The Minnesota workers compensation bar (the lawyers who regularly practice workers compensation law) is a very small group made up of a few dozen lawyers. However, there are many more lawyers who handle other types of cases including family law, immigration, bankruptcy and criminal law who occasionally handle a Minnesota workers compensation case. You may wonder how they can possibly keep up with the ever changing laws in order to properly represent their client. The answer is they don't and they can't.The DabblerFor over 25 years I've practiced exclusively in workers compensation. Many years ago, I also represented insurance companies and employers; I don't anymore. I would often come across these "dabbler" lawyers as I called them who would actually ask me to teach them how to handle a work comp case. In other words, an injured worker's lawyer asked the defense lawyer how to do best represent their…
Do NOT Hire A Minnesota Work Comp Lawyer Who Is A Poser or Dabbles In The Law
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Identity Theft: 5 Ways to Protect Yourself
The 2017 Experian credit leak was a sobering reminder that your personal information could be taken and used by strangers to rack up bills and destroy your credit. To protect yourself from identity ... This article Identity Theft: 5 Ways to Protect Yourself first appeared on RSH Legal
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Work Injury Benefits and Payments in the State of Georgia
If you have been injured on the job in Georgia and filed for workers’ compensation benefits, you probably know that you will be receiving a weekly check. However, you likely have many other questions about the process, the amount of the payment, and are the workers’ comp benefits taxed? You’ll be especially curious if you have never had a workplace injury before. Here are some of the most commonly asked questions and accompanying answers. (pixabay / alejandroavilacortez) How much will my wage benefit be under workers’ compensation? If you have been injured, your physician will determine if you have a partial or total disability. This is done through the restrictions he assigns. If the doctor states you cannot work at all then you should be entitled to temporary total disability benefits. If he states you can return to work with certain restrictions, then you may be eligible for temporary partial disability benefits.…
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Status-Conduct, Old and New
Deborah A. Widiss, Intimate Liberties and Antidiscrimination Law, 97 B.U. L. Rev. 2083 (2017). Douglas NeJaime The slippery relationship between status and conduct has preoccupied scholars, activists, and courts for many years.1 At various points, state and private actors have avoided claims of unlawful discrimination by disaggregating status from conduct—claiming that they have singled out individuals for unfavorable treatment based not on protected identity but rather on objectionable and unprotected acts. In Intimate Liberties and Antidiscrimination Law, Deborah Widiss uncovers the extensive reach of this status-conduct argument, persuasively urges actors in the legal system to abandon it, and elaborates the implications of that abandonment for current conflicts over the scope of antidiscrimination law. Perhaps nowhere has the status-conduct distinction been more prominent than in the realm of sexual orientation. In Bowers v. Hardwick, the 1986 decision…
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Judicial Limitations in Workers’ Compensation Cases
Frequently a workers’ compensation hearing officer divides a litigated matter into two phases, compensability and damages so litigation can be conducted in a more efficient manner. The procedure is designated as bifurcation and the limitations imposed by the procedure must have carefully adhered to while the adjudicating the claim.A New Jersey appellate court recently ruled, in an unpublished opinion[1], that a judge of compensation committed reversible error by exceeding the constraints of the bifurcation process. The hearing officer decided the compensability of a denied accident and then went further by awarding damages by way of granting an award for the temporary disability.An injured worker claimed that he suffered an accident during his employment because of carrying a heavy package at the employer’s place of business. The accident was reported by “text message” and voice message” after he had left the place of employment and returned home.…
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WCRI’s Annual Conference: The Curtain’s About To Rise
This week will see most of the nation’s workers’ compensation cognescenti at the Workers’ Compensation Research Institute’s annual conference in beautiful downtown Brahmin Boston, the home of the bean and the cod, where the Lowells speak only to Cabots, and the Cabots speak only to God. This is WCRI’s 34th annual conference, and it sports an agenda […]
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Driving In Circles — Fewer Accidents, Fewer Injuries
It’s been almost 30 years since I was a Freshman at the University of South Alabama (USA). Driving on campus meant regularly using the large roundabout that connected my dorm to the academic buildings. For most students at USA (back then), this was the first roundabout ever seen. The design was largely unknown in Alabama. Since then, the concept has grown in use due to traffic and safety issues. Now, I regularly drive the roundabout in downtown Huntsville near the civic center. Yet, you still see some drivers hesitate as they approach — uncertain as to a road design unfamiliar to them. After watching an uncertain driver at that roundabout yesterday, I decided to write this post. Roundabouts are a frequent safety feature of roads in Europe. In the United States, they are less common. But, the number of roundabouts is increasing. Are roundabouts a safer alternative that reduces serious roadway injuries? Highway experts say, YES. While the focus of my blog is personal…
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DOL Fiduciary Rule struck down! What's next?
