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Malloy, Etzler & Lawhead, P.C.

Medical and drug costs, rising wages pose comp challenges in 2020

By | Workers' Compensation | No Comments

Uncertainties on rising medical and indemnity costs, along with the continuing opioid crisis are among some of the top concerns of workers compensation experts going into 2020. With rising wages, increasing medical facility fees and new and expensive changes in medical care and pharmaceuticals, many in the industry are concerned about how costs may affect comp in the coming years….

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Procedure performed under Heartland Women’s Healthcare leads to lawsuit for alleged injuries

By | Personal Injury | No Comments

Heartland Women’s Healthcare is at the center of a lawsuit following a procedure that allegedly led to a woman’s injuries. Amy and Nicholas Giacomo filed suit Dec. 16 in St. Clair County Circuit Court against the Heartland Women’s Healthcare and Dr. Debra Carson. The lawsuit names Dr. Joel Kwan Barrientos and Dr. Jeffrey Larson as respondents in discovery after they…

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Shipyard worker Marty Byrd sues under federal law following workplace accident

By | Personal Injury | No Comments

A worker injured following an accident on a tug on the Mississippi River has filed suit against his employer under federal maritime statutes. Marty Byrd filed suit Dec. 31 against National Repair and Maintenance, which repairs barges and towboats, following the accident in February last year at the shipyard in Hartford. Byrd states in the complaint that he was struck…

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Customer sues McDonald’s over alleged slip and fall

By | Personal Injury | No Comments

A woman is suing McDonald’s after she allegedly slipped and fell on liquid left on the floor while dining at the restaurant. Manuela Stayton filed the lawsuit on Dec. 17 in St. Clair County Circuit Court against the McDonalds Corporation, Garjo Inc., Garjo Properties LLC and individual defendants Gary L. Peck and Joyce Peck for an alleged incident that took…

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Cook Medical wins new trial in product lawsuit after judge admits he erred

By | Personal Injury | No Comments

A federal judge has vacated a $3 million jury award against Cook Medical, saying a Georgia woman who sued the Bloomington-based device maker “did not have overwhelming evidence” to show the company’s implanted blood-clot filter was defective or caused her injuries. U.S. District Judge Richard L. Young in Indianapolis handed down his decision Monday and ordered a new trial in…

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Legislation would increase comp benefits

By | Workers' Compensation | No Comments

Legislation introduced Monday in Indiana proposes to increase benefits for injuries and disablements by 2% each year over a three-year period. S.B. 202, sponsored by Sen. Karen Tallian, D-Portage, would increase the benefits paid for each degree of permanent impairment and raise the average weekly wages for computing temporary total, partial and permanent disability maximum from $1,170 per week to…

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Lawmakers consider bill to enhance firefighter training

By | Workers' Compensation | No Comments

Lawmakers in Indiana are considering a bill that would require the board of firefighting personnel standards and education to establish best practices to improve safety and health for firefighters. S.B. 258, slated for a Friday introduction in the state Senate, would also allow the workers compensation rating bureau of Indiana to provide a premium or rate discount toward workers compensation…

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Driver for Marathon Transport, Lartex Trucking sued following fatal I-55 accident

By | Personal Injury | No Comments

The death of a girl following an accident involving an articulated truck is at the center of a lawsuit involving two of her grandparents. Melissa Ashley, the paternal grandparent and legal guardian of Emma Mae Wilson, filed a lawsuit Dec. 12 in St. Clair County Circuit Court for wrongful death against Janette Kirby, Marathon Transport, Inc. and Lartex Trucking, LLC…

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Biometric Suit Not Preempted by Workers’ Compensation Statute

By | Workers' Compensation | No Comments

An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his fingerprints through a timekeeping system without providing consent to do so. Under BIPA, companies, including employers, are required to provide notice and consent to employees prior to the collection of…

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