Workers' Compensation News
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USCA 7th: No Denial Until Work Requirements Established
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07/25/2005
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State: NA | Segment: Courts | 0
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The United States Court of Appeals for the Seventh Circuit ruled that a denial of benefits is inappropriate where the administrative law judge (ALJ) failed to definitely resolve the exertional requirements of the claimant's employment.
In Killman v. Director, No. 04-2506, 07/19/2005...Read More
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USCA 5th: Work Comp Exclusive Remedy for Shooting Death
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07/21/2005
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State: MS | Segment: Courts | 0
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The United States Court of Appeals for the Fifth Circuit ruled that a claim for an employee's death caused by willful act of co-worker has its exclusive remedy in state workers' compensation laws.
In Tanks v. Lockheed Martin Corp. , No. 05-60028, 07/14/2005, Thomas Willis was shot a...Read More
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Utah Fund Declares $20M Dividend
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07/20/2005
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State: UT | Segment: Business | 0
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Utah's Workers' Compensation Fund declared a $20 million dividend that will be distributed to a majority of policyholders this August, the company said in a press release. Policyholders can expect to receive 9.25 percent of their earned premium attributable to the 2004 calendar year. ...Read More
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USCA 7th: Ability to Work Other Jobs Precludes Recovery
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07/18/2005
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State: Natl. | Segment: Courts | 0
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The United States Court of Appeals for the Seventh Circuit ruled that Disability Insurance Benefits and Supplemental Security Income payments are not available to a claimant who can perform a significant amount of other jobs.
In White v. Barnhart , No. 04-2218, 07/14/2005, James Wh...Read More
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USCA 9th Holds Phone Calls Don't Constitute Care
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07/18/2005
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State: Natl. | Segment: Courts | 0
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The United States Court of Appeals for the Ninth Circuit ruled that making phone calls and providing psychological reassurance do not amount to "caring for" a family member under the Family Medical Leave Act (FMLA).
In Tellis v. Alaska Airlines, Inc., No. 04-35137, 07/12/2005, Charl...Read More
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USCA 7th: No ADA Claim Unless Job Can Be Done
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07/18/2005
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State: IL | Segment: Courts | 0
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The United States Court of Appeals for the Seventh Circuit ruled that dismissal of a plaintiff's claim under the Americans With Disabilities Act (ADA) is appropriate where the plaintiff is unable to perform the essential functions of the job.
In Jackson v. City of Chicago, No. 03-42...Read More
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Utilization, Attorneys, Open Claims Driving S.C. Rate Hike
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07/18/2005
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State: SC | Segment: Regulatory | 0
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Rising medical utilization, increasing attorney involvement and a trend toward longer open claims are driving the costs increases that prompted a recommended 32.9 percent rate hike, the NCCI said in a report obtained by WorkCompCentral.
The NCCI said higher wages are also increasing indemni...Read More
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Uninsured Roofers Swarm South Florida
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07/12/2005
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State: FL | Segment: Regulatory | 0
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A check of the South Florida roofing industry shows that fewer than half of the contractors are carrying workers' compensation insurance, the Sun-Sentinel reported last week as Hurricane Dennis bore down on the Panhandle.
The Fort Lauderdale Sun-Sentinel reported that roofing contractors -...Read More
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USCA 9th: Minimal Evidence of Impairment Sufficient
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07/11/2005
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State: NA | Segment: Courts | 0
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The United States Court of Appeals for the Ninth Circuit ruled that dismissal is inappropriate where the plaintiff alleges evidence of substantial impairment to major life activities.
In Head v. Glacier Northwest, Inc., No. 03-35567, 07/06/2005, Matthew Head was diagnosed with bipola...Read More
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Union Alarmed by String of B.C. Logging Accidents
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07/05/2005
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State: NA | Segment: Safety | 0
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A deadly string of accidents in British Columbia's forestry business has renewed calls for swifter action by investigators to prevent deaths and accidents, which one union official has characterized as "completely out of control."
"We seem to be seeing the same things over and over again a...Read More
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