Blawg Search - Law Blogs, Lawyer Blogs, Legal Blogs Directory & Search Engine

Michael Fox at Jottings By an Employer's Lawyer reminds us that wage and hour litigation is an increasing problem for business. The latest involves a $2 million (yes, "million") order to pay back wages and penalties to employees. The offenders? A husband and wife team who own 5 Chinese restaurants in Grandville, Michigan. Mike's analysis is amusing and apt: "It will take a lot of kung pao chicken to cover that fine." No kiddin'. Posted on November 17, 2009 at 06:17 am

Law.com has this report of a $6.2 million verdict in favor of two Pennsylvania scientists formerly employed by PQ Corp. Both had been terminated in a downsizing. The jury found that PQ discriminated against them because of their age. This case illustrates things that are worth remembering, whether you are an employer or employee. First, the jury found that PQ's discrimination against the scientists was willful. That resulted in a doubling of the back pay that they were due. Second, the jury... Posted on November 12, 2009 at 05:56 am

Hertz v. Friend, when decided by the US Supreme Court, will decide one of those issues --- where is a corporation's principal place of business for jurisdictional purposes? --- that seems almost silly from a common sense perspective. That hasn't kept the federal courts from adopting different approaches that have led to vastly different results. The answer to the question has important consequences in the real world. It governs what federal courts will be available to plaintiffs in all kinds of... Posted on November 10, 2009 at 09:11 am

A federal judge in Illinois has ruled that NCCI has no standing to sue AIG for its alleged under-reporting of workers' compensation insurance premiums. But, said the judge, he isn't ruling out the possibility of a class action lawsuit against AIG by individual insurers. Here's a condensed explanation of what happened: Most employers satisfy their obligation to provide workers' compensation insurance coverage for their employees through the purchase of insurance in the "voluntary market" - that... Posted on August 24, 2009 at 04:40 am

Cases involving an "occupational disease" often present thorny issues of compensability and insurance coverage. Fidelity and Guar. Ins. Co. v. Polk County, Case No.2D08-3377, decided by the Second DCA on August 14, illustrates the point well. Zola Ann Ross worked as a registered nurse for Polk County from 1981 to May 1994, and during that time she was exposed to the Hepatitis C virus. But because of the long gestation period of the virus, she was not diagnosed with hepatitis until 1999 and did... Posted on August 21, 2009 at 05:00 am

The National Council on Compensation Insurance has recommended a 6.8% reduction in the average premium charged to Florida employers for workers' compensation insurance. The reduction would become effective on January 1, 2010. If approved by the Florida Office of Insurance Regulation, the reduction would bring to 63.2% the total average premium reduction enjoyed by Florida employers since the 2003 reforms were enacted. BusinessInsurance.com has the story here. Posted on August 20, 2009 at 12:25 pm

OSHA, responsible for enforcing worker safety regulations, will be doing more to ensure that companies are following those laws and accurately reporting workplace accidents and injuries. The agency will be focusing on specific industries, where certain injuries are common, and also will be examining whether some companies have been lax in reporting injuries, according to an article in the DemocratandChronicle.com The U.S. Occupational Safety and Health Administration, created to enforce the... Posted on September 21, 2009 at 06:33 am by Joel Davis

New York Newsday is asking regular folks to weigh in on health care reform. As you can imagine, many people's opinions are a result of their own experience with the health care system, insurance, Medicare and Medicaid. 55-year-old Deborah Russell, who lives on Social Security and relies on Medicaid to pay her medical bills, favors reform. Russell says too many hardworking people she knows - including a 49-year-old mechanic who rents a room in the same two-story house where she lives - have no... Posted on September 18, 2009 at 06:24 am by Benjamin Burnside

Men face a disproportionate risk of dying or being injured on the job, according to statistics from the Bureau of Labor Statistics. The reason is simple: men are more likely to work in dangerous injuries such as construction (90 percent male) and manufacturing (70 percent male), where the bulk of workplace accidents and deaths occur. Female-dominated industries such as health care and education have fewer incidents of deaths and injuries. Approximately 7% of fatalities in 2008 were women,... Posted on September 16, 2009 at 06:15 am by Dan Deuterman

Volvo recently announced that it was recalling over 9,000 of its 2010 XC60s, because of potential seat belt defects. Last month, the Insurance Institute of Highway Safety conducted a side-impact test to determine which cars would be included in its "Top Safety Pick" awards. Unexpectedly, during the crash test, the driver's seat belt in the Volvo XC60 came undone. A Volvo spokesman reported the seat belt problem had not occurred during their safety tests. However, it was determined that the seat... Posted on November 19, 2009 at 02:18 pm

