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26 May 2010, 12:08 pm
As Attorney Scott Lewis explains to his clients, it is a way of winning a disability claimant's claim not based on one of the Social Security Administration's (SSA's) qualifying "Listing of Impairments. [read post]
21 Nov 2013, 6:00 am
Thereafter, the first party auto carrier filed suit on its subrogation/reimbursement claim against the workers's compensation carrier.The worker's compensation carrier countered with preliminary objections putting forth the primary argument that the first party auto carrier had failed to exhaust its statutory remedies during the pendency of the worker's compensation matter and prior to filing this suit.The Commonwealth Court ultimately ruled because Liberty Mutual, the… [read post]
5 Sep 2015, 6:25 am
The standard TTD benefit, contained in §440.15(2)(a), is payable at the rate of 66-2/3 or 66.67 percent of the Claimant’s average weekly wages (AWW). [read post]
9 Jan 2017, 9:30 am
Nevertheless, the Sixth Circuit determined that the insurer’s denial was arbitrary and capricious because the claimant’s doctor did not diagnose her with WG until after her policy went into effect. [read post]
9 Jan 2017, 9:30 am
Nevertheless, the Sixth Circuit determined that the insurer’s denial was arbitrary and capricious because the claimant’s doctor did not diagnose her with WG until after her policy went into effect. [read post]
11 Jun 2019, 12:35 pm
In response to the Bailey decision, in 2006 the Ohio legislature amended the law to read that a compensable injury does not include “[p]sychiatric conditions except where the claimant’s psychiatric conditions have arisen from an injury or occupational disease sustained by that claimant. [read post]
22 Jul 2015, 6:24 am
This includes $30 million awarded to a claimant in 2014, which is its largest whistleblower award to date. [read post]
10 Jan 2013, 7:23 am
Related Musings:The Cloud Dissipates (a bit)A Cloud on the Horizon for Mechanic’s Lien Claimants…Thanks to Scott Wolfe! [read post]
30 Sep 2014, 4:28 am
But in the instance of a lien claimant, for instance, the applicable date may be the date services were provided since a lien claimant has separate status from, though dependent on, the injured worker.If the law is procedural, then it's another story and the law will apply to an existing dispute.So it's interesting that a medical billing dispute that existed prior to the passage of California's SB 863 will be heard by the 4th District Court… [read post]
10 Sep 2023, 6:27 am
After an offer is made, the claimant’s attorney responds with a counteroffer. [read post]
14 Oct 2020, 10:07 am
Successful claims allow claimants to recover compensation for damages relating to the claimant’s suffering, including mental anguish, loss of companionship, loss of guidance and education, emotional pain and suffering, and loss of parental, marital, or filial care. [read post]
16 Feb 2018, 7:40 am
Places of public accommodations, including websites and apps, would have 6 months to bring their place of public accommodation into compliance before a claimant could file a lawsuit seeking injunctive relief and attorneys’ fees. [read post]
23 Feb 2014, 9:27 am
Lawyers in charge explain that the case covers only a set class of plaintiffs: to qualify for funds, claimants must (quoting the broadcast account) have lived in New Orleans public housing before Feb. 2001, have been born before late 1987, and be able to show medical records indicating lead poisoning before the age of six. [read post]
31 Oct 2019, 1:09 am
Our firm has represented claimants in many cases where vocational services or outcomes have been at issue. [read post]
14 Sep 2015, 6:00 am
Typically a claimant must exhaust all other available insurance before receiving uninsured motorist benefits. [read post]
7 Aug 2018, 1:06 pm
Apfel, 616 N.E.2d at 1098.The essential elements of a property rights-based claim for tortious misappropriation of intellectual property are: (1) an idea was communicated by the claimant to another in confidence; (2) the idea was novel and original; (3) the recipient used the idea to the recipient’s benefit; and (4) resulting damages to the claimant based on the tortfeasor’s beneficial use of the idea or knowledge. [read post]
21 Aug 2012, 2:01 pm
"Sotheby's will have a chance to respond to the government's claims by September.All quotes are taken from the Memorandum of Law in Support of the Government's Opposition to Claimants' Sotheby's, Inc. [read post]
10 Jan 2011, 3:44 pm
The Claimant was infirm, but this was not enough to bring him within the exception to s.21(8) in the Westminster case, as that relied on someone first having passed the s.21(1)(a) test, which was not the case here. [read post]
15 Aug 2014, 7:48 am
According to employer’s policy, the manager escorted Claimant to the truck. [read post]
13 Mar 2016, 3:24 am
The court sided with the claimant: the fact that the defendant had expressly acknowledged the claimant's paternity of the work did not rule out the infringement of his economic rights. [read post]