Worker’s Compensation › Personal Injury › Insurance

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

Pay me once, pay me twice, pay me thrice?

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

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

Coal Mine Operator Required to Pay Additional Workers’ Compensation Premiums After Failing to Comply With Black Lung Obligations

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

Weekly Law Resume - March 29, 2012: Insurance–Trucker’s Financial Responsibility Endorsement

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

California Court of Appeal Extends Howell v. Hamilton Meats Rule to Limit Injured Person's Medical Expenses to Discounted Amounts...

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

Medical Records Speak Louder Than Words: What It Takes to Win a Social Security Disability Claim Medical Records Speak Louder...

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

Bronx Construction Accident Lawyer at The Perecman Firm Calls for Greater Construction Site Safety Following Fatal Building...

New York construction accident lawyer David Perecman calls for increased safety measures at construction sites following a fatal building collapse. Last week construction worker Muhamed Kebbeh died when a two-story...more

Are Regional Court Reporting Contracts the Answer for Insurance Companies?

If you are a property and casualty insurance provider your selection of court reporting firms should be carefully considered. As you know, legal issues occur on a regular basis and court reporting services are needed...more

Texas Insurance Law Newsbrief

CARE CUSTODY & CONTROL EXCLUSION PRECLUDES COVERAGE Last Friday, in Ohio Casualty Insurance Company v. Lloyd Technologies Inc., No. A-09-CA-633-LY (W.D.Tex. September 30, 2011), a Federal District Court Judge in the Austin...more

FSCO Allows Insurer's Appeal over WSIB Issues

A FSCO Director’s Delegate has allowed an insurer’s appeal of an arbitrator’s decision, which allowed the claimant to pursue accident benefits despite an unsettled WSIB claim....more

Texas S.Ct.: Workers Comp Carriers Not Subject to Statutory Unfair Claims Settlement Practices Claims

In a ground-breaking decision, the Texas Supreme Court today decided that workers compensation insurers are not subject to "bad faith" claims for unfair claims settlement practices under the Texas Insurance Code. The...more

When to Use a Liability Medicare Set-aside Arrangement

The Centers for Medicare & Medicaid Services (CMS) has put the insurance industry on high alert. Threat of penalties for failure to report liability claims involving a Medicare beneficiary has raised concerns over properly...more

Why the Mail May Stop on July 1, 2011

Collins & Lacy shareholder and Employment Practice Group Chair Christian Boesl explains how the South Carolina Second Injury fund may bar employers, self-insurers or insurance carriers from the fund if they have not submitted...more

Extraordinary Writs Newsletter, Vol. 1, Issue 1

Extraordinary Writs is a newsletter published by Jordan Coyne & Savits LLP covering recent developments concerning civil litigation defense in the District of Columbia, Maryland, and Virginia....more

Combating Medical Fraud

Fraud costs the insurance industry billions of dollars each year. The Coalition Against Insurance Fraud (CAIF) estimates that insurance fraud is the second most costly economic crime in America after income tax...more

More Probable Than Not

Under Nevada workers' comp law, the burden of proof is on the injured worker to show that it is more probable than not that the injury or claimed occupational disease is work-related. This makes it very difficult to get a...more

Winning Your Next Truck Driving Accident Case

Towing around cargo in a trailer is difficult. Driving with a bunch of cars around is even harder. Of course, truck drivers need to be very experienced and cautious but watching out for them and taking precautions can save...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

Ajlouny Injury Law Lauds Zadroga Act as a Victory for NYC 9/11 First Responders

Victims and their families can breathe easier, literally and figuratively, knowing they are eligible for compensation and health benefits under the Zadroga Act. If you are an EMT worker, NYC firefightre, NYC police office...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

Workers’ Compensation Protects You

The workers’ compensation system was designed to provide certainty for injured workers in the event of a workplace injury. In exchange for certain benefits, the law does not allow a direct lawsuit against the employer at...more

Advanced Settlement Loan Companies

Occasionally, one of my clients asks me to sign a lien agreement with a company offering to advance money to the client based on the client's potential permanent partial disability award at the end of his claim. I have never...more

Best Practice Series-Structured Settlements

To manage the cash flow risks associated with an organizations claims business, successful firms are employing a comprehensive Structured Settlement process to address the strategic, financial, operational, and hazard risks...more

Medicare Set-Asides-Best Practice Article

All organizations are faced with a significant number of employment and liability risk issues during these difficult economic times. Successful firms are employing a cohesive team and infrastructure to address the...more