Labor & Employment Personal Injury Health

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Health Alert (Australia) - June 16, 2014

In This Issue: Judgments; Legislation; and Reports. - Except from Judgments: New South Wales - 12 June 2014 - Rosten v Mid North Coast Local Health District [2014] NSWIRComm 29 - This was...more

ERISA (7th Cir.): Beneficiary and Attorney Who Ignore Subrogation Lien for Medical Bills Paid by ERISA Plan “Better Call Saul”

You have seen this one before: The ERISA plan pays hundreds of thousands of dollars in medical bills and secures an equitable lien. Then, the ERISA plan beneficiary settles a tort claim, but refuses to reimburse the ERISA...more

Health Alert (Australia) - 17 February 2014

In This Issue: Judgments, Legislation, and Reports. Except from Reports: Australia. National Health & Medical Research Council (NHRMC) - 12 February 2014 - NHMRC - funded research among...more

Appellate Court Notes - Week of December 23

AC34963 - Compassionate Care, Inc. v. Travelers Indemnity Co. - The plaintiff was in the business of maintaining a list of nurses it referred out, as needed, to hospitals and nursing homes. It did background checks on...more

The Supreme Court Defers to Plan Language in U.S. Airways, Inc. v. McCutchen

Summary - In U.S. Airways, Inc. v. McCutchen, the US Supreme Court recently considered whether certain equitable defenses override the terms of a welfare plan in a plan fiduciary's suit for reimbursement under §...more

Express Plan Terms Allow Self-Insured Plan to Recover Medical Benefits Paid to Employee Post-McCutchen

In Quest Diagnostics v. Bomani, et al., 11-CV-00951 (D. Conn., June 19, 2013), the court granted Quest Diagnostic’s (“Quest”) motion for summary judgment, ruling that Quest, as the fiduciary to its self-insured medical plan,...more

Group Health Plan Can Enforce Reimbursement Rights Against Trustee

On the heels of the United States Supreme Court’s recent holding in U.S. Airways v. McCutchen, where the Court held that a group health plan’s reimbursement rights are not automatically subject to equitable defenses, it...more

High Court Holds Equitable Defenses Do Not Trump ERISA Plan’s Clear Reimbursement Language

The Supreme Court’s April decision in U.S. Airways, Inc. v. McCutchen resolves a circuit split on the issue of a medical plan’s right to reimbursement of medical expenses from a plan participant who recovers on a personal...more

Supreme Court Clarifies Subrogation Rights, Emphasizes Need for Precise Plan Language

Plan sponsors, particularly those that sponsor self-funded health plans, should review plan document provisions in light of the recent decision of the Supreme Court of the United States in US Airways, Inc. v. McCutchen. In...more

Supreme Court Upholds Health Plan’s Right To Recover Money from Third Party

The U.S. Supreme Court has ruled that the clear terms of an employer's group health plan override an employee's equitable defenses in determining the plan's right to recover amounts from a third party. This decision points...more

The U.S. Supreme Court Upholds Plan Sponsor’s Recovery Of Participant Damages Award

On April 16, 2013, the U.S. Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen finding in favor of U.S. Airways in its quest to recover $66,866 in medical expenses incurred by its employee as a result of a...more

Illinois Jury Found Nursing Home Liable For $28.1 Million In Whistleblower Case Alleging Substandard Care And Resident Abuse

An Illinois district court jury in United States v. Momence Meadows Nursing Center, Inc. recently issued a verdict on February 11, 2013 imposing $28.1 million in civil penalties on the operators of a nursing home. The nursing...more

Creepy Crawly Bedbugs—What Do They Have to Do with OSHA?

With Halloween right around the corner, what better time to blog about creepy, crawly things that go bump in the night? Or at least just bedbugs....more

New York Erb’s Palsy Lawyer from The Perecman Firm Commends NFL Player Adrian Clayborn

New York Erb’s palsy lawyer David Perecman applauds Adrian Clayborn of the Tampa Bay Buccaneers. The defensive end is playing outstanding NFL football this season even with damage to his arm caused by Erb’s palsy. “His...more

New York Nursing Home Abuse Lawyer from The Perecman Firm Comments on the Unconscionable Abuse of Adult Home Residents in Brooklyn...

New York nursing home abuse lawyer David Perecman comments on the charges filed by residents at the Garden of Eden Home in Brooklyn. The residents claim that they were abused mentally, emotionally, and financially by adult...more

Liability for Snow and Ice Removal

Client Alert about the Massachusetts laws regarding liability for damages from snow and ice...more

Workplace First Aid - Resonsibility or Liability?

OSHA requirements regarding first aid, and analysis of reasons a company should use to decide whether or not to have trained first aid providers....more

The First Steps You Need to Take When you Suffer an Injury At Work

If you are injured on the job, you may be entitled to benefits, including medical care, under the Illinois Workers’ Compensation Act. However, in order to establish that you have a valid workers’ compensation claim there...more

Tech at VA Dental Center in St. Louis Warned Officials About Poor Sterilization

Earlene Johnson worked as a medical supply technician at the St. Louis Veterans Affairs Medical Center, where almost 2,000 veterans may have been exposed to Hepatitis B and C and HIV due to poor sterilization practices. She...more

Does an employer have a duty to protect spouse of employee from exposure to asbestos?

Simpkins v. CSX Corp., No 5-07-0346, raises the novel issue of whether an employer owes a duty to the spouse of an employee who contracted mesothelioma as a result of her exposure to her husband’s work clothes. This was an...more

Hissey Kientz to Hold Testing Sessions for Victims of Asbestos Exposure

The law firm of Hissey Kientz, LLP is conducting two asbestos testing sessions in the El Paso, Texas area for individuals who may have developed cancers such as mesothelioma or other diseases as a result of asbestos...more

Hissey Kientz, LLP Announces Its Support For A New Bill That Would Protect The Rights Of Victim Of Asbestos Exposure Who Have...

The law firm of Hissey Kientz, LLP wishes to announce its support for a new bill that would make it easier for sufferers of malignant mesothelioma to prove that their injuries were caused by exposure to asbestos. The bill...more

Hissey Kientz, LLP Announces the Launch of Mesothelioma Lawyers Help Web Site

The law firm of Hissey Kientz, LLP has announced the launch of its new website, Mesothelioma Lawyers Help (http://www.mesotheliomalawyershelp.com). Mesothelioma is a deadly form of cancer linked to exposure to asbestos....more

Fenwick Employment Alert

IN THIS ISSUE: *U.S. Supreme Court Determines That Civil Rights Act Covers Retaliation Claims *Union Sponsors Wage and Hour Lawsuit As Means To Organize Workforce *Mere "Temporal Proximity" Insufficient To Allow...more

Patient Resource Mesothelioma Hotline Launched

The law firm of Hissey Kientz has announced the launch of its new website, Mesothelioma Hotline. The website is a resource for information about asbestos and mesothelioma, and will provide mesothelioma patients and their...more

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