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Workers' Compensation News


Worker Can't Be Compelled to Arbitrate Pursuant to Agreement She Denied Seeing 11/29/2018
Source: WorkCompCentral
State: TX | Segment: SOUTH | 151 | 0 | Popular with Legal | 10 min read
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

Worker Can't Get Summary Judgment on Labor Law Claim 11/28/2018
Source: WorkCompCentral
State: NY | Segment: NORTH | 60 | 0 | Popular with Legal | 25 min read
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

WC Educational Conference Set for Jan. 16-18 in New Orleans 11/28/2018
State: LA | Segment: SOUTH | 67 | 0 | Popular with Legal | 27 min read
The Louisiana Workers' Compensation Educational Conference will be held Jan. 16-18 in New Orleans. The conference, presented by the...Read More
WCIRB Launches Policy Year Statistical Report 11/27/2018
State: CA | Segment: WEST | 207 | 0 | Popular with Legal | 27 min read
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
Worker's Family Cannot Hold State Agency Liable for Fatal Fall at Construction Site 11/27/2018
Source: WorkCompCentral
State: CA | Segment: WEST | 577 | 0 | Popular with Legal | 19 min read
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 Case: Capps v. Department of Transportation, No. C084639, 11/21/2018, unpublished.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
Worker's Failure to Comply with Procedural Rules is Fatal to Appeal 11/27/2018
Source: WorkCompCentral
State: NC | Segment: SOUTH | 83 | 0 | Popular with Legal | 27 min read
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

Worker Overcomes Presumption of Intoxication From Admitted Use of Marijuana 11/21/2018
Source: WorkCompCentral
State: OK | Segment: SOUTH | 293 | 0 | Popular with Legal | 25 min read
The Court of Civil Appeals this week ruled that a worker who tested positive for marijuana overcame the statutory presumption that his hand injury was caused by intoxication from his admitted drug use. ...Read More

Widow Can't Get Penalties for Employer's Failure to Pay Award of Litigation Costs 11/21/2018
Source: WorkCompCentral
State: PA | Segment: NORTH | 104 | 0 | Popular with Insurance | 2 min read
The Commonwealth Court of Pennsylvania ruled that a worker’s widow was not entitled to penalties from her late husband’s employer for failing to pay an award of litigation costs. ...Read More

WCD Proposes Stiffer Penalties; Voc Experts Seek Changes to Training Standards 11/21/2018
State: OR | Segment: WEST | 105 | 0 | Popular with Insurance | 7 min read
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

Worker's Catastrophic Stroke Didn't End Employer's Liability for PTD Benefits 11/20/2018
Source: WorkCompCentral
State: NE | Segment: NORTH | 117 | 0 | Popular with Insurance | 35 min read
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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