Workers' Compensation News
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Worker Can't Be Compelled to Arbitrate Pursuant to Agreement She Denied Seeing
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11/29/2018
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Source: WorkCompCentral
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State: TX | Segment: SOUTH | 151 | 0 | Popular with Legal | 10 min read
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A Texas appellate court upheld a trial judge’s finding that a worker had not entered into a binding arbitration agreement with her employer, despite evidence that a computer user had viewed and consented to arbitration after entering two sets of login credentials assigned to her.
...Read More
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Worker Can't Get Summary Judgment on Labor Law Claim
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11/28/2018
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Source: WorkCompCentral
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State: NY | Segment: NORTH | 60 | 0 | Popular with Legal | 25 min read
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A New York appellate court ruled that a worker was not entitled to summary judgment on his Labor Law claim against a property owner for an alleged fall at a construction site, and it said the worker was properly allowed to proceed with a negligence claim against the scaffolding subcontractor....Read More
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WCIRB Launches Policy Year Statistical Report
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11/27/2018
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State: CA | Segment: WEST | 207 | 0 | Popular with Legal | 27 min read
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The Workers’ Compensation Insurance Rating Bureau posted to its website a spreadsheet including data on claim costs in California doing back to 2003.
The spreadsheet includes pages showing losses by injury type, exposure by North American Industry Classification System sector and ex...Read More
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Worker's Family Cannot Hold State Agency Liable for Fatal Fall at Construction Site
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11/27/2018
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Source: WorkCompCentral
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State: CA | Segment: WEST | 577 | 0 | Popular with Legal | 19 min read
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A California appellate court ruled that the family of a highway construction worker could not hold the Department of Transportation liable for the worker’s fatal fall.
Case: Capps v. Department of Transportation, No. C084639, 11/21/2018, unpublished.
Facts: Bradley Capps wor...Read More
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Worker's Failure to Comply with Procedural Rules is Fatal to Appeal
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11/27/2018
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Source: WorkCompCentral
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State: NC | Segment: SOUTH | 83 | 0 | Popular with Legal | 27 min read
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The North Carolina Court of Appeals ruled that an injured worker’s failure to provide proof he had timely filed his notice of appeal deprived the court of jurisdiction to review the merits of his claim.
Case: Bradley v. Cumberland County, No. COA18-334, 11/20/2018, published.
...Read More
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WCD Proposes Stiffer Penalties; Voc Experts Seek Changes to Training Standards
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11/21/2018
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State: OR | Segment: WEST | 105 | 0 | Popular with Insurance | 7 min read
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The Oregon Workers’ Compensation Division is proposing legislation to increase the cap on penalties for failing to pay administrative assessments, and vocational experts are proposing to relax the criteria used to determine whether an injured worker is eligible for retraining.
...Read More
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Worker's Catastrophic Stroke Didn't End Employer's Liability for PTD Benefits
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11/20/2018
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Source: WorkCompCentral
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State: NE | Segment: NORTH | 117 | 0 | Popular with Insurance | 35 min read
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The Nebraska Supreme Court unanimously ruled that an employer was not relieved from its duty to pay permanent and total disability benefits to an injured employee who suffered a catastrophic stroke unrelated to her compensable injury.
...Read More
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