Many people associate workers’ compensation with one-time catastrophic work accidents such as a construction worker falling from scaffolding or a carpenter losing a limb. While these types of devastating injuries are most certainly eligible for workers’ compensation, there are other injuries that can take months or even years to develop.  Repetitive strain injury workers’ compensation cases, sometimes called Mancini workers’ compensation cases, are also compensable under the Pennsylvania Workers’ Compensation Act.

When an employee of a subcontractor does work for another contractor, the Virginia Workers Compensation Commission may view the arrangement as that of a “borrowed servant” or “loaned employee” and make the supervising company pay comp benefits.

When OWCP sends you a letter telling you to do something, if there is an explicity threat that if you don't cooperate your benefits will be sanctioned, then you cannot ignore the letter. However, if the letter does not give you notice that there is a penalty for not responding, then you may want to consider whether or not you respond. 

If the Office of Workers Compensation Programs (OWCP) denies a FECA claim, the District Office’s decision should clearly state the reasons why the claim was denied. A common reason for denial is that the evidence submitted by the claimant does not satisfy the claimant’s burden of proof. Often a claim is denied because the medical evidence does not establish that the claimant’s medical condition was caused by a compensable (or work-related) factor. The OWCP requires the claimant to submit a report that provides medical rationale.

Every workers’ compensation case is different, and, often even tougher to reconcile, every state has different laws with respect to workers’ compensation.  Workers’ compensation is intended to provide wage replacement and medical benefits to injured workers.  In most jurisdictions, it’s also designed to compensate injured workers for the permanent disability they sustained.  

There have been studies supporting the conclusion that long-term, daily use of talcum powder may increase the risk of ovarian cancer, but the debate continues as to whether there is any connection. This was the second big verdict in a talcum powder case, and Johnson & Johnson, the defendant in the recent case, has vowed an appeal.

Earlier this year, the case of Clark County vs. McManus went before the Washington State Supreme Court, ultimately raising the question of whether the “special consideration” jury instruction be treated as discretionary or mandatory. The “special consideration” instruction requires that testimony from injured workers’attending physicians be given careful thought or special consideration by the fact finder be that the Department, a judge, or a jury.

This blog examines the designation of a workers' compensation claim and defines exclusiveness of liability.“Exclusive” liability is a fancy way of saying the only thing an employer has to provide for workplace injury is workers compensation coverage. 

In seeking workers’ compensation benefits for medical care in Alabama for a work-related injury, you should seek medical treatment from a physician chosen by your employer or the insurance company of the employer. In most instances, if you seek medical care from your own physician you will be responsible for these costs.