The Chicago Tribune recently reported that Dr. Michael Reinstein, a doctor who frequently gives psychiatric care in Chicago-area nursing homes and mental health facilities, has developed a troubling record. This record involves providing care with an extremely risky drug: Clozapine. Clozapine is a very powerful drug that carries five FDA black box warnings, the strongest warnings the FDA can issue. According to the Tribune, Mr. Reinstein, exhibits an "unusually heavy reliance" on this powerful... Posted on November 18, 2009 at 01:47 pm

/**/ In June of this year, Roche Holding quietly pulled the drug Accutane from the market. Accutane is prescribed to treat moderate to severe cases of acne. The drug has had an extensive history of leading to adverse effects since its approval in 1982, such as suicidal behavior and birth defects. The removal of the drug from the market came in the face of increasing proof that Accutane leads to another serious health problem: Inflammatory Bowel Disease. Last week, a study quantified the... Posted on November 17, 2009 at 02:59 pm

When a workers' compensation insurance company goes bankrupt the claims of the insolvent company go to the Michigan Property & Casualty Guarantee Association (MPCGA). The MPCGA then becomes the carrier for those claims. The issue was recently discussed by the Court of Appeals in Smith v. Parkland Inn, 22 MIWCLR (LRP) 122: "MPCGA is an association of all insurers authorized to engage in the business of insurance in Michigan. The statutory purpose of MPCGA is to fulfill the obligations of an... Posted on September 3, 2008 at 12:43 pm by Ronald Ryan

On August 21, 2008 the Court of Appeals issued an opinion regarding workers compensation and attorney fees. It ruled that the Workers' Compensation Appellate Commission correctly awarded attorney fees to a claimant whose medical bills were not paid until he hired an attorney and sought relief from the Workers' Compensation Agency. The Court ruled that attorney fees were appropriate. In Harvlie vs. Jack Post, Docket No. 276044, the magistrate found that plaintiff's counsel was entitled to an... Posted on September 2, 2008 at 03:25 am by Ronald Ryan

A football player for the Grand Rapids Rampage may not be entitled to wage loss benefits beyond his regular football season. This article discusses the nuance between wage-loss that is due to a work related injury and wage-loss that is due to some other circumstance, such as the end of a football season. We will see that there are instances where an employee may suffer an injury at work, but not be entitled to wage loss benefits. It is important to remember that Michigan is a "wage-loss" state,... Posted on August 28, 2008 at 02:15 pm by Ronald Ryan

I will be in a panel presenting Workers' Compensation Update: What Employers Need to Know to Successfully Manage and Close a Workers' Compensation Claim. The workshop will be presented at the Central Pennsylvania Regional Business and Industry Expo at the Bryce Jordan Center on November 17 at 5:30 p.m. Central Pa. Expo Workshop Times Posted on October 30, 2009 at 09:50 am by Robert Vonada

In P. Reutzel v. WCAB (Allegheny General Hospital) the Claimant argued she could reinstate partial disability benefits from a prior injury when 500 weeks ran on her more recent injury. The Court held Section 306(b)(1) of the Act specifically limits the period of partial disability benefits to 500 weeks for any injury or its recurrence, regardless of any change in disability status. The WCJ and Board's denial of benefits was affirmed. Posted on October 25, 2009 at 08:46 am by Robert Vonada

The Supreme Court's grant of appeal in Diehl v. WCAB (IA Construction & Liberty Mutual) frames the issue as: Whether the Commonwealth Court erred in its interpretation of 77 P.S. &#xc2&#xa7551.2 by holding that respondents did not need to present evidence of job availability or earning power in order to change petitioner's disability status from total to partial, and whether the court's holding conflicts with Gardner v. WCAB (Genesis Health Ventures), 888 A.2d 758 (Pa. 2005). The Supreme Court said... Posted on October 24, 2009 at 08:50 am by Robert Vonada

The Tuesday September 22, 2009 edition of The Boerne Star tells the sad story of Mark McLean who was injured in Iraq running from incoming fire from insurgents in April of 2007. Not only has Mark endured months of physical pain and suffering awaiting the system to help him, he has become an unwilling expert [...] Posted on September 24, 2009 at 01:09 pm by Aaron Walter

In a Memorial Day Washington Post column, columnist Steven Schooner raises a point familiar to this blog. In media coverage of the wars in Iraq and Afghanistan, the more than 1,000 civilian contractors killed, and nearly 29,000 injured are generally portrayed as a footnote, a byproduct of the war like its monetary cost. The columnist notes that [...] Posted on May 25, 2009 at 06:25 pm by Aaron Walter

In what does not entirely come as a shock, instead of hundreds of former Blackwater securtiy contractors flooding home the United States or to their home countries upon the completion of their former contracts, it looks like many will simply stay under contracts with rival contractor Triple Canopy. Blackwater recently lost most of its Iraq [...] Posted on April 6, 2009 at 01:13 am by Aaron Walter

