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13 Aug 2011, 5:02 am
Disability Blog & Cases: Court Of Appeals agrees with Texas Judge that UNUM did not abuse its discretion in denying Accenture LLP’s employee’s claim for disability benefits In the case of Gwendolyn Byrd vs. [read post]
10 Mar 2016, 7:30 am
The vast majority of these applications are denied without any regard to the merits of the claimant’s assertions. [read post]
24 Jan 2015, 6:43 am
A proper Stowers demand is will also have language similar to the following: Accordingly, the Policy Claimants will fully and unconditionally release the defendant of and from any and all liability arising out of the collision and the Policy Claimants' damages and derivative damages resulting therefrom without limitation in exchange for payment of the Policy's liability policy limits. [read post]
5 Sep 2017, 12:35 pm
The appellate court reversed, siding with plaintiff’s reasoning that the insurer was required to obtain a court order before it could compel claimants to testify under oath. [read post]
15 Jul 2021, 11:07 am
After a good analysis of what in Virginia constitutes “process,” the Norfolk Circuit Court concluded: In the absence of a suit to enforce, as in this case, where a claimant has not served the other party with a complaint and summons, the mere filing of a mechanic’s lien alone does not constitute ‘process. [read post]
27 Apr 2020, 4:58 am
First, can damages to fund surrogacy arrangements using the claimant’s own eggs be recovered? [read post]
10 Sep 2023, 4:42 pm
Confusion arose because each set of photos submitted to the court included at least one image which conflicted with the young woman claimant (C1)’s narrative. [read post]
9 Feb 2021, 8:13 am
If a sovereign takes foreign national’s property international law is implicated because it constitutes an injury to the state from which the foreign national comes. [read post]
4 Jun 2011, 6:00 am
For the first 24 months of complete and total disability, a long-term disability insurance company pays the claimant if the claimant is unable to perform the material duties of his or her “own occupation. [read post]
14 May 2011, 8:25 am
Permanent Total Disability (PTD) (440.15(1)) is the most valuable wage loss benefit available under Florida's workers' compensation system. [read post]
15 May 2020, 7:09 am
You may not feel quite sure of all the details involved, but your part of the claim is just as important as everyone else’s. [read post]
16 Sep 2009, 9:23 am
In reality, in PA, according to a recent decision by the Commonwealth Court of Pennsylvania, the testimony of the injured worker, without matching testimony from a physician, cannot defeat a petition filed by the workers' compensation insurance carrier to modify or suspend the injured claimant's workers' compensation benefits. [read post]
20 Apr 2016, 7:12 am
Jackson LJ summed up the challenge faced by claimants in his description of the measures taken by PJS since the information started to appear online [16]: “The claimant’s solicitors have been assiduous in monitoring the Internet and taking steps, wherever possible, to secure that offending information is removed from URLs and web pages. [read post]
6 Oct 2021, 3:11 am
A calculation of a claimant’s net costs liability was therefore an incorrect approach, as the bar to enforcement in the QOCS provisions applied to the gross amount of a defendant’s costs orders against a claimant rather than the net amount. [read post]
27 Feb 2015, 9:11 am
“Countable assets” include the claimant’s retirement funds but it does not include the claimant’s vehicle or home. [read post]
29 Feb 2024, 4:07 am
A claim for trespass to a mineral lessee’s rights accrues when unauthorized conduct first invades or interferes with the claimant’s legal rights. [read post]
27 Mar 2017, 3:30 am
A Title VII claimant must show both that she experienced an adverse employment action and that this action was caused or motivated by the claimant’s sex, race, religion, or other protected characteristic. [read post]
16 Apr 2020, 2:11 pm
Video statements can also be a powerful way to humanize what’s going on with the claimant, adds Greg Dell. [read post]
19 Jun 2018, 10:48 am
Whether the defense should be estopped from relying upon the attorney work-product doctrine because it pursued disclosure of the identical materials from the claimant’s attorney. [read post]
7 Jul 2016, 7:30 am
As the Court of Appeals explained in Matter of Sinker [Sweeney], 89 NY2d 485, "a felony is 'in connection with' employment for purposes of Labor Law §593(4) if it results in breach of a duty, express or implied, [a] claimant owes an employer. [read post]
