Worker’s Compensation Business Torts

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What Is Workers’ Compensation Fraud?

Workers’ compensation is a state-mandated program intended to provide speedy medical benefits and other benefits to workers injured on the job. Benefits are obtained through insurance policies paid for by employers in...more

Bad Faith Claims Permitted Against Self-Insured Employers In Iowa – “Fairly Debatable” Defense Precludes Finding This Time

A federal trial court in Iowa confirmed that first-party bad faith claims may be cognizable against both insurers and self-insured employers. In Spencer v. Annett Holdings, Inc., 905 F.Supp.2d 953 (S.D. Iowa, Nov. 27, 2012),...more

Saskatchewan Trial Court Awards Record Punitive Damages for Insurer Bad Faith

A Justice of the Saskatchewan Court of Queen’s Bench has assessed punitive damages totalling $4,500,000 against two insurers in a recent trial decision, Branco v. American Home Assurance et. al., 2013 SKQB 98. In rendering a...more

"Probability" of Having Contracted Communicable Disease at Work Held Sufficient to Assert an Occupational Disease Claim Even in...

In a recent opinion, the Missouri Court of Appeals for the Western District held a workers' compensation claimant had sufficiently proven her husband sustained an occupational disease arising out of and in the course of his...more

Ohio Supreme Court Offers Clarification of Employment Intentional Tort Statute

In a decision favorable to Ohio employers, the Ohio Supreme Court recently clarified the circumstances under which an employer can be found to have committed an “employment intentional tort.” The Court’s decision, in Hewitt...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Office Parties: Celebrate the Season Without Getting Sued!

It’s that time of year! Tis the season for toasts and traditions, presents and parties, secret Santa’s and sexual harassment, lawyers and lawsuits. . . Wait, what? Unfortunately, it’s true. Santa is not...more

Constant Email Access Increases Employee Stress

Five days away from email equals less stress. This may sound obvious, but that was the conclusion of a recent study that took away email from thirteen civilian workers at an Army facility outside Boston, according to a...more

OSHA Requirements for Small Business

The Occupational Safety and Health Administration (OSHA) is part of the US Department of Labor. It was created “to assure safe and healthful working conditions for working men and women by setting and enforcing standards and...more

Employer Right to Control Workers Comp Medical Care Challenged By Court of Appeals

Under current workers’ compensation laws, employers in California have the right to choose the medical facility where an injured employee is treated by properly implementing a designated Medical Provider Network (MPN). This...more

NJ High Court Rules ‘Willful’ OSHA Violation Doesn’t Overcome Worker’s Compensation Preemption

A willful violation of federal safety standards does not, on its own, overcome the worker’s compensation bar against civil suits, the New Jersey Supreme Court ruled in its June 26, 2012 decision in Van Dunk v. Reckson Assocs....more

Second Circuit Affirms Duty to Defend Under Professional Liability Policy

In its recent decision in Westport Ins. Corp. v. Hamilton Wharton Group, Inc., 2012 U.S. App. LEXIS 9888 (2d Cir. May 17, 2012), the United States Court of Appeals for the Second Circuit had occasion to consider whether a...more

Texas Insurance Law Newsbrief - August 8, 2011

No Extra-Contractual Recovery for AFS/IBEX against Great American in Crime Policy Coverage Fight Recently, in Great Am. Ins. Co. v. AFS/IBEX Fin. Servs. Inc., C.A. No. 3:07–CV–924–O, 2011 WL 3163605 (S.D. Tex. July 27,...more

Nanotechnology is Entering a New Legal Frontier

By Krystina Steffen, staff SEO | Law Firm News Center In Good Practice writer – June 22, 2011 Nanotechnology is changing the products we use everyday – food, clothes, cars, and even medicine. For some, nanotechnology is a...more

Impact of the Industrial Disputes (Amendment Act), 2010 on staffing & business

In India, the Industrial Disputes Act, 1947 is the main legislation for investigation and settlement of all industrial disputes. The Industrial Disputes (Amendment Act), 2010 have brought few significant changes to the...more

Schmelling v Whitty et al

Court of Appeals Interprets Notice of Non-Party Fault Offset to Apply Even if Party at Fault Cannot Be Liable in Suit

The Court of Appeals here confirms my thinking that even if a party would not be liable in suit, e.g., as a governmental entity for immunity or for some other reason (in this case the exclusive remedy provision of the...more

Avoiding the Misclassification of Workers in the Small Business

The decision whether to staff with employees or independent contractors hinges on a number of practical issues. Owners are able to exercise more control over the actions and methods of employees than ICs. Employees also tend...more

Who's To Blame For High Workers' Compensation Insurance Premiums in California?

Whether your business employs 50 clerical workers or 500 construction specialists, you are undoubtedly familiar with the budgetary constraints and administrative nightmares that go hand-in-hand with workers’...more

Deposition Checklist for workweek

Employment Building Blocks\Defendant to Plaintiff\Compensation and Benefits ...more

Discussion of the defence of consent within the tort of battery context

“If a person consents to what would otherwise be an unlawful touching, there can be no battery.” The issues which the preceding statement refers to revolve around how the defence of consent operates in the Law of...more

Is it always true that the reasonable person test 'eliminates the personal equation' (Glasgow Corp v Muir, per Lord MacMillan)?

Negligence consists of falling below the standard of care required in the circumstances to protect others from the unreasonable risk of harm. Generally, the law regards this standard of care objectively, demanded by the...more

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