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Workers’ comp exclusion in UIM policy unenforceable (access required)

Published: October 25, 2011

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An exclusion for those covered by workers’ compensation in an employer-provided underinsured motorist policy violates state public policy and is therefore unenforceable, the Pennsylvania Supreme Court has ruled.

Employee can sue for wrongful discharge in violation of public policy (access required)

Published: June 10, 2011

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An employee can file a common-law tort claim for wrongful discharge in violation of public policy where he suffered retaliatory employment action after he was injured on the job but before he filed a workers’ compensation claim, the Ohio Supreme Court has ruled.

Comp exclusivity doesn’t bar suit against partnership (access required)

Published: May 16, 2011

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State workers’ compensation law does not bar a personal injury suit against a general partnership brought by an employee of the managing general partner, the New Jersey Appellate Division has ruled in affirming judgment.

Ariz. court rules on workers’ comp statute (access required)

Published: May 2, 2011

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A physician’s rating of an injured worker’s impairment should be based on the standards in the latest edition of the American Medical Association Guides existing when the claimant’s impairment was rated, the Arizona Supreme Court has ruled.

Workers’ comp payments are taxable (access required)

Published: April 8, 2011

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A taxpayer inadvertently forfeited her right to exclude workers’ compensation payments from taxable income by receiving Social Security benefits, the U.S. Tax Court has ruled in affirming a $5,000 deficiency assessment.

Comp insurer can’t be sued for worker’s suicide (access required)

By: Pat Murphy
Published: March 24, 2011

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A workers’ compensation insurer can’t be sued for failing to authorize 24-hour psychiatric care for an insured who later committed suicide, a U.S. District Court in Maryland has ruled in granting a dismissal.

MRSA infection covered by workers’ comp (access required)

By: Pat Murphy
Published: March 9, 2011

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A MRSA infection contracted by a millwright was an “injury” covered by state workers’ compensation law, the Oregon Court of Appeals has ruled in affirming an award of benefits.

Comp exclusion doesn’t bar health insurance coverage (access required)

By: Pat Murphy
Published: February 23, 2011

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A worker’s compensation exclusion in a health insurance contract did not bar coverage of unpaid medical expenses from a work-related injury, the Missouri Court of Appeals has ruled in reversing judgment.

Worker wins $50.6 million in battle over fall damages (access required)

By: Sylvia Hsieh
Published: January 3, 2011

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In a downtown Manhattan courtroom last month, a jury awarded $50.6 million to a worker left paralyzed after he fell 15 feet from a New York City scaffold in 2007.

‘Last employer’ liable for asbestos exposure (access required)

By: Pat Murphy
Published: December 13, 2010

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A shipyard worker’s last employer was liable for his asbestos exposure based upon its inability to rebut the statutory presumption for occupational diseases under federal law, the 9th Circuit has ruled in reversing judgment.

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