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Divided R.I. High Court Says Workers’ Comp Release Was Sufficiently Broad to Bar Discrimination Claim Against Employer

The Workcomp Writer

The majority held the terms of the release signed by the injured worker were unambiguous and clearly released the employer from all claims that the worker might be able to file against the employer, including those that might be filed with the state’s Human Rights Commission. Background. Motion for Summary Judgment.

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Missouri: Review Application Not Untimely Where Delay Was Due to “Postage Due” Error by USPS

The Workcomp Writer

In Missouri, applications for Commission review, when sent by USPS, are “deemed to be filed as of the date they are endorsed by the United States post office on the envelope or container in which such paper is received ” [§ 287.480 R.S.Mo.]. The Commission received the October 29 mailing on November 1. Hawthorn Child.’s

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Wyoming High Court Says MD’s Certification is Not Required in Odd Lot Cases

The Workcomp Writer

Gray objected to the Division’s decision, and the matter was referred to the Medical Commission. Once the worker has shown such odd lot status, the burden shifts to the Division or to the employer to show that light work of a special nature could be performed by the worker. 2013 WY 28, 297 P.3d State ex rel.

Medical 52
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Insurance Agent's Conduct Determines Liability for Failure to Inform an Employer of Workers' Compensation Coverage Options

Workers' Compensation

The NJ Supreme court held that the insurance agent's conduct must be a willful, wanton, or grossly negligent act of commission or omission for failure to advise an employer about workers' compensation coverage for a Limited Liability Corporation. Informed by the Legislature’s expression of public policy in N.J.S.A. 34:15-36 prescribes.

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Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Workers' Compensation

Several studies have indicated evidence that the assumptions underlying the FCC and the International Commission on Non-Ionizing Radiation Protection [ICNIRP] concerning exposure limits are invalid and are harmful to humans. International Commission on the Biological Effects of Electromagnetic Fields (ICBE-EMF). 350 N.J.Super.

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Cohabitating “Spouse” Allowed Death Benefits Under Texas Common Law Rules

The Workcomp Writer

They began living together in New York in November 2013. The couple moved to Texas together in January 2014, where Hofer began employment with the Euless Police Department. Reviewing the evidence, the court noted that Danylyk and Hofer met in New York in 2011, and began dating in February 2012.

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Departures and Progress

Florida Workers' Comp

See Baseball, Hotdogs, Apple Pie, and Chevrolet (July 2013); What is Right with Comp (June 2016); What is Different (December 2021); Diversity, Equity, and Inclusion (October 2022). These pages have periodically noted that the only constant is change. The law is ever-changing. Workers' compensation as a community is ever-changing.