Article Search Results (601)
Articles on workers compensation
Articles on workers compensation
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 | Former Longshoreman Successfully Appeals to Fourth Circuit
November 6, 2009, previously published on October 2009 The United States Court of Appeals for the Fourth Circuit reversed a decision of the Benefits Review Board of the United States Department of Labor ("Board") when it did not assess petitioner's hearing loss compensation based on the American Medical Association Guides to Evaluation of... |
| Marin General Hospital v. Modesto & Empire Traction Co. No. 07-16518 (9th Cir. 2009)
Matthew T. Fornataro, Arthur N. Lerner; Crowell & Moring LLP; November 3, 2009, previously published on October 30, 2009 The Ninth Circuit Court of Appeals reversed a lower court and remanded the case to state court. The court held that because the state-law actions for breach of contract, negligent misrepresentation, quantum meruit, and estoppel rely on legal duties that are independent from duties under any benefit... |
| Conventional Distinctions between Injury and Illness Prevail
Paul N. Farquharson, Tamiya N. Wilkes; Semmes, Bowen & Semmes, [incorporation phrase format]A Professional Corporation; October 30, 2009, previously published on October 13, 2009 Charles McDevitt was diagnosed with metal fume fever as result of exposure to fumes while at his workplace. McDevitt's metal fume fever developed into increasing symptoms of fever and respiratory distress, causing him to be hospitalized for a substantial period of time over three and a half months... |
| Anti-Entergy Legislation Loses Energy D. Bradley Kizzia; Strasburger & Price, LLP; October 26, 2009, previously published on October 1, 2009 On April 3, 2009, the Texas Supreme Court rendered its opinion in Entergy Gulf States, Inc. v. Summers. In a split decision on rehearing, the Court essentially upheld its 2007 opinion so as not to change the ultimate holding, that is, that a premises owner that contracted to provide workers... |
| Workers' Compensation Denied Although Employer Offers No Expert Paul N. Farquharson, Lydia Hu; Semmes, Bowen & Semmes, [incorporation phrase format]A Professional Corporation; October 9, 2009, previously published on September 2009 The District of Columbia Court of Appeals affirmed the denial of workers' compensation benefits finding the claimant failed to establish entitlement, despite the fact that the employer offered no expert medical evidence to controvert plaintiff's claims. For the first time, the court held than an... |
| Beware of Inflexible Return-to-Work Policy Following Exhaustion of Workers' Compensation Leave Emily Hobbs-Wright; Holland & Hart LLP; October 6, 2009 Employers that have a policy of automatically terminating employees who fail to return to work following the exhaustion of workers' compensation leave need to be aware that such a policy puts companies at risk of a class action lawsuit alleging violations of the Americans With Disabilities Act... |
| False Legal Theory of Regulatory Compliance in Finance Banking Matthew B. Greene; STILAS International Law Services; September 28, 2009, previously published on 2007 Fraudulent documents give a false sense of confidence in the "legitimacy" of the transaction. One such approach is using contract language that pretends to be concerned with regulatory compliance and following certain well-known laws. Simply signing a statement that funds are in... |
| Mandatory New Requirements for Self-Insured Companies Catherine M. Dickenson; Husch Blackwell Sanders LLP; September 25, 2009, previously published on September 15, 2009 The Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) was signed into law on December 29, 2007. Section 111 adds new mandatory reporting requirements for group health plan (GHP) arrangements and for liability insurance (including self-insurance), no-fault insurance and workers'... |
| Workers Compensation Commission's Determination that Employee had not Committed Fraud Is Appealable Tamiya N. Wilkes, Paul N. Farquharson; Semmes, Bowen & Semmes, A Professional Corporation; September 17, 2009, previously published on September 2009 Valerie Willis ("Willis"), a former Montgomery County, Maryland Police Officer, obtained compensation benefits for a work related injury. Montgomery County ("the County") filed a "Request for Hearing for Referral to the Maryland Insurance Fraud Division," with the... |
| Deceased Workers' Rights to Permanent Partial Disability Benefits Survive To Spouses Kevin Cox, Paul N. Farquharson; Semmes, Bowen & Semmes, A Professional Corporation; September 17, 2009, previously published on September 2009 The Court of Special Appeals of Maryland was asked to decide whether ยง 9-632(d) of the Maryland Workers' Compensation Act (the "Act") entitles a surviving spouse to pursue the claim of the deceased spouse for permanent disability workers' compensation benefits, which might have been... |
