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Workers' Compensation News


 
Court: Commission Must Reconsider Attorney Fee Arguments 10/10/2011
State: OH | Segment: CENTRAL | 375 | 0 | Popular with Legal
The Industrial Commission must reconsider a law firm's restitutionary arguments for $18,970 in attorney fees, an Ohio appellate court ruled.The 10th District Court of Appeals granted a law firm's petition for a writ of mandate in the case of State ex rel. Bashein & Bashein Co...Read More
 
 
Commonwealth Court Contrasts Supersedeas Denial, Subrogation 10/10/2011
State: PA | Segment: EAST | 457 | 0 | Popular with Legal
An employer's sole remedy for payment of a claim that it was not liable for is subrogation, and not supersedeas reimbursement, the Commonwealth Court of Pennsylvania concluded.Case: GMS Mine Repair & Maintenance v. WCAB (Way), No. 92 C.D. 2011, 10/7/11, published/reported. ...Read More
 
 
Court Rejects Opinion that Mining Was No Factor in Smoker's COPD 10/10/2011
By: Jim Sams (Senior Editor)
State: IL | Segment: CENTRAL | 426 | 0 | Popular with Legal
The Illinois Court of Appeals overturned a Workers' Compensation Commission ruling that cigarette smoking, and not exposure to coal dust during a 40-year mining career, was the sole cause of a claimant's chronic obstructive pulmonary disease.The appellate court's special work...Read More
 
 
Court: Board Did Not Violate Precedent with ATF Order 10/07/2011
State: NY | Segment: EAST | 467 | 0 | Popular with Legal
The Workers' Compensation Board did not depart from precedent when it ordered a carrier to make a deposit into the aggregate trust fund plus interest, a New York appellate court concluded. Case: Becker v. Rauli & Sons, No. 511455, 10/6/11, published.Facts: Alan Becker...Read More
 
 
Court: Trial Judge Shorted Employer in 3rd-Party Intervention 10/07/2011
By: Jim Sams (Senior Editor)
State: LA | Segment: CENTRAL | 241 | 0 | Popular with Legal | 14 min read
The employer of a claimant injured in a vehicle accident with a third party was entitled to reimbursement for all wage-loss benefits and medical benefits it paid -- not just the amount stipulated before judgment, the 3rd Circuit Louisiana Court of Appeals ruled.Case: Latiolais v. BellSou...Read More
 
 
Conflicting Accounts Sink Diabetic Amputee's Ant Bite Claim 10/07/2011
By: Jim Sams (Senior Editor)
State: LA | Segment: CENTRAL | 304 | 0 | Popular with Legal | 51 min read
A diabetic janitor whose leg had to be amputated after he was bitten by fire ants failed to prove that the injury happened within the scope of his employment, because he gave two conflicting accounts, the 3rd Circuit Louisiana Court of Appeals ruled.Case: Hymes v. Congregation of Immacul...Read More
 
 
Contractor Fined $2,500 for Not Having Comp Insurance 10/06/2011
By: Greg Jones (Deputy Editor)
State: CA | Segment: WEST | 408 | 0 | Popular with Legal
The California Contractors State License Board announced on Wednesday that an unlicensed Salinas contractor was fined $2,500 and sentenced to three years of probation for not having workers' compensation insurance.Ricky Lee Cremona, 47, pleaded no contest on Sept. 30 in Monterey Coun...Read More
 
 
Court Rejects Argument that Claimant Was Not an Employee 10/06/2011
By: Jim Sams (Senior Editor)
State: NC | Segment: EAST | 364 | 0 | Popular with Insurance
The North Carolina Court of Appeals rejected a contractor's contention that a laborer whose hand was crushed while on a job site was not an employee because the supervisor who asked the claimant to work had no authority to make hiring decisions.Case: Campos-Brizuela v. Rocha Masonry ...Read More
 
 
Correction 10/05/2011
State: CA | Segment: Other | 241 | 0 | Popular with Legal | 5 min read
Attorney Stephen Silverman represents several individual interpreters in payer-initiated proceedings to consolidate interpreters' liens. WorkCompCentral incorrectly reported the identity of his clients in an article posted on Monday.Also, the Interpreters Fee Schedule specifies inter...Read More
 
 
Commission Issues Annual Report for 2010, Notes Changes 10/05/2011
State: IL | Segment: CENTRAL | 380 | 0 | Popular with Legal
The Illinois Workers' Compensation Commission has posted its fiscal year 2010 annual report online, including an explanation of some of the agency's efforts to implement changes in the state's workers' compensation system.In announcing the report, the commission said that...Read More
 
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