As a Philadelphia accident and injury lawyer, I often receive questions about who may be at fault or sued in certain accidents. In other words, can someone be found negligent once an injury has happened in a car accident, slip and fall, construction, or other accident or injury? In the case Mendez v. City of Philadelphia, a Philadelphia jury awarded $61 million for injuries Natalia Mendez suffered when a tree fell on her car while she was driving down Cheltenham Avenue in Philadelphia. Ms.... Posted on February 27, 2009 at 03:29 pm

On November 5, 2008, Philadelphia Mayor Michael Nutter signed into law a new ordinance amending the Philadelphia Code, entitled "Unlawful Employment Practices," now adding a new chapter titled, "Entitlement to Leave Due To Domestic or Sexual Violence." As a Philadelphia Employment Lawyer for many years, I often receive questions on when someone may take off of work for a period of time and still have their job protected. Most people are familiar with The Family and Medical Leave Act (FMLA), a... Posted on December 1, 2008 at 01:45 pm

As a Philadelphia injury lawyer, I often receive questions about an injury suffered by someone who slip and fell on a sidewalk or street that was covered with ice and snow. When must a person remove snow or ice from their own sidewalk or property to prevent an accident? Under Pennsylvania law, the courts have adopted the "hills and ridges" doctrine. This legal doctrine provides that an owner or occupier of land is not liable for general slippery conditions from the natural accumulation of snow... Posted on November 1, 2008 at 02:30 pm

Although Georgia's workers' compensation system is supposed to foster an environment where legitimately injured workers can get needed treatment and then return to work, the reality is much different. It has been my experience that workers' compensation practice is just about as adversarial as divorce practice. Often justice and fair play take a back seat to "winning" and efforts by employers insurance companies to avoid paying benefits. Case in point. This week I received the following email... Posted on August 1, 2009 at 09:33 am by Jodi Ginsberg

If you have a computer and enjoy sufing the web, there is a good chance that you have a profile on Facebook, mySpace, Twitter or any of more than a hundred social media sites. These sites exist to help you connect with others - often for social purposes, and sometimes for business purposes. How can an account at Facebook or many of these other sites hurt your workers' compensation case? When you create a profile on Facebook, your account has a default privacy setting that offers no privacy.... Posted on July 11, 2009 at 08:29 am by Jodi Ginsberg

A front page story in the Sunday, May 24, 2009 edition of the Atlanta Journal-Constitution details the struggle of five catastrophically injured Atlanta police officers to obtain needed medical help from the City of Atlanta's workers' compensation office. Each of these police officers was injured in the line of duty - with injuries ranging from brain damage to paralysis arising from gunshot wounds to the spinal cord. Like many city and county governments, the City of Atlanta "self-insures"... Posted on May 25, 2009 at 08:42 am by Jodi Ginsberg

Pickup trucks are a wonderful vehicle to have around. Whether you are moving into a new home, loading up firewood, or taking your lawnmower in for repairs, having a pickup truck makes the process simple. Having bungee cords to help secure your items and prevent accidents is also a great idea. What is a Bungee Cord? read more Posted on November 22, 2009 at 06:30 pm by mark

Cincinnati, Ohio has a strong and growing bicycle community, and although it has been a beautiful warm and long Autumn, the winter weather continues to grow colder and darker. It is as important as ever to take the proper safety measures to avoid bike riding crashes and severe injuries. read more Posted on November 19, 2009 at 09:10 pm by mark

Cincinnati Lawyers Who Make House Calls At the Cincinnati lawfirm of McKenzie & Snyder, we understand how difficult it can be to get to lawyer's office. Physical limitations (e.g., low back, shoulder, knee, and ankle injuries), busy schedules, and transportation issues are just a few of the many hurdles people face when trying to schedule a consultation. McKenzie & Snyder makes the consultation process simple and comfortable by offering house calls. read more Posted on November 12, 2009 at 09:16 pm by mark

A federal judge has ruled that a workplace death lawsuit should be allowed to proceed against Cintas. In March of 2007, Eleazar Torres-Gomez, climbed into a conveyor to clear wet laundry, falling into a large dryer. Twenty minutes later, a co-worker heard his burned body banging around the dryer, and opened up the dryer to find the worker's remains. T Typically, Atlanta workers' compensation lawyers would not be allowed to bring a case like this, because of Georgia's workers compensation laws... Posted on November 20, 2009 at 06:34 pm by Jonah Flynn

A Georgia mesothelioma lawsuit can take months, or years, of hard work and effort to resolve, and when it does, the mesothelioma victim often has very little time to live. A chemical worker and electricain diagnosed with mesothelioma in West Virginia was awarded a substantial sum and now the company administering the settlement refuses to pay a lump sum, despite the fact that the worker is terminally ill and 85 years old. He will likely collect only a small portion of his award. An experienced... Posted on November 17, 2009 at 03:20 pm by Jonah Flynn

