Workers' Compensation News
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USCA 8th: Makeshift Odd Jobs Defeat ADA Claim
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01/17/2005
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State: NA | Segment: Courts | 0
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The United States Court of Appeals, Eight District, ruled that in an Americans with Disabilities Act an employer assigning an injured worker to 'makeshift odd jobs' was not an admission that the employer regarded him as substantially limited in the major life activity of 'working.'In Knu...Read More
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US DOL Paying Nuke Worker Claims
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01/12/2005
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State: NA | Segment: Regulatory | 0
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The U.S. Department of Labor is moving swiftly to pay claims and benefits under a program established by the Energy Employees Occupational Illness Compensation Program Act's (EEOICPA) new "Part E" passed by Congress last year. The department announced yesterday that nearly 100 claims will be approve...Read More
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USCA 5th: 'Wilfull Concealment' = No Comp
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01/10/2005
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State: NA | Segment: Courts | 0
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The United States Court of Appeals for the Fifth District ruled last week in a split decision that a seaman who concealed his prior injuries when applying for a maritime job was not entitled to recover damages for work injuries under the Jones Act where the seaman may not have sufficiently appreci...Read More
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USCA 6th Upholds Comp Retaliatory Discharge
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12/07/2004
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State: KY | Segment: Courts | 0
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In an opinion not certified for publication, the United States Court of Appeals for the 6th Circuit has upheld the six figure jury award to an injured worker who sued for retaliatory discrimination outside the Kentucky workers' compensation system.In Bullard vs. Alcan Aluminum Corporation (0...Read More
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UCLA Contractor Jailed for Claim, Premium Fraud
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12/03/2004
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State: CA | Segment: Fraud | 0 | Popular with Other
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The 61-year-old owner of a building maintenance company that did work for UCLA and the Rose Bowl has been charged with multiple counts of filing between $600,000 to $900,000 in fraudulent workers' comp claims, the Los Angeles District Attorney's Office announced.
Charles Yi, (dob 2-17-1943)...Read More
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USCA 10th Excludes Reports Having No Bearing on Disability
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12/03/2004
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State: NA | Segment: Courts | 0
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The U.S. 10th Circuit Court of Appeals affirmed the denial of social security disability benefits where the Appeals Council did not consider evidence of medical reports that had no bearing on the plaintiff's disability prior to the date of the ALJ's hearing decision.
In Chambers v. Barnhart...Read More
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US 11th: Premium Overcharges not Antitrust
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11/22/2004
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State: NA | Segment: Courts | 0
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The U.S. 11th Circuit Court of Appeals on Thursday ruled that actions against insurance companies for premium overcharges are not subject to federal antitrust laws because the McCarran-Ferguson Act bars the claim since it concerns the "business of insurance."In
Gilchrist v. State Farm Mu...Read More
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USDC for So NY Rules on Medicare Subro Rights
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11/15/2004
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State: NY | Segment: Courts | 0
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The United States District Court for the Southern District of New York has ruled that Medicare has subrogation rights whenever another source of insurance
is deemed primary, such as workers' compensation.
In Manning v. Utilities Mutual Ins. Co. et al., 2004 WL 235256 (USDC -
SDNY), Ma...Read More
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UT's WCF Issues Cold Weather Safety Tips
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11/12/2004
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State: UT | Segment: Other | 0
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As temperatures fall, certain workplace injuries tend to rise. Utah's Workers Compensation Fund is urging workers statewide to learn preventive tactics to remain safe on the job this fall and winter.
Common cold-weather workplace injuries include vehicular accidents, slips and trips, and o...Read More
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Unlicensed FL Contractor Faces 10 Years in Jail
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11/09/2004
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State: FL | Segment: Top | 0
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An unlicensed, uninsured contractor was arrested yesterday after state insurance fraud investigators made a surprise inspection at a St. Lucie County subdivision.
Vicente Parra Martinez, 34, owner and sole officer of P.M.V. Enterprises, Inc. located at 3611 N.E. 16th Avenue in Pompano Bea...Read More
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