sentence of 18 months in prison for holding down two jobs while simultaneously collecting temporary disability indemnity for a work injury.
Prosecutors proved to a jury that Sheri Graves Garner of Vonore, Tenn., collected more than $111,000 in...Read More
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USCA 9th - Longshore Settlement Unenforceable if Not Signed
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04/30/2004
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State: NA | Segment: Top | 0
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The US Court of Appeals for the 9th District recently ruled that a settlement under the Longshore and Harbor Workers' Compensation Act was unenforceable if the decedent injured worker had not signed it.
In O'neil v. Bunge Corp. (04/23/04 - No. 02-71248), O'Neil suffered a work-related my...Read More
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USCA 9th: Whistleblower Liability for Suspension After Safety Com
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04/30/2004
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State: NA | Segment: Top | 0
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The United States Court of Appeals for the Ninth Circuit recently ruled that an employer did violate the whistleblower protection provision of the Surface Transportation Assistance Act when it suspended an employee without pay shortly after he voiced safety complaints.
In CalMat Co. v. U...Read More
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