Mesothelioma, a cancer of the lungs and chest lining, has killed thousands of industrial workers and construction workers who worked with asbestos during their careers. Recently, the family of one such worker was awarded $2.25 Million in a mesothelioma lawsut in New York. Asbestos lawsuits, including mesothelioma lawsuits, have been filed for the last 30 years on behalf of refinery workers, paper machine operators, and those in industry who worked with asbestos. Ronald Drabczyk was a repairman... Posted on November 12, 2009 at 07:42 pm by Jonah Flynn

A construction accident at a performing arts center killed one construction worker and seriously injured another earlier this month. The fatal construction accident occurred at the site of the future Kauffman Center for the Performing Arts in Kansas. According to police, a 35-year-old worker died, and a 30-year-old worker was in serious but stable condition after the lift carrying the two tipped over. They were about 50 feet off the ground at the time fo the accident, and construction was... Posted on November 20, 2009 at 08:55 am

A New England contractor with worksites in Massachusetts, Connecticut, and Rhode Island, was recently cited by the Occupational Health and Safety Administration (OSHA) and faces a total of $308,500 in new proposed fines. Two recent inspections of the company's worksites in Methuen and Plymouth uncovered numerous hazards, including untrained fork truck operators, lack of fall protection for workers at heights greater than six feet, improperly constructed and uninspected scaffolds, and a lack of... Posted on November 12, 2009 at 09:55 am

Earlier this year, a worker died after he became caught in the moving parts of an industrial ice-making machine. The machine activated as the worker performed maintenance work inside it. When officials from Occupational Safety and Health Administration investigated the New Bedford company, a seafood processor, they discovered 23 alleged safety violations. Following the fatal machinery accident, the company received 19 serious citations and four other-than-serious hazards. OSHA found that the... Posted on November 9, 2009 at 09:12 am

An interesting and somewhat scary tale has hit the headlines regarding holidaymakers on a safari in South Africa back in 2007. It seems that their vehicle overturned whilst on a guided safari and as they waited for help to arrive, a pride of 5 lions slowly circled their stricken Land Rover for around 40 minutes. Clearly, the outcome of this could have been a lot worse than it actually was. Of course accidents will happen but it is crucial to remember when considering such trips that safety is... Posted on November 20, 2009 at 12:00 am

In America 14 states have passed a law that requires motorists to leave a minimum gap of 3 ft when passing a cyclist. The prospect of a similar law here is being raised by various cycling groups. I am usually sceptical about most things that we import from the US but feel it is worth highlighting this petition which is calling for the same law here. Details of the petition can be found below; [petitions.number10.gov.uk] While anything which raises awareness about safer cycling can only be a... Posted on November 18, 2009 at 12:00 am

It is about this time of year, when the trees are bare and my gloves are first on, that I start to think ahead and plan for my next holiday. I have been scouring internet sites looking for deals and have been checking out reviews of several hotels online. Unfortunately I have read concerning reports about the Sonesta Club Hotel in Sharm El Sheikh. There are some reviews online about holidaymakers who have gone there this year and have been struck down with a bug and this does not appear to be a... Posted on November 17, 2009 at 12:00 am

by Kory Wells with Jeff Adcock and Tony King ModMaster update 09.11, available to our clients on Friday, November 20th, includes support for the California rates and the split calculation change recently approved by the California insurance commissioner, effective 1/1/2010. If you do business in California - whether you use ModMaster or not - you need [...] Posted on November 19, 2009 at 07:16 pm by WorkCompEdge Blog Editor

by Kory Wells with Jeff Adcock The fact that California Insurance Commissioner Poizner has once again rejected an increase in workers compensation pure premium rates (read the November 10th Insurance Journal article California's Poizner Rejects Workers' Comp Increase Request, Again) is almost overshadowing the fact that he approved other changes that will interest workers compensation agents [...] Posted on November 12, 2009 at 01:26 pm by WorkCompEdge Blog Editor

by Kory Wells, WorkCompEdge Blog Editor As reported on several news and blog sites in the past several days, OSHA has recently released its preliminary list of top safety violations for 2009. As stated in the full release on PRNewsWire, which came from the National Safety Council, The number of top 10 violations has increased almost 30 [...] Posted on November 6, 2009 at 09:27 am by WorkCompEdge Blog Editor

Hernia surgery is a fairly common procedure, with approximately 750,000 performed each year in the United States. But for those patients who have had the Kugel Mesh patch implanted as part of their hernia repair, this simple procedure can be painful or even fatal. The U.S. Food & Drug Administration (FDA) initiated a recall beginning in December 2005 of the Bard(r) Composix(r) Kugel(r) Mesh Patch, a device used to repair incisional (or ventral) hernias. The patch is manufactured by Davol,... Posted on November 19, 2009 at 12:28 pm by Michael O'Connor & Associates, LLC

