Could the NFL Use an “Exclusive Remedy” Defense to Block Concussion Lawsuits by Jodi Ginsberg - Georgia Workers Compensation... on 5/15/2012 Recently, a number of retired football players have sued the NFL for damages arising from concussion injuries associated with the head trauma regularly incurred in professional football games. Does the NFL have an argument...more
No-fault Divorces by Howard Ankin on 5/7/2012 Divorce is never easy but Illinois is one of more than 20 states that allow no-fault divorces as well as fault dissolution’s on the grounds of impotency, adultery, bigamy, desertion, cruelty or a felony conviction. Couples...more
Drug and Alcohol Intoxication Not Always a Losing Case by Virginia L. Hunt on 4/27/2012 A blog post by Thomas A. Robinson for Lexis Nexis discusses a recent case involving Utah's law that presumes that an injured worker is intoxicated and that the accident was caused by intoxication if any illicit drug or...more
Legal Alert: Denial of Workers' Comp Claim May Form the Basis of RICO Claim by Ford & Harrison LLP on 4/20/2012 The Sixth Circuit has held that a group of transportation workers have a property right in their entitlement to workers' compensation benefits under Michigan law, and that the denial of their workers' compensation claims may...more
A woman's injury during sex seen as legit work injury by judge by Johnston, Moore & Thompson, Huntsville... on 4/20/2012 We don't often write about international workers' compensation cases, but a recent ruling in an Australian case is notable enough to share on this Alabama blog. If you were on a work trip and got hurt during a sexual "tryst"...more
Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity by Pullman & Comley, LLC on 4/17/2012 The Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because...more
Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits... by Sedgwick LLP on 4/10/2012 In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more
Negative Consequences May Flow From Workers' Compensation Denial by Akerman Senterfitt on 4/6/2012 Your company just won its workers' compensation case, and the employee was denied benefits. Time to celebrate, right? WRONG. You may have just bought yourself a civil lawsuit for damages. In Ocean Reef Club, Inc. v....more
When An Attorney Is (and Isn't) Necessary in a Work-Related Injury Claim by Collins & Collins, P.C. on 4/2/2012 According to the Bureau of Labor Statistics 3.1 million nonfatal workplace injuries and illnesses were reported in 2010. A preliminary total of 4,547 fatal workplace injuries were reported for the same year. Most companies...more
Unemployment Compensation: Case Update by McNees Wallace & Nurick LLC on 3/19/2012 Should an employee who agrees to resign her employment as part of the settlement of her workers’ compensation claim be eligible to receive unemployment compensation benefits? According to a recent decision from the...more
California Court of Appeal Extends Howell v. Hamilton Meats Rule to Limit Injured Person's Medical Expenses to Discounted Amounts... by Barger & Wolen on 3/12/2012 Last year, the California Supreme Court held in Howell v. Hamilton Meats & Provisions, Inc. that an injured plaintiff whose medical expenses were paid through private health insurance could not recover as economic damages...more
Workers’ Compensation Immunity for Texas Staffing Customer Affirmed – With a Surprising and Troublesome Twist by Littler on 2/6/2012 A recent opinion of the Supreme Court of Texas raises important considerations for the management of workers’ compensation risk in connection with jointly employed workers. The basic bargain of workers’...more
Frederick Place Chambers Employment Law Newsletter by Polly Lord on 1/31/2012 This is the first newsletter published by Frederick Place Chambers. It is intended that this should be a monthly publication, with the aim of keeping clients and fellow professionals up to date with recent developments in...more
Ohio Workers' Compensation Class Action Notice: Should You Stay In Or Opt Out? by Fisher & Phillips LLP on 1/6/2012 A class action lawsuit is currently pending in the Court of Common Pleas for Cuyahoga County, Ohio, on behalf of certain employers doing business in Ohio. The case alleges that the Bureau of Workers' Compensation (BWC)...more
Wage Theft Prevention Act (WTPA) - NEW YORK STATE by Jonathan Foxx on 1/5/2012 As you may know, we audit for compliance with respect to the new TILA loan originator compensation rule. In the course of doing such audits for New York companies, we look for compliance with the Wage Theft Prevention Act...more