Quantcast
Channel: Recent Workers Compensation posts - Justia BlawgSearch.com
Viewing all 38551 articles
Browse latest View live

Be Sure to Update Your Taxes if You Are Getting Divorced This Year

$
0
0
Going from married to divorced radically changes one’s finances. Instead of splitting bills with a partner, you now have to pay expenses on a single income. In addition to this, your taxes will likely change in several ways. In most cases, you can anticipate how your taxes will be affected by divorce, allowing you to alter your tax strategy accordingly. Updating Income Tax Withholding One area of your taxes you should review is whether you are withholding the right amount of taxes from your paycheck. Typically, married taxpayers who file together are taxed at a lower rate, and they may be able to claim certain deductions to reduce their tax burden. When someone is no longer married, his or her tax liability will likely go up. If you do not change the amount withheld from your paycheck, you could face a large tax bill when filing your next tax return. Many people find that they need to update their W-4 form so that more money is taken out of their paycheck each pay…

Emphasizing the Public Interest in Charitable Gifts

$
0
0
Susan Gary, Restricted Charitable Gifts: Public Benefit, Public Voice, 81 Alb. L. Rev 101 (2018), available at SSRN. Sarah Waldeck Susan Gary’s Restricted Charitable Gifts: Public Benefit, Public Voice makes the case for legal reforms that reflect the public’s interest in loosening donor control of charitable gifts. Gary writes that her article is aimed at advocating for the adoption of reforms that increase “the consideration of the public benefit standard in charities law,” so I know that she didn’t set out to change the way I teach my Estates course. But that’s exactly what she did, and it’s why I like her article. In classes on charitable trusts, my big picture questions are about the relationship between donors and charities: when should the law defer to the dead hand and when should it permit charities to modify donor-restricted gifts? Gary’s article has convinced me that the public interest—not donors or…

Officials Seek Better Response To Aviation Incidents

$
0
0
A lot of people have heard that a person is more likely to die in a car crash than in a plane crash. Turns out, the statistics offered by the NTSB back that old adage up. In fact, a person is 3 times more likely to die in a car accident than in a plane mishap. In numbers, Americans have a 1 in 114 chance of dying in an automobile accident. That number is 1 in 9,812. That doesn’t mean that accidents do not happen. When they do, however, safety officials want faster reporting of aviation incidents, as WSB reports. Currently, cockpit recorders are required to record the previous 2 hours of flight time. Due to a close-call suffered by Air Canada, the National Transportation Safety Bureau is considering a recommendation to increase that amount of time to 25 hours. Had the incident not been just a close call, it would have surpassed a 1977 incident in which two Boeing 747 jets collided on a runway in Tenerife on the Canary Islands. The incident killed 583 people. The incident…

Injured workers served poorly with AMA “cookbook” on causation

$
0
0
DON”T GET ON THE AMA CAUSATION GUIDES SHIP!!! My friends and colleagues on the WILG listserv were discussing the AMA Guides to the Evaluation of Disease and Injury Causation, 2nd edition. The consensus was that the new guidebook treats injured workers, to quote the President, very unfairly. Lawyers in Illinois and Montana have encountered the AMA Causation Guide. I encountered the causation guide in Nebraska this spring/summer in Tapee v. Nestle (available on NWCC Decision and Order Search by clicking here). My experience was that the trial judge was not impressed by the opinions of an examining expert who relied generalizations from studies rather than looking at the particulars of my client’s injury. A colleague in Montana seemed to have a similar experience.  Another weakness of the AMA Causation Guides is that doesn’t address the fact that states have different standards for medical causation. For example, even if it’s true that occupational…

Twitter

$
0
0
Today’s post was shared by US Dept. of Labor and comes from mobile.twitter.com Get out of box churches now, gather people to pray in you home like in Acts 12 to cast Satan out of everything government does and force them to do Jesus’ best. Do that well and you will ascend to heaven in Rev. 12:5-`12 in pre-Tribulation rapture, having no need for Paul at all. [Click here to see the original post] The post Twitter appeared first on Iowa Workers' Compensation Law.