On Nov. 2, the U.S. Food and Drug Administration announced that labels for Byetta, an injectable, blood-sugar-lowering drug used to treat type 2 diabetes, would be updated to warn those taking the drug of an increased risk for kidney problems, including kidney failure. Byetta was approved in 2005, and almost 7 million prescriptions were written for it between 2005 and 2008. Doctors and patients tend to like Byetta because it is easier to inject than insulin and had also been found to promote... Posted on November 13, 2009 at 05:00 am by Michael O'Connor & Associates, LLC

Maclaren USA has recalled nearly 1 million of its strollers after 12 children had their fingers amputated after being caught in the strollers' hinges. The Consumer Product Safety Commission (CPSC) on Nov. 9 announced that the voluntary recall concerns Chinese-made strollers sold in the U.S. from 1999 to November 2009 at Babies 'R' Us, Target, and other children's product retailers. Affected Maclaren models include Volo, Triumph, Quest Sport, Quest Mod, Techno XT, Techno XLR, Twin Triumph, Twin... Posted on November 12, 2009 at 05:00 am by Michael O'Connor & Associates, LLC

According to an app.com article, the construction of a new bus and truck inspection facility should be finished along the Garden State Parkway by June 30, 2011 on the spot of the existing Herbertsville facility. Located at mile marker 94.6 on the southbound side of the highway, the new facility will contain a waiting area for passengers of buses that are determined to be unsafe after being inspected. The executive director of this project stated, "It's not our intention to delay passengers, but... Posted on November 19, 2009 at 04:00 am

Whether a family decides to place a loved one in a nursing home, a developmental disability facility, or any other professional or medical center, the choice to trust that other people will provide your loved one with the attention, treatment, and care they need and deserve can often be difficult and even emotional. When this trust is breached and wrongful death takes place at such facilities, the consequences can be devastating for a family to endure, and frequently leaves those involved with... Posted on November 17, 2009 at 04:00 am

A PATH train from Hoboken overran its stop at the 33rd Street Station near Herald Square, and had to crash into a bumping block to help it come to a complete stop. According to a New York Times article, thirteen people on the commuter train reported only minor injuries, while seven more were taken to nearby hospitals for treatment. Investigation into the details of the crash is underway, but the article did not mention any leads that investigating authorities may have. As commuters, we place a... Posted on November 12, 2009 at 04:00 am

Various occupations require Certificates of Fitness. To read more about the Certificate of Fitness that the Fire Department of the City of New York City issues, you can visit the following website. This website provides information about testing procedures, fees, and the verification process. Learn more about the FDNY Certificate of Fitness here. To read about Article 78 cases go to [www.sheerinlaw.com]. For other interesting information in the personal injury file go to www.negligenceatty.com.... Posted on November 18, 2009 at 08:29 am

Matter of Bruce Harris v Department of Education of the City of New York In this Article 78 appeal case, petitioner sought to challenge respondents' determination terminating petitioner's employment as a New York City school teacher and to gain reinstatement of his employment with back pay and benefits. After a hearing, petitioner, a tenured teacher, was ordered by respondent, Department of Education's Hearing Officer, to serve a six-month suspension and complete sexual harassment training... Posted on November 13, 2009 at 12:17 pm

Matter of John Welsh v New York State Comptroller Petitioner commenced this Article 78 appeal to review a determination of respondent Comptroller denying petitioner's application for accidental disability retirement benefits. Petitioner, a Suffolk County police officer, was injured by an emotionally disturbed man whom he was escorting to a hospital psych ward. Following the attack, petitioner applied for accidental disability retirement benefits was denied and was denied. He then requested a... Posted on November 13, 2009 at 09:51 am

As Illinois workers compensation attorneys, we are often asked if you will be videotaped by the insurance company. The short answer is yes, they may be filming you. It is important for the injured worker to understand that the insurance company may send out a private investigator to follow you around and take video of your activities. This will happen where the employee has been off work and receiving workers compensation benefits for an extended period of time, and the insurance company does... Posted on November 12, 2009 at 08:51 am by Bradley Dworkin

If you are an injured worker who is unable to work due to an injury, you are entitled to weekly workers compensation benefits, called temporary total disability or TTD. In Illinois, these TTD checks should be coming from your employer's workers' compensation insurance company in most cases. If you are off work due to your injury and your TTD benefits suddenly stop, you should to contact an experienced workers compensation attorney right away. There are many reasons that an insurance company... Posted on August 6, 2009 at 08:49 am by Bradley Dworkin