We now have a split in the circuits.
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NOAA’s New Marine Forecast Product Improves Weather Forecasts and Safety at Sea
By Tom Cuff, Director, NOAA’s Ocean Prediction Center NOAA’s Ocean Prediction Center (OPC) rolled out a new forecast product suite this week to provide mariners with comprehensive weather forecasts every 24 hours out to day four. Our goal is to deliver the very best impact-based decision support services and products possible to our users. These 72 hour surface weather and wind/wave forecast charts, and model generated 500 mb charts, will allow mariners to better prepare for severe weather at sea. Complementing OPC’s 24, 48, and 96 hour products, the new 72 hour forecast charts fill a gap to ensure an even more robust forecast timeline, while identifying areas of maritime weather hazards. Elements include: Winds and waves Surface fronts and isobars High and low pressure systems 500 millibar heights Wave period and direction In order to implement these new charts, OPC reviewed existing products and services to ensure quality, consistency, and…
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Statement by U.S. Secretary of Labor Acosta on January Jobs Report
Today’s post was shared by US Dept. of Labor and comes from www.dol.gov WASHINGTON, DC – U.S. Secretary of Labor Alexander Acosta issued the following statement regarding the January 2018 Employment Situation report: “Our strong economy continues to grow, as 200,000 new jobs were added in January 2018. Since Election Day 2016, American job creators have added 2,553,000 new jobs. The unemployment rate remains at a 17-year low of 4.1%. Job growth in construction was strong in January, with 36,000 new jobs created. “January saw the third consecutive monthly rise in the wage growth rate, with a 2.9% 12-month increase in average hourly earnings. December 2017 wage growth rate was revised up to 2.7%; November 2017 was 2.5%. This may be the start of a welcome trend in wage gains, and marks the highest percentage increase in average hourly earnings since 2009. Average hourly earnings data excludes bonuses. “The reaction to the President’s landmark…
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Can Social Security be Garnished for Medical Bills in Arkansas?
Social Security Disability (SSD) payments are intended to help support injured Americans. These benefits are available in a couple different ways, but typically come in the form of monthly checks to cover your expenses. Receiving disability means that you still need to pay for any medical expenses billed to you instead of your healthcare provider or Medicare. If you are behind on your medical bills, it is important to understand whether your doctor’s billing services can begin to garnish your SSD checks. For help with a disability claim or for help understanding your benefits, contact Fayetteville, AR Social Security Disability lawyer Ken Kieklak today. When Can the Government Garnish Wages for Hospital Bills in Arkansas? The government is permitted to garnish wages in limited situations. For taxes, child support, defaulted student loans, and other court orders, the government can dip into any paychecks you receive and take out a portion of…
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WCRI Conference to Highlight Trends, Solutions to Opioid Dependence in WC
“We find extensive opioid prescribing leads to longer duration of temporary disability. When we compare the effect of longer-term opioid prescriptions with no opioid prescriptions, the effect is to triple the duration of temporary disability benefits.” That finding from the Workers Compensation Research Institute highlights the latest trends in the opioid epidemic as it relates to the workers’ compensation industry. It represents the first evidence of a causal relationship between long-term opioid use and disability duration. The authors will be on hand to delve into the research and the topic during WCRI’s Annual Issues and Research Conference in Boston this month. Latest Evidence The WCRI researchers looked at data from 28 states for low back pain injuries between 2008 and 2013 where workers had more than 7 days of lost work time. Additional findings were: Local prescribing patterns play a significant role in whether…
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Tips for Communicating with a Workers’ Compensation Adjuster in Savannah
You were hurt on the job and filed a workers’ compensation claim. After you file ... The post Tips for Communicating with a Workers’ Compensation Adjuster in Savannah appeared first on The Bader Law Firm.
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EARLY RETIREMENT INCLUDES A COMPLETE ESTATE PLAN
By Lane V. Erickson, Idaho Estate Planning Attorney It is the dream of almost every person who is an employee. All of us envision ourselves retiring early and enjoying our free time traveling, and doing those things that we don’t get to do while we are working. While this is a dream for most people, there are some people who do in fact retire early. Regardless of whether you are seeking early retirement or are simply thinking about your future, you should include a complete estate plan as part of your planning. Here are three specific things that you should know about estate planning can help you in your future regardless of whether you have or are about to retire early. Continue reading → The post EARLY RETIREMENT INCLUDES A COMPLETE ESTATE PLAN appeared first on Idaho Law Blog.
