Monthly Archives: April 2013

Montana: Carrier’s Decision to Stop Paying For Pain Medication Did Not Justify Attorney’s Fee Award Where Decision Was Based On Prior Decision of Workers’ Compensation Court

Stressing that “reasonableness” is a question of fact and that the review the Workers’ Compensation Court’s findings of fact were to be affirmed if supported by substantial credible evidence, the Supreme Court of Montana recently affirmed a WCC finding that … Continue reading

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Rhode Island: Utilizing “Street-Peril” or Street Risk Doctrine, Supreme Court Reverses Denial of Claim by Verizon Employee Assaulted by Random Stranger

The Supreme Court of Rhode Island recently quashed a decree by the state’s Workers’ Compensation Court Appellate Division that in turn had affirmed a denial of workers’ compensation benefits to a Verizon service technician who was assaulted by a random … Continue reading

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New Mexico: Late Filing of Death Benefits Claim May Be Excused Where Delay Was Due, In Part, to Actions of Employer

The Supreme Court of New Mexico recently held that a death benefits claim filed by the widow of an off-duty police officer, who drowned while rescuing a twelve-year-old boy from the Rio Grande, could proceed in spite of the fact … Continue reading

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Minnesota: Costs to Modify Injured Worker’s Residence to Allow For Installation of Lift System Was Limited to Statutory Max of $60K

Installation of a lift system to enable paraplegic to transfer to and from her wheelchair more safely and to live more independently were remodeling costs subject to the $60,000 limit of Minn. Stat. § 176.137, since the system required installation … Continue reading

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Louisiana: Police Officer Fails To Establish Acute Appendicitis Claim Was Connected to Fall at Police Station

A Louisiana appellate court recently affirmed a finding by the Office of Workers’ Compensation that granted an employer police department’s motion for summary judgment regarding a claim filed by a police officer who contended she sustained injury in the form … Continue reading

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Montana’s Hutterite Colony Seeks Review by U.S. Supreme Court of Decision Requiring it to Provide Workers’ Compensation Coverage for Colony’s Workers

On April 1, the Hutterite Colony, a small religious sect in Montana, asked the United States Supreme Court to review and overturn a decision by the Supreme Court of Montana in which the latter, on December 31, 2012, held that … Continue reading

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Arkansas: Health Care Technician Fails to Establish Corneal Ulcer Was Associated With Work-Related Urine Splash

An Arkansas appellate court recently affirmed a decision denying a claim filed by a patient-care technician who contended that her corneal ulcer resulted from or was exacerbated by a workplace incident in which urine splashed on her face while she … Continue reading

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