As previously posted, a couple of politicians running for office in Illinois have mentioned workers compensation reform as part of their platform. Now, others are jumping on the bandwagon, claiming that workers compensation reform is necessary to attract businesses to Illinois. Make no mistake about it, this push is most likely being encourage by the insurance industry. It is important for Illinois workers to understand that "reform" means that you will lose your rights to compensation if you... Posted on August 6, 2009 at 08:48 am by Bradley Dworkin

After much concern regarding the new Treasury Regulations promulgated by the Internal Revenue Service ("IRS") and their potential impact on members of government pensions plans, the IRS and the Department of Treasury extended the date by which a government plan must comply with final regulations on distributions from a pension plan upon attainment of normal retirement age. Under the extension, the new regulations will be effective for a governmental plan for plan years beginning on or after... Posted on November 9, 2009 at 05:32 am

On November 4, 2009, the Appellate Division decided In the Matter of Michael Curtin, Battalion Fire Chief (PM3593G), Elizabeth, Docket No.: A-4861-07T2. In the case, Michael Curtin appealed from the decision of the former Merit System Board ("Board"), now the New Jersey Civil Service Commission ("Commission"), denying his appeal of the scoring of his promotional examination as well as the Commission's decision again denying the appeal following remand for consideration of supplemental... Posted on November 4, 2009 at 08:49 am

On October 21, 2009, the Appellate Division decided Township of Irvington v. Irvington P.B.A. Local 29, Docket No.: A-0152-08T1. In the case, the Township of Irvington appealed from Law Division orders of April 13, 2007 and July 25, 2008 that respectively confirmed an arbitration award and supplemental arbitration award rendered in arbitration proceedings resulting from grievances filed by Irvington PBA Local 29 and Irvington Superior Officers Association (hereinafter "unions"). In December... Posted on October 22, 2009 at 09:28 am

Under Nevada workers' compensation law, the final settlement, called a permanent partial disability award (PPD) is based on 3 factors: 1) the percentage of impairment found by a rating doctor, 2) the average monthly wage of the injured worker, and 3) the age of the injured worker when the award is calculated. If the average monthly wage was calculated correctly on the claim, and the insurer has the correct age for the claimant, the percentage of impairment offered by the insurer is the only... Posted on October 20, 2009 at 11:04 am

When an injured worker's treating physician reports to the insurer that there may be a permanent impairment, the adjuster should schedule an impairment evaluation with a rating doctor. The impairment percentage determined by the rating doctor results in a monetary settlement known as a permanent partial disability award (PPD). Rating doctors are chiropractors and physicians who have taken a test on how to determine permanent impairment using the criteria in the AMA Guides to Evaluation of... Posted on October 20, 2009 at 09:24 am

Nevada law (NRS 616C.555), provides that the length of a retraining program that may be authorized is determined by the permanent partial disability impairment percentage (the PPD). This law does not make a lot of sense in that a an injured worker may have a high PPD under the AMA Guides to Evaluation of Permanent Impairment, but may be capable of returning to work, particularly if the injured worker's job was sedentary. Similarly, an injured worker may rate a low PPD under the AMA Guides , but... Posted on September 30, 2009 at 10:16 am

Cuando un empleado lastimado en el trabajo sufre de una lesi&#xc3&#xb3n que se determina ser una lesi&#xc3&#xb3n recibida en el trabajo y que califica al empleado para recibir compensaci&#xc3&#xb3n, el empleador y el seguro de la compensaci&#xc3&#xb3n al trabajador son responsables por el pago de aquellos gastos que sean razonables en los que el empleado haya incurrido al tener que desplazarse para recibir atenci&#xc3&#xb3n medica. Estos gastos pueden ser de transportaci&#xc3&#xb3n tales como millaje, copagos, estacionamiento y en algunos... Posted on October 14, 2009 at 09:05 am by Miguel Bracho

Compensaci&#xc3&#xb3n de los Trabajadores en Minnesota En cada caso de la Compensaci&#xc3&#xb3n de los Trabajadores en Minnesota, el trabajador lesionado tiene que comprobar que la lesi&#xc3&#xb3n que presenta es una lesi&#xc3&#xb3n relacionada al trabajo que desempe&#xc3&#xb1a. Esto no es f&#xc3&#xa1cil de hacer si no hay evidencia que puede corroborar la historia y los hechos que el trabajador lesionado declara. Despu&#xc3&#xa9s recibir lesiones relacionadas al trabajo, se debe considerar lo siguiente: Obtenga tratamiento medico de inmediato Es... Posted on October 14, 2009 at 09:01 am by Miguel Bracho

Minnesota Work Comp In any Minnesota workers' compensation case, the injured worker bears the burden of proving a work related injury. This is not always easy to do if there is no evidence corroborating the injured worker's story and facts of the case. After a work injury it is important to keep in mind the following: Seek Treatment It is important that your first seek medical treatment after an injury. By seeking medical treatment you are not only getting treatment but you are also creating a... Posted on October 8, 2009 at 06:00 am by Jerry Sisk

