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Legal malpractice claim abated upon client’s death (access required)

Published: January 20, 2012

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The estate of a client could not proceed with a legal malpractice lawsuit commenced by the client before her death, the Idaho Supreme Court has ruled in reversing judgment.

In workers’ comp case, a question of time (access required)

By: Kimberly Atkins
Published: January 12, 2012

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WASHINGTON – In a decision that could impact injury benefits under a number of statutes that base calculations on the national average weekly wage, the justices of the U.S. Supreme Court considered just when injured claimants are entitled to compensation under the Longshore and Harbor Worker’ Compensation Act – the date a disabled worker was injured or the date when the worker receives an award of disability payments.

Self-insured employer may be liable for UM benefits (access required)

Published: December 21, 2011

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Workers’ compensation exclusivity does not bar a self-insured employer’s liability for uninsured motorist benefits claimed by an employee injured in an automobile accident, New York’s highest court has ruled in affirming judgment.

Workers’ comp can’t be denied based on false job application (access required)

Published: December 13, 2011

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An employee could not be denied workers’ compensation for having misrepresented her history of work-related injuries on her job application, the Nebraska Supreme Court has ruled in reversing judgment.

Federal employee can’t deduct litigation costs (access required)

Published: November 21, 2011

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A federal employee who obtained a personal injury settlement could not deduct his litigation costs from the refund of benefits required under the Federal Employee Compensation Act, the 9th Circuit has ruled in affirming judgment.

ERISA plan can offset workers’ comp payments (access required)

Published: September 8, 2011

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An ERISA plan could offset past workers’ compensation payments in determining when an employee would be eligible for pension benefits, the 7th Circuit has ruled in reversing judgment.

Worker may get comp for fall at home (access required)

Published: June 29, 2011

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A retail store employee may get workers’ compensation benefits for injuries sustained in a fall at home, the Oregon Court of Appeals has ruled in reversing judgment.

Loss of eye lens doesn’t entitle employee to workers’ comp (access required)

Published: June 10, 2011

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The surgical removal of the lens of an employee’s eye in the course of treatment for a workplace injury does not entitle him to workers’ compensation for a total loss of sight, the Ohio Supreme Court has ruled.

Jury awards $1.6 million in defective product case (access required)

Published: May 31, 2011

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A Wilson County, Pa. jury has awarded $1.6 million in damages to Samuel C. Rollings as compensation for an injury he suffered while at work at the Fredonia Cooperative Association, Inc. in Fredonia, Kansas.

N.C. lawmakers tackle comp, continue debate on tort reform (access required)

Published: April 12, 2011

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Lawmakers in North Carolina last week continued to consider sweeping changes in the state’s tort system and got their first look at a bill that would overhaul workers’ compensation.

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