Recovering From Injury – “Is Heroism the Standard?” Redux

$
0
0
Judge David B. Torrey Today’s post comes from guest author Thomas Domer, from The Domer Law Firm. Boy, does this ring true. – KC My friend and colleague, Professor and Judge David Torrey, with whom I serve on the Board of the College of Workers’ Compensation Lawyers, recently posted this blog in response to an insurance industry speaker’s exhortation that injured workers should “ get off their asses” and get better. Here’s his moving response: Many in the workers’ compensation community complain that seriously injured workers can develop a disability lifestyle, become dependent on drugs, and unreasonably extend their disabilities. Instead of falling into such a lifestyle, these critics argue, disabled workers should show “resilience.” This rhetoric, which I have written about before on this blog, has its genesis in progressive medical/rehabilitation thinking, Muscular Christianity (I think), and, realistically,…

Why Hospitals Charge Patients More In Automobile Injury Cases

$
0
0
A recent article in an insurance industry periodical asks why hospitals charge auto insurers more than health insurers. The article then concludes hospitals use their market power against commercial insurers. Hospital charges are unfair. Hospitals regularly take advantage of people following automobile accidents. However, the insurance article asks the wrong question and reaches the wrong conclusion. What is the correct question? The article should ask “why do patients with auto insurance claims pay more.” The real focus should be on the actual patients. After all, the patients ultimately bear the real cost of health care. And, patients seeking treatment following an automobile accident often pay more. The injured patient loses in two different ways. First, the patient probably paid health insurance premiums with the expectation of health coverage. Yet, their health insurance goes unused following a car accident or other personal injury. Second, the inflated medical…

Do You Suffer from the Medical Condition of PTSD?

$
0
0
You may have heard the term PTSD in reference to a veteran. But can people who are not veterans suffer from the medical condition of PTSD as well? PTSD, or post-traumatic stress disorder, is a condition that can occur after witnessing a traumatic or shocking event. This event may cause you to be fearful for your life or the lives of others. Most people have heard this term as it refers to veterans, but this condition can affect anyone suffering from a traumatic experience. The symptoms of this condition, as with other medical conditions, can range from mild to severe. IF you are suffering from severe symptoms of PTSD, you are likely not able to work and thus should apply for disability benefits. Symptoms of PTSD may cause significant barriers to social or work situations. There are four groups of symptoms for the medical condition of PTSD. The first group is intrusive memories. These symptoms may include recurrent memories of the traumatic event; nightmares or flashbacks. The…

Crawford Offers Streamlined Ergonomic and Return to Work Efforts with Innovative Software

$
0
0
TORONTO, Oct. 9, 2018 /CNW/ – Crawford & Company (Canada) Inc. today announces the integration of Crawford EmployerWORKS software with its human risk service line. Crawford EmployerWORKS is an innovative software platform powered by MyAbilities. It was designed to streamline and standardize the collection, communication, and analysis of physical, cognitive and psychosocial demands tied to risk assessment and return to work efforts. As a tool for the adjudicators, case managers and workers’ compensation consultants of Crawford’s Human Risk division, Crawford EmployerWORKS further empowers our professionals to effectively and efficiently handle disability claims by ensuring a prompt and successful return to work and implementing proper measures to prevent workplace injuries.     “Specializing in occupational (workers’ compensation) and non-occupational (leave and disability) claims from a claim and case management…

Update on Proposed Changes to Pennsylvania White-Collar Overtime Exemptions

$
0
0
We have been tracking the status of the proposed changes to the white-collar overtime exemptions in the Pennsylvania Minimum Wage Act (PMWA) regulations. In January 2018, Governor Wolf announced that the Pennsylvania Department of Labor and Industry (DLI) would be proposing new regulations to amend the PMWA regulations that govern its overtime and minimum wage exemption requirements for executive, administrative, and professional salaried employees. DLI submitted a proposed rulemaking in June 2018 for new regulations. As we outlined in a prior blog post, the DLI’s proposed regulations included both big increases to the minimum salary requirements and changes to the duties tests for the PMWA’s white-collar overtime exemptions. After their publication on June 23, 2018, DLI accepted written public comments on the proposed regulations through August 22, 2018. Not surprisingly, public comments on the proposed regulations were mixed, with employer groups being sharply…

