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Malloy, Etzler & Lawhead, P.C.

Contractor Failed to Obtain Comp Insurance on Worker Who Fell to His Death

By | Workers' Compensation | No Comments

The family of a construction worker in Chicago has filed a negligence lawsuit against a contractor after the worker fell two stories to his death last fall. The company, Destiny Builders, did not carry workers’ compensation insurance on its employees and did not provide safety harnesses and railings at a church construction project, according to the lawsuit by the family…

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New Indiana State Law Bans Use of Handheld Phone While Driving

By | Personal Injury | No Comments

Using a handheld cellphone while driving is now illegal on Indiana roads under a new state law that took effect this week. The move aimed at combating distracted driving went onto the books on July 1 after being approved by the state Legislature this year. Indiana is joining more than 20 other states in prohibiting drivers from holding or using…

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Workers comp could see 20% drop in new injury claims: Survey

By | Workers' Compensation | No Comments

The workers compensation system could see a 20% decrease in new injury claims this year due to the coronavirus pandemic, according to a survey released Monday by Skaneateles, New York-based Health Strategy Associates LLC. In late May, the consultancy asked 35 workers compensation professionals representing large state funds and insurers, third-party administrators, and large self-insured and self-administered employers about their…

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Insurer not required to pay any of judgment against recycler

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In a ruling that follows more than 10 years of litigation between a wood recycling plant and its neighbors, a federal appeals court affirmed a lower court and held an insurer is not obligated to provide coverage to the plant’s owner because of policy exclusions. Neighbors in Elkhart, Indiana, had charged that VIM Recycling Inc.’s waste disposal practices exposed them…

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Comp premiums unlikely to recover before 2023: Deloitte

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Workers compensation insurance premiums could drop by nearly 20% in the second quarter of 2020 and are unlikely to recover before 2023, according to a report released Thursday by the Deloitte Center for Financial Services. With the number of workers laid off or furloughed due to the COVID-19 pandemic, workers comp premiums — which are driven by payroll — will…

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Overexertion, falls remain top workplace injuries

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Overexertion, falls and struck-by hazards are among the costliest workplace injuries, according to Liberty Mutual Holding Co. Inc.’s 2020 workplace safety index released Tuesday. Overexertion and falls from the same level have consistently been the top two causes of injuries, said the Boston-based insurer. And while the overall number of serious workplace injuries has decreased over the past 20 years,…

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Appeals court puts Indiana Grand horseman’s negligence case out to pasture

By | Personal Injury | No Comments

A horseman who claims he was injured after another rider’s horse got loose during training exercises at Indiana Grand Racing & Casino didn’t win, place or show Friday at the Indiana Court of Appeals. The Shelby Superior Court had already granted summary judgment in favor of Indiana Grand defendants and partial summary judgment to Michael and Penny Lauer and Michael…

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Patient allegedly developed abscess following tooth extraction

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A dental patient claims she suffered permanent disfigurement after developing an abscess from a double tooth extraction. Paige Osborne filed the complaint on June 12 in the U.S. District Court for the Southern District of Illinois against the U.S. According to the complaint, Osborne claims that on July 28, 2017, she visited the Maple Street Clinic in Gillespie, which is…

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COVID comp cover ‘manageable’ for industry: A.M. Best

By | Uncategorized | No Comments

Legislative changes allowing workers compensation coverage due to COVID-19 will result in an increase in loss estimates and a potential earnings hit for the insurance companies, according an analysis released Thursday by A.M. Best. A number of U.S. states have begun the process of enacting legislation or have issued executive orders on workers compensation coverage for essential employees, an expansion…

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