Recently, the District Court for the Western District of Pennsylvania delivered some potentially bad news to Pennsylvania employers. In Truman v. DeWolff, Boberg & Associates, Inc., the Court held that an employee may be entitled to overtime payments for time worked in foreign countries under the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law. The plaintiff, Michael Truman, worked for D.B.A., Inc. for a little over a year, and during that time worked in... Posted on October 2, 2009 at 12:22 pm

In Prowel v. Wise Business Forms, Inc., the Third Circuit reversed a district court's granting of summary judgment in favor of an employer on a claim of gender stereotyping discrimination. The claim was brought by an admittedly homosexual employee who alleged he was subject to gender discrimination, retaliation and religious discrimination based on his effeminate actions and mannerisms. The Third Circuit acknowledged that Title VII does not protect employees from discrimination based upon their... Posted on September 1, 2009 at 01:28 pm

In Weaver v. Harpster, the Pennsylvania Supreme Court ruled that small employers (three or fewer employees) may not liable for acts of employment discrimination. Under the Pennsylvania Human Relations Act (PHRA), employers with four or more employees are prohibited from discriminating against their employees on the basis of sex. At common law, an employer may terminate an at-will employee for any reason unless that reason violates a clear mandate of public policy emanating from either the... Posted on July 22, 2009 at 08:21 am

Under Minnesota's workers compensation laws, an employee sustaining a work related injury is entitled to reasonable and necessary medical treatment. Given this rule many injured workers assume that the Minnesota employer and workers' compensation insurer will automatically pay for the injury and the related medical expenses. This is unfortunately often not the case. Many injured workers then go without treatment which allows the same employer and workers compensation insurer to allege that the... Posted on September 26, 2009 at 04:55 am by MN Disability and Atkinson Law Offices

News of more and more layoffs belies the harsh reality that our economy is not recovering quickly. The Pioneer Press recently reported that Maplewood, Minnesota-based 3M Company laid off 1,200 workers in the first three months of 2009, and 2,400 in the last three months of 2008. Executives said that more job cuts could be coming. Several hundred of these layoffs are from 3M locations within Minnesota. If this is happening at 3M, it is happening at companies throughout Minnesota. Hopefully, the... Posted on September 20, 2009 at 05:02 am by MN Disability and Atkinson Law Offices

Hire an EXPERIENCED workers compensation attorney TODAY. The same fee is paid to every attorney under Minnesota law so why would you hire someone who only dabbles in work comp or has only been out of law school for a few years? It makes no sense! At Atkinson Law Office and Minnesota Disability, Attorney Tom Atkinson who has nearly two decades of Minnesota workers compensation experience will personally oversee your claim, puncutually returning your calls! When your claim is denied the ONLY way... Posted on August 9, 2009 at 06:50 am by MN Disability and Atkinson Law Offices

Do you ever worry that Social Security benefits will not be available by the time you are ready to retire? We have all heard the stories, now take a look at this article.This blog is not intended as legal advice, nor an offer of legal representation. We encourage honest communication regarding Social Security Disability. Please contact an attorney for legal advice specific to your situation. Posted on September 18, 2009 at 01:08 pm by SC Divorce and Disabilty

If your claim for Social Security Disability benefits is denied, you can appeal and request a hearing. This is good news because most claims, in my opinion, if approved are done so at the hearing. The bad news is that there is such a backlog of disputed disability claims, some people wait years for a hearing. According to a recent blog, "the Associated Press, the number of Americans receiving Social Security disability has doubled since 1990 to 7.4 million while the number of workers processing... Posted on August 26, 2009 at 10:39 pm by SC Divorce and Disabilty

The Social Security Administration provides regular statements which estimate the amounts that individuals should receive for Social Security Retirement, Disability, Dependents, etc. If you need to get a copy of your most recent statement, click here.This blog is not intended as legal advice, nor an offer of legal representation. We encourage honest communication regarding Social Security Disability. Please contact an attorney for legal advice specific to your situation. Posted on July 26, 2009 at 02:39 am by SC Divorce and Disabilty

9-05-09 New laws apply to employers and contractors in the construction industry eff., January 1, 2008. Illinois Attorney General Lisa Madigan is now prosecuting non-compliant employers under the new law. All construction workers working for construction contractors after January 1, 2008 are presumed to be employees of the contractor by law unless they meet the specific exceptions listed in (b) and (c) below as set out in Section 10 of the new Employee Classification Act. (820 ILCS 185/10) Sec.... Posted on September 5, 2009 at 06:00 am

