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Schools to pays $432,000 for workers comp claims related to renovation 

Published: May 8, 2012

Tags: Michigan, workers' compensation

Portage Public Schools has agreed to pay $432,000 to settle workers’ compensation claims involving four teachers who said they were disabled by fumes and vapors during the renovation of Portage Northern High School.

Workers’ comp claimants can sue under RICO 

Published: April 16, 2012

Tags: McCarran-Ferguson Act, preemption, Racketeer Influenced and Corrupt Organizations Act, RICO, workers' compensation

Employees could pursue a RICO lawsuit against their employer for wrongfully denying their claims for workers’ compensation benefits, the 6th Circuit has ruled in reversing a dismissal.

WORKERS’ COMPENSATION 

Published: March 20, 2012

Tags: workers' compensation

The maximum workers’ compensation benefits available to a longshoreman must be based on the national average weekly wage for the fiscal year in which he became disabled.

See “Longshore Act maximum rate set at date of disability”

U.S. Supreme Court.
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Longshore Act maximum rate set at date of disability 

Published: March 20, 2012

Tags: Longshore and Harbor Workers' Compensation Act, Supreme Court, workers' compensation

The maximum workers’ compensation benefits available to a longshoreman must be based on the national average weekly wage for the fiscal year in which he became disabled, the U.S. Supreme Court has ruled.

Medicare set-aside account divisible in divorce 

Published: March 16, 2012

Tags: divorce, Medicare, workers' compensation

A wife in a divorce was entitled to a percentage of the husband’s workers’ compensation settlement that was placed in a Medicare set-aside account, the Illinois Appellate Court has ruled in affirming a $12,250 award.

Truck driver who skipped rest break can’t get comp 

Published: February 23, 2012

Tags: rest breaks, workers' compensation

A truck driver who violated his employer’s rules requiring rest breaks was not entitled to workers’ compensation benefits for injuries suffered after he allegedly fell asleep at the wheel, the Tennessee Supreme Court has ruled in affirming judgment.

Legal malpractice claim abated upon client’s death 

Published: January 20, 2012

Tags: estate planning, legal malpractice, workers' compensation

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 

By: Kimberly Atkins
Published: January 12, 2012

Tags: Supreme Court, workers' compensation

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 

Published: December 21, 2011

Tags: uninsured motorist benefits, workers' compensation

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 

Published: December 13, 2011

Tags: workers' compensation

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.