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Kujawa v. COBORN’S, INC

Case Conclusion Date: 02.16.2011

Practice Area: Workers Compensation

Outcome: Prevailed

Description: Where, in their NOID, the employer and insurer had themselves raised the issue of causation of the cyst in the employee’s hip by referring to it as “a personal health condition” basic to the employee’s refusal of the employer’s job offer, the compensation judge could not fully address the NOID without resolving that causation issue in addition to the reasonable refusal issue, and the employer and insurer could not argue on appeal that they were prejudiced by the judge’s findings on the causation issue as an improper expansion of issues in an expedited hearing.

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