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Latest news on personal injury and workers’ compensation.

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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Former employee wins $225,000 over retaliation for filing workers’ compensation claim

A multi-national medical device manufacturer must pay $225,000 after a federal court jury found an employee was sacked after applying for workers’ compensation. Jurors in the court of Senior District Judge Phil Gilbert awarded the money as it found plaintiff Dathan Brooks was discharged in retaliation for the claim, but also decided the action was not wilful or wanton, that…

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Trucking firm, insurance company accused of conspiracy to classify workers as contractors

A trucking company and its insurance provider stand accused of conspiring to prevent its drivers from filing workers’ compensation claims to avoid scrutiny and the potential of them being classified as employees. In an action filed in Madison County Circuit Court, a former driver claims he and others were misclassified as independent contractors, which resulted in them losing workers’ compensation…

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Increase in PTSD claims presents diagnosis challenge

As more employees file workers compensation claims for post-traumatic stress disorder following shootings and other violent incidents, medical experts warn the condition can be diagnosed prematurely following an event or misdiagnosed altogether. It can be tough even for specialist to distinguish between conditions, experts say. Some employees witnessing an event can recover from the trauma without treatment, others may not…

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Indemnity, lost time greater for older workers: WCRI

Average medical and indemnity payments in workers comp claims increase with age, a study from the Workers Compensation Research Institute revealed Thursday. The Cambridge, Massachusetts-based research group studied how age impacts claim costs, cost components and worker outcomes in its latest FlashReport. The study found little difference in injury rates and outcomes for workers regardless of their age. Injury rates…

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Man sues maker of liquid food over father’s injuries, death, claiming maggots or other contaminant in product

A man is suing Abbott Laboratories for injuries his father suffered before his death. Cedric C. Jones filed the lawsuit against Abbott Laboratories Inc. and Lincare Inc. on behalf of his father, Chester L. Jones Sr., who died in November, according to a complaint filed Nov. 26 in St. Clair County Circuit Court. Cedric Jones claims ethat when his father…

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House approves comp coverage for alien workers

The House of Representatives Wednesday passed a bill that would rewrite immigration requirements for immigrant farmworkers in the United States and require employers to provide workers compensation regardless of state laws. H.R. 5038, known as the Farm Workforce Modernization Act of 2019, contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker status and changing a certain…

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