Lawyers USA Online » workers’ compensation http://lawyersusaonline.com Your Business Partner Wed, 19 Jun 2013 17:39:09 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 Worker can’t get comp for post-traumatic stress disorder  http://lawyersusaonline.com/blog/2013/06/11/worker-cant-get-comp-for-post-traumatic-stress-disorder/ http://lawyersusaonline.com/blog/2013/06/11/worker-cant-get-comp-for-post-traumatic-stress-disorder/#comments Tue, 11 Jun 2013 19:29:26 +0000 Pat Murphy http://lawyersusaonline.com/?p=93193 An injured employee was not entitled to workers’ compensation benefits for a post-traumatic stress disorder that he was unable to show was caused by a compensable physical injury, the Ohio Supreme Court has ruled in affirming judgment.

The plaintiff worked as a dump-truck driver. He sustained back injuries when his
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]]> http://lawyersusaonline.com/blog/2013/06/11/worker-cant-get-comp-for-post-traumatic-stress-disorder/feed/ 0 Medicare statute doesn’t preempt state comp law  http://lawyersusaonline.com/blog/2013/05/22/medicare-statute-doesnt-preempt-state-comp-law/ http://lawyersusaonline.com/blog/2013/05/22/medicare-statute-doesnt-preempt-state-comp-law/#comments Wed, 22 May 2013 20:08:43 +0000 Pat Murphy http://lawyersusaonline.com/?p=92918 The Medicare Secondary Payer Statute does not preempt a state law requiring a workers’ compensation claimant to obtain preauthorization before incurring certain medical expenses, the 5th U.S. Circuit Court of Appeals has ruled in affirming judgment.

The plaintiff injured his back at work and began receiving workers’ compensation benefits from
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]]> http://lawyersusaonline.com/blog/2013/05/22/medicare-statute-doesnt-preempt-state-comp-law/feed/ 0 Workers’ comp disclaimer barred personal injury suit  http://lawyersusaonline.com/blog/2013/05/02/workers-comp-disclaimer-barred-personal-injury-suit/ http://lawyersusaonline.com/blog/2013/05/02/workers-comp-disclaimer-barred-personal-injury-suit/#comments Thu, 02 May 2013 17:09:31 +0000 Pat Murphy http://lawyersusaonline.com/?p=92613 An employee waived her right to sue her employer’s customers for negligence when she signed a workers’ compensation disclaimer at the time she was hired, the Pennsylvania Supreme Court has ruled in affirming a dismissal.

The plaintiff was employed as a private security guard with the defendant. At the time
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]]> http://lawyersusaonline.com/blog/2013/05/02/workers-comp-disclaimer-barred-personal-injury-suit/feed/ 0 VA may intervene in workers’ comp proceeding  http://lawyersusaonline.com/blog/2013/05/02/va-may-intervene-in-workers-comp-proceeding/ http://lawyersusaonline.com/blog/2013/05/02/va-may-intervene-in-workers-comp-proceeding/#comments Thu, 02 May 2013 17:01:51 +0000 Pat Murphy http://lawyersusaonline.com/?p=92609 The U.S. Department of Veterans Affairs (VA) could intervene in the workers’ compensation proceeding of a veteran in order to ensure payment for medical care provided for a work-related injury, the Missouri Supreme Court has ruled in reversing judgment.

The claimant in the case is a veteran who received care
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]]> http://lawyersusaonline.com/blog/2013/05/02/va-may-intervene-in-workers-comp-proceeding/feed/ 0 Benchmarks: Croc-wearing nurse gets comp for idiopathic fall  http://lawyersusaonline.com/blog/2013/05/02/benchmarks-croc-wearing-nurse-gets-comp-for-idiopathic-fall/ http://lawyersusaonline.com/blog/2013/05/02/benchmarks-croc-wearing-nurse-gets-comp-for-idiopathic-fall/#comments Thu, 02 May 2013 14:09:51 +0000 Pat Murphy http://lawyersusaonline.com/?p=92596 A nurse will be receiving workers’ compensation benefits for an unexplained fall at work after the Tennessee Supreme Court turned a blind eye to the fact that she was wearing Crocs in violation of workplace rules.

