Workers' Compensation

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    The Arkansas Court of Appeals recently held that an employee was not qualified for disability benefits because she failed to provide evidence that she was totally and permanently disabled. Background On July 12, 2010, Lecia Templeton, who was 51, sustained a compensable back injury while working for Dollar General. On September 27, 2011, she...
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    The Arkansas Court of Appeals recently upheld the Arkansas Workers' Compensation Commission's (AWCC) decision to deny benefits to the surviving beneficiaries of a worker whose death was due to a non-work-related incident following a compensable injury. Background In 2009, James Loar Jr. overdosed on methadone while being treated for withdrawal...
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    As we previously reported, in March 2013, a Cuyahoga County trial court awarded $859,440,258.79 to a group of approximately 270,000 employers that were classified as "nongroup" employers under the Ohio Bureau of Workers' Compensation (BWC) group rating program between 2001 and 2008. The trial court ruled that the BWC overcharged the nongroup...
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    Alternative work arrangements are fast becoming a major job incentive in the American workforce. Some studies place flexible work programs as the second-highest contributor (after compensation) to job satisfaction. As technology changes and fewer jobs need to be performed on-site, telecommuting is becoming more than just a once-in-a-while thing...
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    Under North Dakota law, any individual who performs work for remuneration or wages is presumed to be an employee. To overcome that presumption, an employer must provide evidence under a 20-factor common-law test that is complicated and confusing. That said, there are definitely benefits to using independent contractors instead of employees...
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    During its legislative hearing on January 14, 2014, the Senate Commerce Committee heard testimony on a number of workers' compensation-related bills supported by employees and claimants' attorneys. Senate Bill (SB) 204 would expand permanent impairment awards. Under the current statute, an injured employee is entitled to a single lump-sum...
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    Q We have an employee over age 65 who has been a manager for over 40 years and has excellent evaluations in his file. Recently we have learned that his department is possibly committing fraud in their documentation of paperwork. He doesn't abide by company policy, doesn't meet deadlines, and has been written up one time for sexual harassment. Can...
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    Q We are a manufacturer with labor-intensive positions. Can we conduct prehire background checks that focus on a potential employee's workers' compensation history? Are there any federal or state concerns to be mindful of? A Inquiring into workers' comp claims made by a job applicant is unlawful. Both the federal Americans with Disabilities Act...
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    It has been several years since a new "pandemic" has made the news. The United States is currently experiencing one of the most widespread flu outbreaks in years, and it is the familiar H1N1 strain that is largely to blame. More alarming is the fact that young adults are falling prey to the flu at unusually high rates because they are...
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    Q We provide income tax audit representation and have access to private and financial information for our members. Can we still ask about criminal convictions on our applications? A Absolutely. Any employer can ask about criminal convictions on employment applications. The caveat is what you do with the applicant's answer. You need to know the...
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