The New York Court of Appeals first recognized the compensability
of mental-mentals in Wolfe (Wolfe v.
Employer may offer employee's preexisting diabetic condition and his failure to promptly seek medical attention as substantial rebuttable evidence against compensability
When assessing the rehabilitation potential, one should take into account the possibility of reversibility and compensability
of the patient's abnormalities, the patient's psychological readiness for rehabilitation, the presence and severity of comorbidities, the possibility of compensating the pathology with the help of technical means, and the possibility of maintaining the existing level of pathology during its progressive course (22,23).
In determining the compensability
of an injury or illness, the SC said that substantial evidence, not preponderance of evidence, is enough.
Supreme Court has held that the compensability
of an employee's time depends on "whether [it] is spent predominantly for the employer's benefit or for the employee's."
Focus on medical and return to work management and compensability
(33) At other times, it may not have been the employer him or herself, but a related entity who denied compensability
. (34) If the trial court denies immunity, the defendant, again, may successfully challenge the denial of immunity.
of, and legal issues related to, coccidioidomycosis.
This analogy would also give the courts a bright line rule for boot-up and shutdown time compensability
, and employers would, in turn, have clear guidelines for what constitutes compensable time in a call center setting.
The AOE/COE investigation is the most effective way to empower claims associates to answer the fundamental question of compensability
accurately and promptly.
(21.) Of course, any owner's expectations as to the compensability
and value of those improvements must be shaped by its knowledge of Chinese real estate law.