Crocs are those silly plastic shoes that became a fad about six or seven
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]]> http://lawyersusaonline.com/blog/2013/05/02/benchmarks-croc-wearing-nurse-gets-comp-for-idiopathic-fall/feed/ 0 Suicide attempt compensable under Longshore Act  http://lawyersusaonline.com/blog/2013/04/12/suicide-attempt-compensable-under-longshore-act/ http://lawyersusaonline.com/blog/2013/04/12/suicide-attempt-compensable-under-longshore-act/#comments Fri, 12 Apr 2013 15:37:59 +0000 Pat Murphy http://lawyersusaonline.com/?p=92337 A dock worker who injured himself in a suicide attempt may be entitled to benefits under the federal Longshore and Harbor Workers’ Compensation Act, the 9th U.S. Circuit Court of Appeals has ruled in reversing an administrative denial of benefits.

In 2001, the plaintiff suffered serious injuries when he fell
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]]> http://lawyersusaonline.com/blog/2013/04/12/suicide-attempt-compensable-under-longshore-act/feed/ 0 Benchmarks: Comp recipient didn’t forfeit benefits by ‘working’  http://lawyersusaonline.com/blog/2013/03/11/benchmarks-comp-recipient-didnt-forfeit-benefits-by-working/ http://lawyersusaonline.com/blog/2013/03/11/benchmarks-comp-recipient-didnt-forfeit-benefits-by-working/#comments Mon, 11 Mar 2013 15:18:34 +0000 Pat Murphy http://lawyersusaonline.com/?p=91814 An employer thought it had caught a supposedly disabled employee dead to rights when a private investigator’s surveillance video showed the employee working at her boyfriend’s herbal remedies store.

But a state top court decided Friday that her workers’ compensation benefits were safe because she hadn’t “knowingly” engaged in fraud.


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]]> http://lawyersusaonline.com/blog/2013/03/11/benchmarks-comp-recipient-didnt-forfeit-benefits-by-working/feed/ 0 Comp exclusivity may not bar wrongful death suit  http://lawyersusaonline.com/blog/2013/02/15/comp-exclusivity-may-not-bar-wrongful-death-suit/ http://lawyersusaonline.com/blog/2013/02/15/comp-exclusivity-may-not-bar-wrongful-death-suit/#comments Fri, 15 Feb 2013 16:48:33 +0000 Pat Murphy http://lawyersusaonline.com/?p=91374 An employer could be sued for the wrongful death of an employee under the theory that it was the successor of the entity that caused the accident, the South Carolina Supreme Court has ruled in answering a certified question from a U.S. District Court.

The defendant hired the plaintiff’s husband
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]]> http://lawyersusaonline.com/blog/2013/02/15/comp-exclusivity-may-not-bar-wrongful-death-suit/feed/ 0 Benchmarks: Heart attack at work isn’t compensable  http://lawyersusaonline.com/blog/2013/01/28/heart-attack-at-work-isnt-compensable/ http://lawyersusaonline.com/blog/2013/01/28/heart-attack-at-work-isnt-compensable/#comments Mon, 28 Jan 2013 16:04:42 +0000 Pat Murphy http://lawyersusaonline.com/?p=90928 An Idaho prison guard will not be receiving workers’ compensation benefits after failing to show that the plaque rupture that caused his heart attack was triggered by events that occurred after he arrived at work.

“[The claimant] was required to prove the cause by producing expert testimony showing that the
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]]> http://lawyersusaonline.com/blog/2013/01/28/heart-attack-at-work-isnt-compensable/feed/ 0 Attorney lien had priority over Medicaid claim  http://lawyersusaonline.com/blog/2013/01/24/attorney-lien-had-priority-over-medicaid-claim/ http://lawyersusaonline.com/blog/2013/01/24/attorney-lien-had-priority-over-medicaid-claim/#comments Thu, 24 Jan 2013 17:20:54 +0000 Pat Murphy http://lawyersusaonline.com/?p=90886 An attorney lien had statutory priority over a state’s lien for Medicaid reimbursement with respect to an award of workers’ compensation benefits, the Missouri Court of Appeals has ruled in reversing judgment.

The lawyer represented a client who filed a claim for workers’ compensation. The lawyer obtained an award of
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