Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:
5 Risks of Telecommuting (And How Employers Should Handle Them)
Committee Substitute for House Bill 1191 (CS/HB 1191) makes several changes to Florida’s captive insurance law to remedy unintended consequences that may have resulted from the 2012 enactment of Committee Substitute for...more
Numerous insurance-related bills have been introduced in the California Legislature this year. Legislative committees are now conducting hearings on the various measures. This year’s regular legislative session will end on...more
As we near the end of the regular session of the Texas legislature (May 27), we wanted to give you a quick update on the status of various proposed nonsubscriber-related bills. Similar measures to these have been proposed...more
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
The Illinois Supreme Court has announced its anticipated filing dates for January and February. Opinions are expected on Friday, January 25; Thursday, February 7; and Friday, February 22. Decisions on petitions for rehearing...more
After a long bench trial which began on August 20, 2012, Judge Richard McMonagle recently issued his decision in an important class-action lawsuit. The suit was brought on behalf of certain employers doing business in Ohio,...more
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
As 2012 winds to a close, a look back at legal developments demonstrates that state legislatures were busy all year long. Every year, employers are inundated with new employment laws and regulations that impose new compliance...more
On November 19, 2012, a bill (A3423) was introduced that seeks to authorize the establishment, through collective bargaining, of alternate workers’ compensation programs. Such programs would include alternate dispute...more
On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more
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
September 30, 2012, was the deadline for Governor Jerry Brown to take action on bills passed by the California Legislature during the 2012 regular legislative session....more
I recently blogged about an employer who continued health insurance coverage for an employee on short term disability in contravention of the health plan document. The employer lost its stop-loss coverage for health claims...more
The California Legislature’s regular 2012 session ended on August 31. In the last days of the session, legislators passed hundreds of bills, including several insurance-related measures. Here are noteworthy insurance-related...more
The Black Lung Benefits Act (“BLBA”), 30 U.S.C. §§ 801-962, requires coal mine operators to pay compensation benefits, medical benefits, and other benefits to miners suffering disabling occupational lung diseases. In...more
A Charleston grocery store prevailed in a recent ruling involving a coverage dispute after a shooting in the store. In Pennsylvania National Mutual Casualty Insurance Company v. DOSCHER'S SUPER MARKETS, Dist. Court, D. South...more
Today we continue our previews of the new civil review grants from the May term of the Illinois Supreme Court. In Skokie Castings, Inc. v. Illinois Insurance Guaranty Fund, [pdf] the Court will face questions about the...more
The Las Vegas Chamber of Commerce magazine "Business Voice" reported in the June 2012 edition that Nevada employers with a history of claims should expect to pay higher premiums beginning on March 1, 2013. Premiums are set...more
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
Columbia, MO – April 20, 2012 -- A loving daughter agrees to be her mother’s healthcare agent. A thoughtful mother completes a DNR (Do Not Resuscitate) and DNI (Do Not Intubate) forms. The mother even goes so far as to wear a...more
Columbia, MO – April 20, 2012 -- Alisa M. Dotson, Esq. watched a video of a loving daughter who agrees to be her mother’s healthcare agent. A thoughtful mother completes a DNR (Do Not Resuscitate) and DNI (Do Not Intubate)...more
On March 28, two California legislative committees met to hear concerns about the California workers’ compensation system. The chairs of the committees declared that the hearing was the Legislature’s first-step in this year’s...more
Global Hawk Insurance Company v. Century-National Insurance Company Court of Appeal, First District(February 29, 2012) This case considered whether an endorsement provided under the Financial Responsibility laws for a...more
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
Columbia, MO – February 28, 2012 -- To SSA, the word “disabled” is not a medical term. This is the number one reason that the agency will not accept your doctor’s pronouncement that you are “disabled.” To SSA, being disabled...more
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