It seems every week local news media report new allegations of sexual harassment and assault on college campuses. As we all know, college campuses are not the only place these issues arise. In addition, the EEOC recently reported a $20,000 settlement in the sexual harassment case of EEOC v. Hot Wheel City case. These reports…
Asbestosis (or any other occupational disease) does not need to be the only cause of an injured worker’s death in order for a death claim to be compensable.
In Bowden v. Young, the North Carolina Court of Appeals addresses alleged intentional torts in workers’ compensation clams
Spurlock v. Beacon Lloyds Insurance Company, __ S.W.3d __, 2015 WL 581682 (Tex. App. January 29, 2015) Plaintiff filed numerous claims against Defendants arising out of a homeowner’s insurance policy. The Defendants included Beacon Lloyds Insurance Company (hereinafter “Defendant-Insurer”) and Grantham-Adkins Insurance Agency (hereinafter “Defendant-Agency”). J.O. Spurlock was the only named insured under the policy…
Risk Managers should know that although “medical compensation” is broadly interpreted in North Carolina, the service requested still must effect a cure, provide relief or lessen the period of the injured worker’s disability.
Medicare isn’t the only entity who can sue you for conditional payments – plaintiffs can too!
Daniel Hayes and Tracey Jones presented at the NAMSAP Regional Meeting held in Orlando on January 29, 2015. Their panel discussion, “Protecting the Client,” covered best practices from both the plaintiff and defense perspectives for tackling Medicare Secondary Payer issues in liability and workers’ compensation claims. For information on Daniel and Tracey’s Medicare Set Aside…
In the public records case of Cline v. Hoke, Plaintiff brought an action against Defendant, assistant director of the Administrative Office of the Courts, in his official and individual capacity, seeking to obtain certain emails pursuant to North Carolina’s public records law. N.C.G.S. § 132-6(a) requires that a custodian of public records provide the public…
Keith Tedder was hired as a temporary delivery driver for A&K Enterprises to fill in for a permanent employee who was scheduled to be out of work for seven weeks. Tedder was paid $625 per week. Tedder had an unrelated back injury from 2004 and was assigned permanent, medium-duty restrictions in 2006 as a result.…
Refik Ademovic worked as a cab driver for Taxi USA. Ademovic owned his own taxi, kept all of the fares he earned, did not receive a salary, paid a monthly franchise fee, set his own schedule, and was free to decline incoming calls from Taxi USA in order to pursue other driving opportunities. On August…