Latest news on personal injury and workers’ compensation.

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

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

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

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

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

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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COA reverses for insurance company, against quadriplegic man

An Indiana Court of Appeals panel has reversed the grant of a quadriplegic man’s motion to dismiss a declaratory judgment action after it found he was not entitled to bodily injury liability coverage under his insurance policy. In February 2016, co-workers Gregory Smith and Nolan Clayton were intoxicated after drinking at an Indianapolis Stacked Pickle bar, and the bar called…

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Man injured in fireworks blast loses appeal for worker’s comp benefits

A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched. In 2015, Andrew Hall was working for a Habitat for Humanity of Grant County thrift store when he and a coworker, Alonzo Hill, were sent to retrieve items…

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IL Supreme Court: Federal law doesn’t block railroad from suing employees it blames for causing train accident

A railroad company can sue employees who it blames for causing railroad accidents, even after those employees first sue the railroad for injuries they suffered in the accident the railroad says they caused, the Illinois Supreme Court has ruled. In a 5-2 ruling, the court overturned an appellate court decision on the question, and sent the case back to Cook…

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