Year: 2015

Tech’s Next Big Legal Clash Will Be Over Selling Insurance – Wired

WiredTech's Next Big Legal Clash Will Be Over Selling InsuranceWiredIn just two short years, it's faced opposition from insurance industry regulators in Washington, Texas, Wisconsin, and Utah. While Zenefits has come out on top in every case, founder and CEO Conrad Parker admits, “It's just a matter of time before we …and more »

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Illinois Supreme Court Appears Skeptical of Wrongful Death Claim Arising From Suicide

Earlier this month, the Illinois Supreme Court heard oral arguments in Turcios v. The DeBruler Company. Turcios poses a simple question: can a plaintiff state a claim for wrongful death arising from a suicide? Our detailed summary of the underlying…By: Sedgwick LLP

Disabilities

Back Pain Claims Can be Challenging, But Can be Won

Cases of back pain, especially involving lower back problems, are some of the most challenging to prove in a Social Security Disability claim. Unfortunately, “objective medical findings” such as x-rays may not fully support a patient’s experience of pain and limited movement. A case of disability based on low back problems is sometimes a clear one – such as a case of a ruptured disk, particularly when surgery has failed to improve the condition. A case may also fall into the category of “other vertebrogenic disorders,” in the words of the regulation. In either case, in order to win the case, a claimant’s records must show: 1. Pain, muscle spasm, and significant limitation of motion in spine, and 2. Appropriate pain distribution and significant motor …

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Alabama Legislature Abolishes Weeks Innovator Liability Theory

That didn’t take long. Yesterday the Alabama House of Representatives passed SB-80, which abolishes the innovator liability theory created in the execrable decision in Wyeth, Inc. v. Weeks, ___ So.3d___, 2014 WL 4055813 (Ala. Aug. 15, 2014)…By: Reed Smith

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Connecticut Supreme Court Likely To Affirm Personal Injury Coverage For Data Breach Requires Actual Publication To Third Parties

The Connecticut Supreme Court heard oral arguments Monday April 27th on an appeal testing the scope of coverage afforded for a business’s data loss or theft events under its Commercial General Liability insurance’s “Personal Injury” coverages….By: Cozen O’Connor

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Asbestos disease victim appeals for information from former workmates, 12th March 2015

A former worker at a ceramic insulation manufacturers, Morganite Thermal Ceramics, is launching an appeal to contact workmates to get in touch following his diagnosis of asbestos-related disease.

Why we need to raise awareness of invisible disabilities – Metro

MetroWhy we need to raise awareness of invisible disabilitiesMetroSarah told me 'I have suffered from eating disorders and from low self confidence in the past and that note could have really pushed me over the edge, that's why I feel so strongly and have raised awareness of it.' The People's Strictly Come Dancing …

Woman Wins $13M for Deadly Asbestos in Talcum Powder – Asbestos.com

Asbestos.comWoman Wins $13M for Deadly Asbestos in Talcum PowderAsbestos.comA California woman won a $13 million lawsuit against Colgate-Palmolive after a jury determined she developed mesothelioma from asbestos in the company's Cashmere Bouquet talcum powder. Judith Winkel, 73, told the court she used the popular scented …

Feds offer exit plan for Montana town’s asbestos cleanup – Chron.com

Chron.comFeds offer exit plan for Montana town's asbestos cleanupChron.comBILLINGS, Mont. (AP) — A long-delayed U.S. government cleanup plan for a Montana community where asbestos contamination has sickened thousands would leave the deadly material in the walls of houses, underground and elsewhere — stirring worries …US cleanup would leave some asbestos in contaminated townPhys.OrgFinal EPA plan would leave some asbestos in Montana townWMC Action News 5EPA plan for Montana asbestos town may leave some thereCBS NewsKLAS-TVall 323 news articles »

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RMT member secures significant compensation after crush injury at work, 8th April 2015

An engineer from Tiptree, Essex has been awarded significant compensation from his employer, Balfour Beatty, after he suffered a severe crush injury while working at an OTM maintenance depot in Colchester.

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Can I Get Worker’s Compensation For a Hernia?

You’re going through your work day, lifting boxes and doing other chores. Suddenly, you feel a pain in your side, and there’s a bulge in you abdomen or groin area. You may have a hernia. Can you get workers’ compensation for a hernia? Hernia A hernia is an injury that occurs when an organ or fatty tissue is pushed through a weak spot or a tear in surrounding muscle tissue. There are several common types of hernias: inguinal (inner groin), femoral (outer groin), umbilical (belly button), and hiatal (upper stomach). A hernia can occur when tissue weakness combines with pressure to push an organ through a tear or opening in the tissue. Hernias often occur after heavy lifting, persistent coughing or sneezing, diarrhea or constipation, or a …

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Disturbing Statistics Regarding Bicycle Fatalities

A recent report from the Governors Highway Safety Association points out some very disturbing statistics regarding fatal bicycle accidents. The GHSA represents state transportation safety agencies and this report, authored by Allan Williams, is a cause for concern among its member agencies. The most disturbing fact was the news that the number of US bicyclist killed in traffic accidents actually increased in 2011 and 2012. Fortunately, there is an overall decline in cycling fatalities stretching back into the 1970s. The report noted that 722 American cyclists died in motor vehicle crashes in 2012, an increase of 42 deaths over the 2011 statistics, and an increase of 101 over the 2010 reported cyclist deaths. This is an increase of 16{9c067c25ed205f086ce6001901eb13dfadc688a7aefab9f64e0c55b8c5a55872} over those two years, and during that same time period, motor vehicle deaths increased by 1{9c067c25ed205f086ce6001901eb13dfadc688a7aefab9f64e0c55b8c5a55872}. …