Delays in Getting Medical Care: Nevada Workers Compensation Attorney Virginia Hunt
Nevada Workers Compensation: Hearings and Appeals Overview
What to Expect within the First 30 Days: Nevada Workers Compensation
5 Risks of Telecommuting (And How Employers Should Handle Them)
The Declaratory Judgment Act, 28 U.S.C. § 2201, gives federal district courts “unique and substantial discretion” over whether to hear suits seeking a declaration of rights. Wilton v. Seven Falls Co., 515 U.S. 277, 286...more
The U.S. Congress failed to reauthorize the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) prior to adjourning on December 16, 2014. The new 114th Congress will not convene until January 6, 2015 and may not...more
FLORIDA STATE CASES -
Employer Liability Policies & Worker’s Compensation – Although decedent-employee’s estate had standing as a judgment creditor to sue the tortfeasor-employer’s liability insurer for breach of...more
A West Virginia Court refused to dismiss an action brought under its state workers' compensation law. That law permits an employee to recover greater damages when deliberate intent exists.
An employee of a Hardee's...more
Over the past year, courts in Illinois and Pennsylvania have dramatically altered the ability of an employee to bring claims against past and present employers for asbestos-related injuries. Traditionally, employees were...more
In September 2014, California Governor Jerry Brown signed into law a number of bills that will impact the employer community.
Healthy Workplaces, Healthy Families Act of 2014—Paid Sick Leave (AB 1522) -
FLORIDA FEDERAL CASES -
- Contribution, Equitable Subrogation, and Breach of Contract – Insurer adequately alleged elements of contribution, equitable subrogation, and breach of contract claims in construction defect...more
The Federal Government is proposing to make it easier for businesses to opt out of State and Territory specific work health and safety (WHS) laws and to join the Federal WHS system.
The case for self-insurance...more
Highlights: Australia: No implied term of mutual trust and confidence in Australian employment contracts -
In a welcome development for employers, the High Court of Australia has handed down a landmark decision that...more
Insurers have a duty to process claims in good faith, but sometimes they farm the job out to third-party administrators (TPAs). If the TPA fouls up, many states hold that the insurer is still liable—for its own breach of...more
In Rodriguez v. Raymours Furniture Co., Inc., No. A-4329-12T3, 2014 WL 2765273 (App. Div. June 19, 2014), New Jersey's Appellate Division upheld a provision in a job application that limited the time in which an employee...more
In the closing days of its May term, the Illinois Supreme Court allowed a petition for leave to appeal from a decision of the Appellate Court for the Second District in Ferris, Thompson and Zweig, Ltd. v. Esposito. Ferris,...more
The Issue: Today, many employers rely on labor contractors or temporary employment agencies to sustain their operations. Occasionally, however, labor contractors fail to comply with labor laws and regulations by failing to...more
A federal district court has held an arbitration clause in a Reinsurance Participation Agreement (RPA) between an insured and a reinsurer invalid and unenforceable under governing state law. The RPA complemented a standing...more
In its recent decision in YKK USA, Inc., v. Safety Nat’l Cas. Corp., 727 F.3d 782 (7th. Cir. 2013), the United States Court of Appeals for the Seventh Circuit had occasion to consider whether an employee’s common law claim...more
The Connecticut Supreme Court recently released a decision, SC19085 that puts to bed an issue that frequently arises when employers attempt to have departing employees release ALL claims against the company – including...more
Florida’s Second District Court of Appeal recently held that an arbitration agreement was unenforceable in the context of a claim brought under the federal Fair Labor Standards Act (FLSA) when the agreement provides for an...more
October 13, 2013 was the deadline for Governor Jerry Brown to act on bills passed by the California Legislature this year. Here are summaries of noteworthy insurance-related bills which Governor Brown signed into law. Unless...more
A workers' compensation retaliation claim must be arbitrated under the parties' arbitration agreement, according to a recent decision by Florida's Second District Court of Appeal, Audio Visual Innovations, Inc. v. Spiessbach...more
I. Introduction -
The last few decades of tort litigation in America have been marked primarily by a surge in filings of asbestos, silica and other delayed manifestation bodily injury and property damage claims. These...more
Indemnity Clauses and Anti-Indemnity Legislation -
I. Purpose and Enforceability of Indemnity Clauses -
Indemnification is an equitable doctrine that attempts to shift the burden of a judgment from one party...more
When purchasing, or considering the purchase of, large deductible (LD) workers’ compensation, auto, and other policies, insurance companies often require the policyholder to post collateral to secure the risk. This collateral...more
Our reports on the civil oral arguments of the Illinois Supreme Court's November term continue with Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund. ...more
Trata-se de um estudo sobre a atual situação do direito do trabalho no Brasil e suas implicações sobre os resultados financeiros das empresas....more
Workers Compensation reform is on the way.
Cynics might ask, didn’t we do this several years ago?
Yes we did.
In the late 1990’s, overutilization of medical services, higher-than-normal indemnity benefit costs, and...more
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