| Injury From Usual Exertion or Exposure Concept |
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| "Injury From Usual Exertion or Exposure" Concept) More... |
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| "Dual Persona" and the Attachment of Tort Liability for a Worker's Injury |
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| Normally, given the nature of the workers' compensation system, employers are immune from an injured worker's tort action; his exclusive remedy is workers' compensation benefits. However, when the employer has such a distinct persona, separate and apart from its persona as the "employer," the employee may then pursue a tort action. The two personas of the employer are seen as separate legal entities, one of which (the employer persona) is immune from suit, and the other, distinct persona that is vulnerable to suit. More... |
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| Confidentiality of Records |
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| The Social Security Administration, like other federal agencies, is subject to the provisions of the Privacy Act of 1974. The Act prohibits the dissemination of information about an individual that is maintained by the agency including that regarding his education, finances, and medical, employment, and criminal history. An individual's application for benefits, submission of medical records, consultative examination reports, and income and resource information would all seem to be covered by the Act. With exceptions, the SSA can only disclose an individual's personal information if it receives a written request by, or with the written consent of, the individual to whom the information pertains. More... |
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| Employee Misconduct That Does and Does Not Deviate From Employment |
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| When an employee engages in misconduct, his receipt of workers' compensation benefits can be jeopardized depending on whether such misconduct constituted a deviation from his course of employment. If the employee has deviated from the course of employment, and is then injured, he will generally be denied benefits. Prohibited conduct is a marker for misconduct. It is only that prohibited conduct concerning the employee's fundamental job for which he was employed that will affect compensation eligibility. Even though prohibited, conduct that merely violates the way or means that an employee uses to accomplish his job duties is still within the course of his employment. More... |
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| Acts Outside Employee's Regular Duties That Benefit Others |
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| When an employee acts to benefit his employer, he is considered to be within the course of his employment as long as such actions were undertaken in good faith. It is immaterial whether the employee's own regular work assignments were furthered by his actions; it is merely whether the employer's interests were promoted. As a corollary to this rule, it is also the case that if an employee aids a co-worker with the co-worker's job duties, his good faith actions in doing so are also within the course of his employment. Compensation has even been awarded to an employee who was injured while helping a co-worker after the employee's regular workday had ended. The reasoning behind the allowance of compensation in instances such as this is that it is contrary to the employer's best interests to inhibit the helpful nature of employees. Thus, helping a fellow employee is advancing the employer's interests, albeit indirectly. More... |
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