Workers' Compensation News
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USCA 5th: Asbestosis Not 'Injury by Accident'
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08/08/2005
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State: LA | Segment: Courts | 0
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The United States Court of Appeals for the Fifth Circuit ruled that an asbestos-related disease is not a bodily injury by accident.
In Riverwood International Corp. v. Employers' Insurance of Wasau, No. 04-30608, 08/04/2005, Riverwood International Corp. (Riverwood) obtained a serie...Read More
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USCA 11th: Diabetes Isn't 'Disability' Under ADA
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08/08/2005
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State: FL | Segment: Courts | 0
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The United States Court of Appeals for the Eleventh Circuit ruled that a plaintiff's claims should be dismissed if he fails to present sufficient evidence for a jury to conclude he suffers from a disability.
In Collado v. United Parcel Serv., Inc., No. 04-11297, 08/02/2005, William ...Read More
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USCA 11th: No Fees for Weak Argument
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08/08/2005
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State: FL | Segment: Courts | 0
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The United States Court of Appeals for the Eleventh Circuit ruled that an award of attorney's fees is an abuse of discretion where the plaintiff's arguments are not frivolous, but are merely weak.
In Cordoba v. Dillards Inc., No. 04-14744, 08/04/2005, Lea Cordoba, a sales associate,...Read More
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Unlicensed NY Therapist Indicted for $1.3M in Billings
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08/05/2005
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State: NY | Segment: Fraud | 0
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An Albany County grand jury recently indicted a Brooklyn man on charges of defrauding the government and private insurance companies of more than $1.3 million by performing physical therapy services without a license for more than five years, according to the New York Attorney General's Office. ...Read More
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Unisource Buys Adjuster, TPA in Southeast
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08/02/2005
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State: NA | Segment: Business | 0 | Popular with Insurance
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Unisource Administrators continued to expand in the Southeast with two recently announced acquisitions that add to the company's list of services for workers' compensation clients.
Unisource bought O'Steen Adjusting Services in Atlanta, Ga., and Hilb, Rogal and Hobbs of Alabama's Third Par...Read More
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USCA 7th: Threat to Safety Precludes ADA Claim
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08/01/2005
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State: IN | Segment: Courts | 0
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The United States Court of Appeals for the Seventh Circuit ruled that dismissal of plaintiff's ADA claim was appropriate where his condition made him a threat to workplace safety.
In Darnell v. Thermafiber, Inc., No. 04-2170, 07/29/2005, Brent Darnell was hired by Thermafiber, Inc. ...Read More
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Underwriting Profit Up 19% at Fairfax
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07/29/2005
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State: NA | Segment: Business | 0
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Fairfax Financial Holdings Ltd. (TSX:FFH.SV)(NYSE:FFH) announced a 29.6% second-quarter gain in operating income, which it attributed to improved underwriting results and investment income.
Operating income was $165.4 million in the quarter ended June 30, compared with $127.6 million in 20...Read More
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U.S. 2nd: Longshore Act Gives Widow Latitude
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07/27/2005
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State: NY | Segment: Courts | 0 | Popular with Insurance
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The U.S. Court of Appeals for the Second Circuit in New York has issued a ruling in a death benefits case that a plaintiff's attorney calls a landmark decision for the longshore industry.
Rocco Morganti, a test engineer employed by Syracuse-based Lockheed Martin Naval Electronic & Surveill...Read More
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USCA 6th: Zone of Danger Insufficient
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07/25/2005
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State: OH | Segment: Courts | 0
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The United States Court of Appeals for the Sixth Circuit ruled that to recover emotional distress damages under the Federal Employers' Liability Act (FELA), a plaintiff must be within the zone of danger and the emotional injury must be the result of a fear for his or her safety.
In ...Read More
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USCA 7th: FMLA Restrictions Rule
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07/25/2005
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State: IL | Segment: Courts | 0
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The United States Court of Appeals for the Seventh Circuit ruled that an employer cannot impose return to work provisions that are more burdensome than those provided by the Family Medical Leave Act (FMLA).
In Harrell v. United States Postal Service, No. 03-4204, 07/19/2005, Rodney ...Read More
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