Industry Insights
| A union member's veiw on responsibility and construction work. | 11/12/2007 | ||
| State: NY | Segment: | 0 | |||
| By Thomas G. PryceI was sitting in my office at the Ironworkers Hall recently, and I got to thinking. Down the corridor an OSHA safety trainer was conducting a class for about 20 men. They probably would rather have gone out for a fish fry with their wife on Friday night or watched...Read More | |||
| Appellate court orders WCAB to provide summary of evidence. | 10/23/2007 | ||
| State: CA | Segment: | 0 | |||
| --By Richard "Jake" JacobsmeyerThe court of appeals has considered the consequence of the WCAB’s issuing a decision after reconsideration without a summary of evidence from the trial judge and ruled that the summary of evidence is a required document and must be completed be...Read More | |||
| Apportionment attack will dismantle reforms -- opinion. | 10/12/2007 | ||
| State: CA | Segment: | 0 | |||
| by David DePaoloIn earlier opinion pieces I have argued that the California reform movement was ill-conceived, not well thought out, terribly drafted, and worse, would provoke a swing of the pendulum to an opposite direction in a much more violent manner. We are about to see the beginnin...Read More | |||
| Appellate Division Affirms Dismissal of Hostile Work Environment Stress Case | 09/22/2007 | ||
| By: John H. Geaney | |||
| State: CA | Segment: | 0 | |||
| By John H. Geaney Employers can win occupational stress cases in New Jersey like the one in Williams-Edmonson v. State of New Jersey, A-5831-05T3, (App. Div. May 21, 2007). Petitioner worked as a clerk typist and then a judicial clerk for the Monmouth County Probation Depa...Read More | |||
| Ala. Supreme Court Clarifies Work Comp Subrogation | 08/11/2007 | ||
| State: CA | Segment: | 0 | |||
| Alabama has a workers' compensation subrogation statute, which, at first blush, appears to be no different from the statues of many states. Alabama Statute Section 25-5-11 provides that when an injury or death is caused "under circumstances also creating a legal liability for damages on ...Read More | |||
| Appellate Division Dismisses Claim Due to Personal Errand | 07/28/2007 | ||
| By: John H. Geaney | |||
| State: CA | Segment: | 0 | |||
| By John H. Geaney Hector Valcarcel worked with FSA Management Co. FSA managed residential apartments and hired Valcarcel as a superintendent of its apartment complexes, providing him with a company vehicle and an apartment unit. He worked from 8 a.m. to 4:30 p.m. for FSA. Valc...Read More | |||
| Arbitrator Finds No-Fault Insurer Engaged in Unfair Claims Practices | 07/28/2007 | ||
| By: Larry Rogak | |||
| State: CA | Segment: | 0 | |||
| By Larry Rogak Dohyung Kim's Physical Therapy v. Global Liberty Insurance Co. of New York, AAA case no. 412007009949, Assessment no. 17 991 07900 07 (Jodi Brackman, Arbitrator) In this arbitration over physical therapy bills, Global Liberty denied the claims on the bas...Read More | |||
| Arizona Revamps its Subrogation Statute | 06/30/2007 | ||
| State: CA | Segment: | 0 | |||
| Section 23-1023 is Arizona's workers' compensation subrogation statute. On April 24, 2007, this statute was completely rewritten and now reads as follows: Section 23-1023. Liability of third person to injured employee; election of remedies. (A) If an employee who is entitled...Read More | |||
| Awarding TTD Beyond 5 Years From Date of Injury OK | 06/02/2007 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The 1st Appellate District reversed a Workers' Compensation Appeal Board decision that had in turn reversed a workers' compensation judge's order for payment of temporary total disability for a period beginning more than five years from the date of injury. The circum...Read More | |||
| Appeals Court Validates Pendergrass II and Baglione II in One Fell Swoop | 06/02/2007 | ||
| State: CA | Segment: | 0 | |||
| By Jake Jacobsmeyer The First Appellate District has issued the first of at least 11 upcoming decisions interpreting Labor Code Section 4660(d) on the use of the Old PDRS vs. the post 1/1/05 schedule based on the AME Guidelines. The Appellate Opinion addresses the issues raised in bo...Read More | |||
