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Insurance Labor & Employment Worker’s Compensation

Read Insurance Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Is That Covered? Holiday Parties

by McNees Wallace & Nurick LLC on

Let's say that you are having a Holiday party (with alcohol served) at your home, or you are a business owner and have a voluntary "company" party for your employees. If someone becomes "visibly intoxicated" at your party,...more

Tips for Negotiating Collateral Agreements to Workers’ Compensation Insurance Policies

by King & Spalding on

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

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

by Cozen O'Connor on

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

Capitol Report: Bill Revising Florida’s 2012 Captive Insurance Law Passed By 2013 Florida Legislature

by Carlton Fields on

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

California Legislative Committees Considering Insurance Bills

by Hinshaw & Culbertson LLP on

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

Nonsubscriber Legislative Update

by Winstead PC on

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

Saskatchewan Trial Court Awards Record Punitive Damages for Insurer Bad Faith

by Field Law on

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

Court Rules That Ohio Bureau Of Workers' Compensation Overcharged Non-Group Rated Employers

by Fisher Phillips on

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

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

A New Year Brings New Compliance Obligations for Employers

by Littler on

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

Bill Introduced To Allow Alternate Workers’ Compensation Programs Through Collective Bargaining

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

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!

by Tammy Ensslin on

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

Another Health Insurance/Disability Insurance Coverage Issue

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

California Workers' Compensation Looms as a Major 2012 Legislative Issue

by Hinshaw & Culbertson LLP on

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

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

by Low, Ball & Lynch on

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...

by Hinshaw & Culbertson LLP on

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

Social Media in Labour and Employment: Privacy, Human Rights, and the Formation, Management and Termination of the Employment...

by E. Wayne Benedict on

From a legal perspective, social media is a relatively new phenomenon, but its implications for employers, employees, trade unions, and their advocates are proving to be marked in all aspects of employment and labour...more

Are you liable for serving alcohol at holiday parties in Pennsylvania? Does your insurance policy cover you?

by McNees Wallace & Nurick LLC on

This article was contributed by Michael R. Kelley, Esq., Chairperson of McNees Wallace & Nurick LLC's Insurance Recovery & Counseling Group. Let's say that you are having a Holiday party (with alcohol served) at your...more

China's Social Security Implementing Rules Are In Force - What's Next

by Richard Grams on

Regulations requiring foreign workers in China to enroll in its social security system are now in effect but the situation is complicated by differing levels of compliance and enforcement by local authorities. In cities that...more

“Secret” VA Benefit Available to Many Veterans and Their Spouses

by Robert Kraft on

Today is Veterans Day, when we celebrate and honor those brave Americans who have served our country and placed themselves in harm’s way to protect our freedom. Of course we should do this every day, not just once each...more

Company Doctor Uses X-Rays Instead of MRI and Misses Herniated Disc

Often, when a worker injures his back on the job, the human resources manager will take down a claim and refer the worker to an industrial clinic for evaluation and treatment. All too often, the industrial clinic or other...more

Workers’ Compensation Protects You

by Howard Ankin on

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

The Firm Inquiry

by Brown & James, P.C. on

The Firm Inquiry is a quarterly publication of Brown & James and offers legal updates, impacts of decisions and news from Missouri, Illinois, Kansas and Arkansas....more

Best Practices for Managing Your Company

by Jason Guinasso on

Question: What is the most important workers...more

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