Domestic Violence Risk Assessments: What You Need to Know

$
0
0
Did you know? Just about a year ago, the State of New Jersey came out with a new directive to all law enforcement executives.  In finding that domestic violence risk assessments are critical, the Attorney General’s office set up a scoring system. The tool is essential in evaluating situations – and may prove useful in determining mandates for restraining orders. The ODARA Scoring Form actually claims roots outside of New Jersey and even the United States. ODARA stands for Ontario Domestic Violence Risk Assessment and was originally developed in 1999 to measure the dangers men posed to their female partners in domestic violence situations. Other states also use a version of this tool as a means of evaluating terse circumstances involving individuals needing protection against future acts of domestic violence. The police are only required to complete an ODARA Scoring Form in select circumstances. This means pulling together information after the most recent…

What to Do After a Minor Car Accident in Arkansas

$
0
0
If you were involved in a car accident, you should seek medical aid and legal assistance if you faced injuries. It doesn’t matter if you consider the crash to be “minor” or if there was little damages to the cars; even minor car accidents can cause injuries. Things like whiplash and back injuries are common, […] The post What to Do After a Minor Car Accident in Arkansas appeared first on Ken Kieklak, Attorney at Law.

Slip and Fall Injuries on the Job – What Injured Workers Need to Know

$
0
0
Slips, trips, and falls are some of the leading causes of injuries in the workplace. In fact, statistics indicate that they are the leading cause of workers’ compensation claims, and they represent the primary reason for missed days at work. So what can you do if you are injured on the job after a slip, trip, or fall? The following information explains, and it provides important details on how a seasoned workers’ compensation lawyer can help improve your chances of receiving a full and fair payout on your work injury claim.  Workplace Slip and Fall Injury Statistics Some workers are able to return to work shortly after their injury, but around 22 percent of all workers injured by a slip, trip, or fall end up missing at least 30 days or work. During that time, their household bills may go unpaid, and they may struggle to support their families. For an estimated 600 families, the effect of a workplace slip, trip, or fall is permanent, as their loved one ends up…

How Is Fault Determined in Head-On Car Accidents in Arkansas?

$
0
0
Drivers who sustain severe or life-threatening injuries may face intense pain and suffering after a car crash. The situation gets more complicated as medical bills keep piling up and you can’t return to work. However, there are ways you can receive compensation for your medical expenses, lost wages, pain, and suffering. You may be able […] The post How Is Fault Determined in Head-On Car Accidents in Arkansas? appeared first on Ken Kieklak, Attorney at Law.

Expanding Liberty to Privatize Dependency: How the Evolution of Marriage Has Shaped Constitutional Law

$
0
0
Susan Frelich Appleton, Obergefell’s Liberties: All in the Family, 77 Ohio St. L.J. 919 (2016), available at SSRN. Clifford Rosky The Supreme Court’s ruling in Obergefell v. Hodges1 was a watershed moment not only in the history of the LGBT movement, but also in the relationship between family law and constitutional law. In the two years since it was decided, the ruling has become the subject of insightful commentaries from many of the legal academy’s leading scholars. This jot highlights one such article by Susan Frelich Appleton that merits special attention from scholars working in the fields of family law and constitutional law. Appleton’s article makes two significant contributions to our understanding of the relationship between family law and constitutional law. Continue reading "Expanding Liberty to Privatize Dependency: How the Evolution of Marriage Has Shaped Constitutional Law"The post Expanding Liberty to Privatize…

