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Virginia Commission is not Bound by Rules of Pleading or Evidence

The Workcomp Writer

In a decision not designated for publication, the Court of Appeals of Virginia held that the state’s Workers’ Compensation Commission is not bound by statutory or common law rules of pleading or evidence, nor by technical rules of practice [ Jenkins v. C & T Durham Trucking Co. 0381-22-1 , 2023 Va. LEXIS 103 (Feb. 14, 2023)].

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Utah Court Clarifies State’s Approach to Idiopathic Falls on Hard Surfaces

The Workcomp Writer

In a previous appeal, the Court of Appeals had determined that Ackley’s fall was idiopathic and remanded the case for the Commission to determine if work conditions increased her risk of injury. Court’s Analysis The Court clarified its stance on idiopathic falls in workers’ compensation cases. Ackley again appealed.

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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.

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Failure to Disclose Prior Work-Related Injuries Proves Fatal for NY Worker’s Claim for Continued Benefits

The Workcomp Writer

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002, for which he received schedule loss of use awards, was the sort of misrepresentation prohibited by N.Y. Workers’ Comp.

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Illinois Employee’s Termination Not Retaliatory Where it Occurred Six Weeks Prior to His Filing Comp Claim

The Workcomp Writer

The court acknowledged that had the alleged injury been witnessed by a representative of the employer, the result might have been different, the court stressed that the former employee had come forward with no evidence that the employer knew of the alleged work-relatedness of the injury or that he would eventually file a workers’ compensation claim.

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Mental Injuries- Part 3: Implications for Disability Insurers and Workers’ Compensation

Workers' Compensation Perspectives

The apparent rise in mental disability claims is a significant issue for disability insurers and workers’ compensation systems. The observed rise in workers’ compensation claims for mental injury must be interpreted in context. Handwringing over costs often misses this underlying premise.

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These Employment Laws Work to Safeguard Pay Equity for All

HR Digest

While stable sounds like a positive word, their research implies that the pay inequality between men and women is similar to the numbers from 2002, with women earning 82 percent of what their male counterparts earn. Employment laws exist to safeguard the interests of workers and ensure fair hiring and pay equity for all employees.