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The Laws That Protect Those from Self-Driving Cars
The future does not slow down for anyone and anything, especially when it comes to automobile and transportation technology. Self-driving vehicles are on the cusp of becoming a mainstay of our everyday lives. Currently, thirty-three states have passed legislation regarding these types of vehicles. New Jersey is not currently among them. However, a bill to pass laws involving these types of vehicles is currently in advanced talks. What happens if a self-driving vehicle gets into an accident and hurts the passengers inside, or worse, injures a pedestrian crossing the street? Unfortunately, the latter is the reality. Earlier today, March 19, one of Uber’s self-driving cars struck and killed a pedestrian crossing a crosswalk in Tempe, Arizona. The pedestrian was pronounced dead at a local hospital where she had been transported to. This is the first-known incident of a pedestrian dying as a result of a self-driving vehicle. Because of the incident, Uber indefinitely suspended…
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California Court Finds Parking Lot Owner Not Liable for Aggressive Driver’s Actions
Earlier this month, a state appellate court issued a written opinion in a California car accident case involving the aggressive actions of a third party and how they can affect a defendant’s liability. Ultimately, the court concluded that the unpredictable actions of a third party precluded a finding of liability, and it affirmed the dismissal of the plaintiff’s case. The Facts of the Case The plaintiff and his wife visited a taco truck that leased a parking lot from the defendant. When the plaintiff pulled into the parking lot, he noticed that it was very crowded and that there were no spaces to park. The plaintiff put the car in reverse and began to back out of the lot to find a parking spot elsewhere. However, as the plaintiff backed out, he collided with another vehicle. The driver of the vehicle got out of the car and was visibly angry with the plaintiff. Despite the plaintiff’s apology, the other driver refused to exchange vehicle information with the…
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THREE IDAHO ESTATE PLANNING HORROR STORIES
By Lane V. Erickson, Idaho Estate Planning Attorney As the saying goes those who do not learn from the past are doomed to repeat it. After nearly 20 years as an Idaho estate planning attorney I have seen many problems That have occurred due to the lack of planning or the failure to complete a plan. I called these Idaho estate planning horror stories. Without providing any names or dates, and by making these more generic here are three situations that I have seen and which have happened on a regular basis. 1. Creating an Invalid Will Continue reading → The post THREE IDAHO ESTATE PLANNING HORROR STORIES appeared first on Idaho Law Blog.
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Compensation for Pain and Suffering if it’s Negligence on Your Employer’s Part
You may be able to forego workers’ compensation benefits and sue your employer in a court of law for personal injury. If you own or operate a business or company in the state of Missouri, you are legally required to carry workers compensation insurance. Workers’ compensation is a type of coverage that helps an employer when an employee is injured while working under the scope and authority of their position within the organization. However, the disadvantage of workers’ compensation is that if you collect it, you aren’t entitled to anything besides economic damages. Unlike personal injury – where you are entitled to compensation for both non-economic and economic damages – workmens compensation is only available to cover things like medical bills and lost wages. You can’t recover for your pain and suffering or any emotional distress if you file a claim for workers’ compensation. If You Can Prove Your Employer was Negligent Another…
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THREE IDAHO ESTATE PLANNING SECRETS
By Lane V. Erickson, Idaho Estate Planning Attorney After nearly 20 years of experience in working as an Idaho estate planning attorney I have helped numerous clients complete their own Idaho estate plans. Additionally, I’ve guided many families, and close relatives through the probate process in Idaho after a loved one has passed away. Based on these experiences I’ve had an opportunity to learn and work with Idaho law closely. Here are three specific Idaho estate planning secrets that I have learned. 1. Probate in Idaho May Not Be Necessary Continue reading → The post THREE IDAHO ESTATE PLANNING SECRETS appeared first on Idaho Law Blog.
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Can I Get Workers Comp Benefits for PTSD?
You should expect an uphill battle when filing workers compensation benefits for PTSD. Workers’ compensation is mandatory for business owners to carry in the state of Missouri if they have any employees. Workers’ compensation is meant to protect both the employer and the employee if someone is injured while performing under the scope and authority of their work duties. Workers’ compensation is not guided by the theory of negligence. That means that a worker is entitled to workers’ compensation benefits even if they are solely responsible for their own injuries. If they can prove that they were injured while performing any work-related activities, then it does not matter who is to blame. The biggest disadvantage to workers’ compensation is that if you collect the benefits, although you are entitled to compensation for your economic damages compensation, you cannot collect non-economic damages. Economic vs. Non-Economic Damages Economic damages are…
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