NJ Moves Forward to Increase Supplemental Benefits for Injured Workers

$
0
0
The NJ Senate is advancing legislation (S.1967) to increase supplemental benefits to certain injured workers receiving workers' compensation. SBA 10/15/2018 - r/Sca - Yes {8} No {0} Not Voting {0} Abstains {5} - Roll CallThis bill provides, from July 1, 2019 forward, an annual cost of living adjustment (COLA) in the weekly workers' compensation benefit rate for any worker who has become totally and permanently disabled from a workplace injury at any time after December 31, 1979 and for the surviving dependents of any worker who died from a workplace injury after December 31, 1979. This adjustment is intended to mirror, to the extent possible, the COLA already in place for benefits arising from an injury occurring before 1980.Senator Stephen M. Sweeney(D)NJ Senate PresidentThe bill provides for the COLA to be an amount such that, when added to the workers' compensation weekly benefit rate initially awarded, the sum will bear the same percentage…

Why Are Ohio Employers Paying A Greater Share Of Indemnity Compensation Than The Rest Of The County?

$
0
0
According to a study just published by the National Academy of Social Insurance, when compared to the rest of the country, indemnity compensation makes up a much greater proportion of Ohio workers’ compensation claims in relationship to medical benefits paid.  In 2016, Ohio cash benefits accounted for 61 percent of workers’ compensation benefits paid, while medical benefits accounted for only 39 percent.  Nationwide, medical benefits and cash benefits accounted for approximately equal shares of total benefits paid during the same period. The good news for Ohio employers is that workers’ compensation costs dropped dramatically in Ohio compared to the rest of the country.  Workers’ compensation costs to employers as a share of covered payroll declined 13.8 percent in 2016.  Altogether, workers’ compensation costs to Ohio employers fell 29.9 percent from 2014 to 2016, the largest two-year decrease in the U.S.  Here’s the…

5 Questions to Investigate the Mechanism of Injury

$
0
0
Members of the claims management team are required to conduct diligent investigations into workers’ compensation matters, investigate the mechanism of injury, and address issues of compensability.  This is a task that requires them to determine if the information they receive fits the type of injury claimed.  This includes not only injuries involving a specific incident, but also claims that culminated over a period of time.  Failure to properly accomplish this task can result in protracted management of a claim and added costs to any workers’ compensation program.     The Anatomy of a Work Comp Injury   There are essentially two types of injuries employees sustain in the workplace.  Each type of injury is unique in how they occur and the evidence one examines when deciding matters of primary liability.   Specific Incident/Sudden Onset: This type of injury is often easy to identify as it encompasses a specific injury that is…

Personal Injury Risks of Riding in a Limousine

$
0
0
Twenty people died as a result of a recent stretch limousine accident in New York, highlighting the potential dangers of these vehicles. Renting a limousine seems like a practical and responsible action for a large group of people going out for an evening of fun that may involve alcohol. In the case of the New York accident, 17 friends were heading for a birthday party at a brewery. Stretch limousines do not follow the same safety regulations as normal vehicles. As a result, passengers can be at greater risk of suffering injuries during a crash. Design Major car manufacturers do not produce the stretch limousines that you see on the road. Limousines are normal vehicles that have been extended by cutting the vehicle in half and adding a longer middle section. The smaller company that made the limousine may have removed some of the safety features that the vehicle needed to pass federal safety standards, such as: Side-impact airbags; Reinforced rollover bars; and …

Court Considers Whether Construction Loaders Are “Dangerous Instrumentalities”

$
0
0
Earlier this month, a state appellate court issued an opinion in a personal injury case brought by a man whose finger was severed while working with a construction loader. The lawsuit was filed against the company that leased the loader to his employer and required the court to determine whether a construction loader is a dangerous instrumentality. Ultimately, the court concluded that the defendant lessor could be liable under that state’s vicarious liability laws because the loader was a dangerous instrumentality. If you have sustained an accident on a construction site, contact a Maryland construction accident attorney. The Facts of the Case According to the court’s opinion, the plaintiff was contracted to help clear a vacant lot of debris. The lot’s owner leased a construction loader from the defendant equipment company to assist the plaintiff and his team by clearing the lot. Evidently, at one point the plaintiff climbed inside the loader to pack down…
Viewing all 38551 articles
Browse latest View live




Latest Images