Monthly Archives: August 2015

Kentucky High Court Says “Concurrent” Wages May Only Be Considered for AWW Computation if Concurrent Employment Existed on DOI

Where an injured employee had but one employer on the date of injury, the employee’s average weekly wage must be computed by considering only the wages from that employer; “concurrent” wages earned during the relevant “look-back” period of time normally … Continue reading

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Tennessee Mattress Store Manager Prevails in PTSD Claim After Encounter with Purse Snatching Customers

The manager of a Tennessee mattress store, who alleged that she sustained a psychological injury (“PTSD”) when she pursued two persons into the employer’s store parking lot after they had stolen her her purse under a desk near the front … Continue reading

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NC Employee’s Injury Playing Laser Tag Found Compensable

An employee who suffered a knee injury while playing laser tag at a company-sponsored marketing conference sustained an accidental injury arising out of and in the course of the employment, held the Court of Appeals of North Carolina recently [Holliday … Continue reading

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Illinois Welder’s Knee Injury While Swiveling in Chair Found Compensable

Using a neutral risk analysis, an Illinois appellate court reversed a trial court’s decision that in turn had affirmed the denial of workers’ compensation benefits to a worker who injured his left knee while performing welding operations at his employer’s … Continue reading

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NC: Surviving Spouse Loses Claim for Death Benefits Since She Neither Lived With Nor Was Dependent Upon Worker at Time of His Death

A surviving spouse was not entitled to receive workers’ compensation death benefits where evidence established that she left the family home several years prior to the deceased employee’s death, rarely spoke with him thereafter, did not rely upon him for … Continue reading

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Under DC Comp Act, Emailing Order to Employer Does Not Start 10-Day Period for Payment Without Penalty

Virtually all workers’ compensation acts impose a penalty for late payment of benefits. For example, D.C. Code § 32–1515(f) provides for a 20 percent penalty if any compensation is not paid within 10 days “after it becomes due.” The D.C. … Continue reading

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Average Wage Calculation Must Be Computed For Nevada Self-Employed FedEx Driver

The lack of a salary associated with typical employment does not necessarily prevent an average monthly wage calculation for a self-employed injured Nevada worker, held the state’s Supreme Court last Thursday [Mensah v. CorVel Corp., 2015 Nev. LEXIS 64, 131 … Continue reading

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