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Documents on Workers Compensation
 

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HTMLDon’t Get Short Changed on Your Average Weekly Wage
John M. Connell; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 24, 2015
Average weekly wage is a topic I have discussed previously. Generally your average weekly wage should include the salary you earn each week. It gets more complicated when the weeks that you work are not uniform, like when someone gets a lot of overtime or their work is not full time. That’s...

 

HTMLWorker’s Compensation for the Colorado State Trooper: U-Coverage and your Insurance Company (Part 3 of 3)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on February 24, 2015
NO. Even though your U-coverage is purchased and invoked under your personal car insurance policy, your car insurance company may challenge your right to recover under your U-policy. As a result, we may need to file a lawsuit against your insurance company to ascertain fair compensation under your...

 

HTMLHepatitis C Transmission in the Course of Your Employment (Part 1 of 2)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 3, 2015
Hepatitis C is an infectious disease primarily caused by blood-to-blood contact. Hepatitis C infections can cause scarring of the liver, and, over time, ultimately liver failure. When the infection is treated early with proper medications, the chance of being cured or experiencing remission is...

 

HTMLFourth Circuit Affirms District Court’s Decision That Virginia Workers’ Compensation Act Barred Personal Injury Suit by Construction Worker Employed by North Carolina Company
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
March 27, 2015, previously published on January 2015
In James Demetres v. East West Construction, Inc., James Thomas Demetres (“Demetres”) appealed the district court’s dismissal of his personal injury suit against East West Construction, Inc. (“East West”) for lack of subject matter jurisdiction pursuant to Federal Rule...

 

HTMLHepatitis C Transmission in the Course of your Employment (Part 2 of 2)
Nick Fogel; Burg Simpson Eldredge Hersh & Jardine, P.C.;
Legal Alert/Article
March 27, 2015, previously published on March 5, 2015
In Part 1 of our blog series, we discussed the risks to first responders, as well as legislation that has been enacted to protect them. However, it is of vital importance that first responders who believe they may have been exposed to hepatitis C follow the below list of timeline requirements:

 

HTMLWorkers' Compensation Appellate Division Holds that in a Claim to Death Benefits, Dependency Status is Determined as of the Date of Injury
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on January 22, 2015
In Foley v. Thermal Engineering International, Inc., Me. WCB App. Div. Decision No. 15-2 (January 13, 2015), the Workers' Compensation Board Appellate Division held that, in a claim to death benefits, dependency status is determined as of the date of injury.

 

HTMLSupreme Court Rules on Application of § 327 Presumption
John J. Cronan, Evan M. Hansen, Nelson J Larkins; Preti, Flaherty, Beliveau & Pachios, LLP;
Legal Alert/Article
March 26, 2015, previously published on February 2, 2015
In Estate of Sullwold v. The Salvation Army, 2015 ME 4 (January 22, 2015), a high-level Salvation Army employee with a history of cardiovascular issues was found dead after a heart attack with his smart phone next to him and a financial news program on TV. The heart attack occurred during normal...

 

HTMLWorker's Compensation Act Issue; Motions to Compel Arbitration
Sirote Permutt P.C.;
Legal Alert/Article
March 19, 2015, previously published on February 2, 2015
This week's Alabama Law Weekly Update discusses two decisions from the Supreme Court of Alabama. In the first case, the Court considered a worker's compensation case where the trial court awarded permanent total disability benefits in accordance with the Workers' Compensation Act. In the second,...

 

HTMLPursuit of Compensation by Injured Employees Under the Alabama Workers' Compensation Act; Scope of Alabama State Board of Pharmacy's Authority
Arthur S. Richey; Sirote Permutt P.C.;
Legal Alert/Article
March 19, 2015, previously published on March 4, 2015
In this week's Alabama Law Weekly Update, we report on two decisions from the Alabama Court of Civil Appeals: The first concerns an employee's attempt to receive workers' compensation for injuries sustained at her site of employment and the second addresses the scope of the Alabama State Board of...

 

HTMLSuperior Court Judge Rejects Dever Case and Holds Walmart Not Barred from The Recovery Of Its Workers’ Comp Lien
John H. Geaney; Capehart & Scatchard, P.A.;
Legal Alert/Article
March 19, 2015, previously published on March 3, 2015
Desirae Cintron was injured in a motor vehicle accident on September 20, 2011 while walking in the parking lot of a Walmart store where she worked. She was struck by a vehicle driven by Marvin Thomas. Cintron was eligible for PIP benefits because she lived with her father who had an insurance...

 


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