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28 Apr 2017, 12:57 pm
In the court’s opinion, “to allow a workers’ compensation claimant’s ability to work to rebut the presumption of total and permanent disability would have the undesirable effect of discouraging claimants from returning to the workforce. [read post]
17 Feb 2014, 5:00 am
All other causes of action against Offshore were enjoined by the district court. [read post]
24 Aug 2022, 9:46 am
(And if you need help interpreting your policy, schedule a consultation with an experienced disability lawyer.)Collect All Your Medical RecordsBe sure to keep all medical records on your diagnosis, including notes from the doctor and imaging results. [read post]
30 May 2013, 6:00 am
District Judge Carl Barbier agreed with BP’s argument that the oyster claimants released not only BP for their oyster losses but also all released of the State’s contractors and subcontractors whom the court determined fell within the term “Other Released Parties” within the class action settlement agreement. [read post]
18 Nov 2020, 4:00 am
Lachaux itself did not involve a corporate claimant and until it reached the Supreme Court the case focussed exclusively on s.1(1), the serious harm test that applies to all claimants. [read post]
22 Mar 2024, 8:20 pm
All rights reserved.Attorney AdvertisingPrior results do not guarantee a similar outcome.DisclaimerDownload Adobe Reader [read post]
22 Aug 2012, 4:00 pm
The damage to the axons renders certain parts of the brain unable to communicate with other parts of the brain, and memory and cognitive problems can occur. [read post]
19 Apr 2010, 2:30 am
The claimant stopped working largely because she could not be on her feet all day, as required by her job. [read post]
9 Mar 2011, 1:45 pm
After all, ERISA has been gutted. [read post]
1 Feb 2011, 9:15 am
As described here and here, the California Court of Appeals last week ruled that court-approved structured settlement factoring transactions could not be challenged by a would-be class action claimant who had alleged that the factoring company, J.G. [read post]
15 Sep 2013, 7:15 pm
All of this information is necessary, of course, but to a non-lawyer who is in pain or otherwise uncomfortable (after all an approved claimant by definition does not have the capacity to work), it is not at all surprising that payment processing errors made by Social Security are not picked up by claimants who have been struggling to survive during the 2 years it takes to get a decision. [read post]
8 Dec 2023, 7:00 am
Employer later filed a Subsequent Report of Injury controverting and denying the claim based on, among other grounds, no compensable accident. [read post]
8 Dec 2023, 7:00 am
Employer later filed a Subsequent Report of Injury controverting and denying the claim based on, among other grounds, no compensable accident. [read post]
12 Dec 2014, 12:38 pm
On the other hand, where the decedent’s estate is solvent (and so will likely have to pay the medical creditors’ claims anyway), or where the potential recovery against the defendants is unlimited by either insurance or collectability considerations, it may make sense for plaintiffs’ counsel to seek recovery of all claims arising from the decedent’s death in the same filed action. [read post]
15 Nov 2017, 12:48 pm
There will also be scrutiny as to whether or not you are working in any other type of occupation, and that will include looking at your financial information and tax returns, to see if you are reporting any other active income in areas besides your stated occupation. [read post]
23 Oct 2019, 8:00 am
Although the Appellate Division opined that it "is unquestionably within the province of the Comptroller to evaluate conflicting medical opinions and credit one expert over another," the court explained that the medical opinion relied on must be based upon, among other things, a review of all the relevant medical records.Finding that in this instance there is not indications that the Retirement System's medical expert reviewed certain medical evidence submitted to… [read post]
23 Oct 2019, 8:00 am
Although the Appellate Division opined that it "is unquestionably within the province of the Comptroller to evaluate conflicting medical opinions and credit one expert over another," the court explained that the medical opinion relied on must be based upon, among other things, a review of all the relevant medical records.Finding that in this instance there is not indications that the Retirement System's medical expert reviewed certain medical evidence submitted to… [read post]
13 Sep 2015, 11:34 am
” This appears to place some of the new rule’s responsibility to provide all evidence to the SSA on the lawyer or other representative. [read post]
8 Dec 2020, 8:29 am
And I always tell claimants, what we do is we work with the claimant in educating them as to what exactly should be in that form. [read post]
25 Jul 2011, 2:50 pm
Furthermore, since liens are statutory, lien claims must follow the statutes regarding liens very carefully, and the materialmen’s lien statute requires strict compliance; in other words, before a materialmen’s lien can be allowed, the lien claimant must show compliance with all conditions of the statute. [read post]
