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Tag Archives: Workers’ Compensation

Prior Depression Defense Bars New Termination Claim (access required)

With an appeal pending from a deputy commissioner’s denial of its 2009 application to terminate benefits, employer filed a second protective application in 2010; the Court of Appeals says the law of the case doctrine bars the second application:  employer ...

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No ‘Comp bar” from Equipment Assembly (access required)

Although a rental company employee who delivered sanitation equipment to a job site spent several extra hours assembling the custom equipment, he is not a statutory employee of defendant construction company, and the Norfolk Circuit Court overrules defendant’s special plea ...

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Employer Had No Duty for Employee Parking (access required)

The Court of Appeals affirms the commission’s determination that employee’s fall in her employer’s parking lot is not compensable:  employer was not responsible for maintaining the lot and did not control employee’s selection of parking places. Employee worked as an ...

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Second Knee Surgery Justifiably Declined (access required)

The Court of Appeals affirms the commission decision reinstating disability benefits to a convenience store assistant manager who suffered a compensable injury to her right knee; the record supports the commission finding that considering all of the circumstances, employee reasonably ...

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