Workers Compensation

Recent Posts in Workers Compensation Category

  • Turbulence injuries

    || 23-Jan-2012

    On Sunday night, on a flight from Brazil to Miami, three members of an American Airlines flight crew were injured. They were taken to Miami hospitals upon landing, but no additional information regarding their individual conditions was released. No one else on the flight that included roughly 140 passengers and a crew of 9 had reported any injuries. While this is sure to be a Worker's ...
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  • Worker's Comp reform creating layoffs

    || 8-Dec-2011

    In our current economy, times are hard. Individuals and companies alike have been on tighter budgets. This has led to layoffs, in many cases, which has put further financial stress on individuals and families. Recently, in Illinois, a staffing agency had to lay off approximately 500 people because of the increased costs of operating under the state's recently updated Worker's Compensation ...
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  • Surveillance videos are discoverable in workers comp cases

    || 1-Dec-2011

    Surveillance video held to be discoverable by use of a subpoena duces tecum pursuant to Rule 56.01 (b) (3) of the Rules of Civil Procedure. States x rel. David Feltz v. Bob Sight Ford, Inc., No. 72969 (Mo. App. W.D, May 31, 2011), Hardwick, C.J. A surveillance video tape taken of a claimant discoverable by use of a subpoena duces tecum if it is otherwise not a statement as defined in § ...
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  • Missouri law would extend worker's comp to occupational diseases; co-worker liability limited

    || 19-Nov-2011

    SB 8 passed the Missouri Senate. This bill would protect employees from being sued by a coworker for work place accidents and would require occupational diseases to be covered by workers' compensation. The companion House bill, HB 162 is in the Senate Judiciary Committee. SB 188 passed the Senate and has been referred to the House. It companion bill, HB 205, is in referral to the Senate ...
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  • Calculating Worker's compensation damages

    || 29-Oct-2011

    Damages (money) for injuries under Missouri general negligence cases are determined by the amount of medical bills incurred (past and future), lost wages (past and future), prescriptions, property damage, other expenses attributable to the injury, and finally, pain and suffering. Pain and suffering is that uncertain dollar amount that a jury may award you for the pain and suffering of having to go ...
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  • Risk of injury from outside work is irrelevant

    || 17-Oct-2011

    A recent Missouri case held that when the connection between an injury and a workplace activity is clear, the risk of injury during the injured worker's activities outside of work is irrelevant. Statutes provide that where relation between work and injury is clear, exposure to risk outside of employment is irrelevant. Evidence supports finding of no pre-existing permanent injury and award of ...
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  • Workers Comp Calculation of Damages

    || 6-Oct-2011

    In Missouri, the calculation of damages (money) for the same injury under general negligence law (i.e. injured in a car or truck accident ) as opposed to the calculation under Missouri workers compensation (i.e. work related injury) are very, very different. A common reaction from clients injured at work, is the disbelief that an injury, just because it occurs at work, can be worth less than that ...
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  • No Workers Comp Exclusion where Employer has no Insurance

    || 25-Sep-2011

    The Missouri Court of Appeals for the Western District, in Lewis v. Gilmore, finds: Nothing in the Workers' Compensation Act prohibits an employee or his dependents from recovering workers' compensation from one employer and tort damages from another employer who failed to secure workers' compensation insurances for its employees. In fact, the plain language of section 287.280.1 allows ...
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