In a recent decision by the Full Commission, the Commission recognized that an employee suffered a specific traumatic incident resulting in injury to her back despite the fact that the pain did not...
A man from Fayette County, West Virginia has filed suit against a company in Kanawha County, West Virginia claiming that during his employment there, the company fired him in retaliation for his filing a workers' compensation claim. He also claims that his employer violated the West Virginia Human Rights Act.The suit was filed against Mountaineer Grading Company and Mickey Farmer on January 29...
Social security disability law now requires all claimants to wait 5 months after their disability to began collecting disability benefits.A bill proposed by U.S. Sen. Sherrod Brown (D., Ohio) would remove the 5 month waiting period for terminally ill claimants.The purpose of the 5 month waiting period, a standard back-to-work benchmark was meant to avoid paying benefits to those who don't have...
The North Carolina Court of Appeals has ruled that stress can be an occupational disease which will support a workers’ compensation claim. Family of dead workers collects full workers' compensation benefits.
In a recent case before the North Carolina Court of Appeals, a Judge Jackson and Judge Hunter found that an employee's undisclosed medical condition increased his risk of a back injury combined with...
Many of our workers' compensation clients are hurt so severally that they are unable to return to their former jobs. An issue often arises as to whether the injured employee should resign from his or her job or wait to be fired.The answer almost always is that the employee should not resign.An employer is justified in terminating an employee who is no longer able to work. However, if an employee...
In February, the North Carolina General Assembly moved closer to legislation that would significantly curb the amount of recovery that workers who are injured on the job can get through the North...
A cluster of workers at a pork processing plant in Minnesota have contracted an illness that has been connected with the workers' exposure to particles of pig brains. The workers were found to be exposed by inhaling the bits of pig brain during a process where the brains are blown out of the skull of the pig using compressed air. The brains are harvested packaged and sold primarily to Japan...
Employees are entitled to benefits from workers' compensation whenever they receive a personal injury "arising out of and in the course of employment. For example, a machinist received an injury to his eye from flying glass from a cola bottle while on his lunch break that caused blindness in that eye. As he was placing the bottle in the cooler, it exploded. He would be entitled to receive...
A large insurance agency has been ordered to pay $5.8 Million to a small business because it failed to obtain workers compensation insurance for that business. The agency, Hilb, Rogal and Hamilton Insurance Services, also failed to tell the company that it was not covered by workers compensation insurance. An employee of the small company was burned while at work and filed a workers...
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