Workers' Compensation -- Compensable Accident

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    Workers’ compensation laws first made an appearance in this country in the early 1900s in response to concerns that employees injured at work were not being treated fairly—they had little bargaining power and seldom prevailed in court against employers, which generally had the law on their side. Indeed, an estimated 70 to 94 percent...

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    Intoxicated Kansas worker who fell through roof qualifies for workers' compensation. After throwing back a few beers on a Sunday morning, an employee was instructed to repair the roof of a building. While he was on the roof, a swarm of ants attacked him, and he fell through the roof as he tried to brush them off. Although the employee's blood...
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    The New Jersey Appellate Division recently upheld a workers' compensation award to a Harrah's Atlantic City employee injured in a car accident that occurred while she was leaving work. Facts Harrah's operates a casino in Atlantic City, where Carla Burdette worked as a card dealer. After she completed her shift on September 19, 2012, Burdette...
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    The Oregon Court of Appeals recently ruled that the part of Oregon's workers' compensation law that makes workers' comp the exclusive remedy for injured workers — ORS 656.018 — is unconstitutional if a worker has no remedy at all for his job-related injuries. Let's take a closer look at the case. ALJ denies workers' comp claim Dan...
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    In Vermont, an injury must "arise out of" work to be compensable. An employee's injury is considered to have arisen out of his employment "if it would not have occurred but for the fact that the conditions and obligations of the employment placed [him] in the position where [he] was injured." But sometimes injuries occur off work premises, and it...
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    For more than 20 years, West Virginia law has recognized the general workers' compensation tenet that an employee must sustain a physical injury in order to claim benefits related to an occupational injury. Purely psychological conditions such as emotional distress or fear aren't deemed compensable without a physical injury that can be identified...
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    This month, we discuss Virginia cases addressing two laws that continually plague Virginia employers: the Virginia Workers' Compensation Act and the federal Family and Medical Leave Act (FMLA). Fortunately, the employer prevailed in each case. Waitress fails to prove injury was job-related Samantha Dianna, who worked as a server at Kings Arms...
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    The Arkansas Court of Appeals recently held that an employee's slip and fall during a work break was a noncompensable injury because he wasn't acting to advance his employer's interests at the time of the accident. Facts Cecil B. Shelton, a 15-year employee of Qualserv and American Casualty Company, slipped and fell on some ice in the company...
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    The West Virginia Supreme Court of Appeals recently affirmed a lower tribunal's decision that an employee didn't sustain an injury in the course of her employment when she injured her wrist and shoulder while helping a coworker lift a box as a personal errand. Even though the supreme court did not make new law with this decision, the justices did...
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    Employers deal with job-related accidents and injuries on a fairly frequent basis. How you respond to the medical opinions about the injury, deciding to accept or deny a claim, and how you treat the injured employee are often the subject of litigation. During June, the South Carolina Court of Appeals decided two cases involving the application of...
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