8-21-09 The Workers Compensation Commission will hold public seminars for payers and providers to review the new Illinois Workers Comp Medical Fee Schedule for injury related medical care on or after Feb.1, 2009. (Instructions and Guidelines for Treatment ) Payer and Provider Seminars are now scheduled: Mount Vernon (10/13/09), Collinsville (10/14/09), Springfield (10/28/09), Chicago (11/3 and 11/4/09), Peoria (11/10/09) and Rockford (11/17/09) see dates and locations and registration... Posted on August 21, 2009 at 08:18 am

8-18-09 We often report on important developments involving Medicare coordination with Illinois workers compensation claims. For those following the Mandatory Insurer Reporting requirements (MIR), the Centers for Medicare & Medicaid Services (CMS) released an updated Liability and Workers Compensation Insurance User Guide Version 2 dated 8-04-09. The 225 page document is offered to help insurance carriers and administrators understand upcoming claim reporting requirements for cases... Posted on August 18, 2009 at 06:43 am

It doesn't matter whether you work in a highly hazardous occupation or whether you have a career that doesn't pose much risk of injury - if you sustain an injury arising out of your work, and within the course and scope of your employment in Minnesota, you are entitled to workers' compensation benefits. According to the U.S. Bureau of Labor Statistics, here are the ten most hazardous occupations in 2006: 1. Fishermen and women and fishing workers. 141.7 fatalities per 100,000 workers. 2.... Posted on August 24, 2009 at 01:03 pm by J. Yackley

According to the Star Tribune, one person was killed and another seriously injured in a Chisago County motorcycle versus mini-van accident on Wednesday, August 12, 2009. According to the article, the minivan ran a stop sign, hitting the motorcycle. As of the end of July 29 motorcyclists had been killed in Minnesota this year. At the same time last year, there were 26 deaths. The article also notes that August and September are typically the most deadly in terms of motorcycle accidents. Last... Posted on August 17, 2009 at 11:25 am by J. Yackley

While we've had a relatively cool summer this year, the forecast suggests that temperatures are going to be hotter in August. People who work outdoors like construction workers, builders, road workers, utility workers, police officers, maintenance workers, landscapers, city workers, and heavy equipment operators need to be especially wary of heat-related work injuries. Symptoms of heat exhaustion include a fever of 104 degrees or less, thirst, fainting, cool and clammy skin, weakness, aching... Posted on August 13, 2009 at 12:22 pm by J. Yackley

Experience, location and convenience are the keys to hiring the right injury lawyer for your claim resulting from physical injury, death or post traumatic stress from the June 22, 2009 crash of the METRO red line trains. by Michael J. Schreyer Experience in handling mass torts, or multi-party injury cases. Injured MD & DC citizens should choose a law firm that has experience in mass torts involving dozens or hundreds of victims, from many locations. In September 1988 I was beginning the... Posted on July 1, 2009 at 07:03 am by Maryland Injury Lawyer

In response to the tragedy Monday evening here, I wanted to do something to help my local community. Of course I am not a first responder or a medical doctor, so other than taking my hat off to those heroes, there is little that I can do in the short term to provide aide or comfort. What I can add here is some legal insight to those connected to the tragedy who are ready to consider the legal aspects of their losses. Some short notes from recent wrongful death cases are listed below. Wrongful... Posted on June 23, 2009 at 07:12 am by Maryland Injury Lawyer

The news out of Illinois today is tragic. At least one life has been lost at the scene, due possibly to excessive speed for the wet conditions. This tragedy will need prompt investigation by several independent investigators to determine what the appropriate speed was for the conditions and what precautions should have been in place to prevent the train from derailing. Often in cases like this our litigators have engineers at the scene within 24 - 72 hours, to preserve evidence and build the... Posted on June 20, 2009 at 05:02 am by Maryland Injury Lawyer

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body. A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure. This resulted in the worker being drenched with hot zinc bromide and being severely burned. He was burned over 45% of his body, including his eyes. The worker suffers from high blood pressure, depression, and... Posted on December 16, 2008 at 07:33 am

According to news reports, a 37 year old deckhand working aboard a vessel owned by Schlumberger has obtained a 6 million dollar verdict, plus court costs, after he was burned over 45% of his body. A tank containing zinc bromide mixed with sand overheated, causing a plumbing failure. This resulted in the worker being drenched with hot zinc bromide and being severely burned. He was burned over 45% of his body, including his eyes. The worker suffers from high blood pressure, depression, and... Posted on December 16, 2008 at 07:33 am

Various news sources are reporting that a helicopter crash in the Gulf of Mexico has killed 3 oil rig workers on their way to an unmanned oil platform in the Gulf of Mexico. The Gulf Coast has seen entirely too many helicopter crashes in 2008. Something should be done to increase the safety of helicopters along with monitoring and enforcing safety laws that apply to helicopter companies. What law applies to a helicopter crash over a navigable body of water like the Gulf of Mexico? This analysis... Posted on December 16, 2008 at 07:26 am