News & Analysis as of

Worker’s Compensation Insurance Personal Injury

Read Worker’s Comp updates, news, and legal commentary from leading lawyers and law firms:

Workers’ Compensation premiums remain high despite lowered costs

by Howard Ankin on

In 2011, Illinois passed reforms to workers’ compensation to bring down the costs and it appears to have worked. Rates are down 24 percent, however this has not translated into measurable savings for workers. Workers gave up...more

Dempsey v. Bagley, 2016 ABQB 124 - Lessors of Vehicles Still Vulnerable Under Workers Compensation Act

by Field Law on

There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were employees of Brinks Canada Limited (“Brinks”). The vehicles in question were owned by PHH...more

Coverage Options for Employee Asbestos Claims

by K&L Gates LLP on

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

Seventh Circuit Addresses Coverage Under Workers’ Comp Policy

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

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

Fundamental Distinction Between “Medically Distinguishable” Injuries Under Section 301(1) and “Significant Manner Contribution”...

by Carson Tucker on

There is a confusion among the Workers’ Compensation Board of Magistrates and, in some cases, in the Michigan Compensation Appellate Commission (the Commission) between the proper prima facie injury analysis required of a...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

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

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

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

by Melissa Thomas on

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

Are Regional Court Reporting Contracts the Answer for Insurance Companies?

by DepoTexas on

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

by Daniel Strigberger on

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

by Low, Ball & Lynch on

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

by Collins & Lacy, P.C. on

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

by Ted Colquett on

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

Winning Your Next Truck Driving Accident Case

by Rasansky Law Firm on

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

by Carson Tucker on

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

by Ajlouny Injury Law on

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

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

Best Practice Series-Structured Settlements

by Blackburn Group Inc. on

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

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