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Etzler Lawhead Legal Group, PC

Appeals panel revives woman’s lawsuit vs Kmart over Black Friday trip, fall over empty basket

By Personal Injury No Comments

A state appeals court has revived a woman’s lawsuit against Kmart, saying the retailer can be sued because the judge could not clearly discount the woman’s account of how she came to trip over an empty shopping basket in her path on the floor of a Rockford store on Black Friday 2013. The Illinois Second District Appellate Court ruled Aug….

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Attorney General Candidates Air Views on Work Comp Reforms

By Workers' Compensation No Comments

Workers’ compensation reform became an issue during an appearance by the Republican and Democratic candidates for Illinois attorney general during a forum in Normal on Wednesday, according to press reports. The Chicago Tribune reported that Republican candidate Erika Harold supports business-friendly reforms proposed by Illinois Gov. Bruce Rauner, who is running for re-election. That brought a rebuke by Democratic challenger…

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Stalled Illinois captive reform measure may revive by year-end

By Workers' Compensation No Comments

Illinois’ efforts to become a more favorable captive domicile may have stalled, but they could resurface later this year when the legislature starts its next session, experts say. Illinois Gov. Bruce Rauner last week issued an amendatory veto of S.B. 1737 — legislation that would overhaul a number of provisions in the Illinois Insurance Code — because of concerns that…

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COA cautions against claiming controversy amount limits

By Personal Injury No Comments

The Indiana Court of Appeals cautioned against plaintiffs proclaiming amounts in controversy will not exceed $75,000 unless they can be held to their word when it ruled in a semitruck crash case Tuesday. In July 2015, two semi-tractor trailers collided on Interstate 465, injuring one of the drivers, Julian Hayes, who later sued the other driver, William Harr, and Harr’s…

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Apria Healthcare sued after oxygen tank allegedly falls, injures patient

By Personal Injury No Comments

A man is suing Apria Healthcare, claiming an oxygen tank allegedly fell and struck him. Kurt Horvath filed a complaint on Aug. 21 in Cook County Circuit Court against the defendants alleging they failed to follow applicable safety guidelines and regulations. The plaintiff alleges on Sept. 20, 2016, he was severely injured and will continue to suffer pain, discomfort, impairment,…

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As Planet Warms, Advocates Urge U.S. To Set Rules To Protect Workers From Heat

By Workers' Compensation No Comments

Two years ago, James Klenk of Freehold, N.J. suffered a heat stroke and went into renal failure after several days sorting and unloading heavy boxes in the back of a UPS truck. He had been a driver for UPS for 14 years and almost died that day. Klenk is one of countless workers across the country enduring symptoms of heat…

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Illinois Governor Sends Workers’ Comp Bill Back to Lawmakers

By Workers' Compensation No Comments

Illinois Gov. Bruce Rauner has vetoed, with recommended changes, a workers’ compensation measure that would have allowed for interest to be paid on delayed payment in disputes between insurers and medical service providers. In his letter explaining his veto action, Rauner stated: “SB 904, as approved by the General Assembly, proposes changes to the Workers’ Compensation Act to: 1) provide…

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US DOL Investigations Result in $59,926 In Back Wages for 92 Indiana Lawn Care Workers

By Workers' Compensation No Comments

Ninety-two current and former employees of two Indiana lawn care companies – Super Cutz Lawn Care LLC and Precision Cut Lawn Service – have received $59,926 in back wages following two investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD) that found employers violated overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). In its…

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Too many Americans die on the job. Are things about to get worse?

By Workers' Compensation No Comments

Who remembers Alphonse Maddin? Maddin came briefly to national attention in spring of 2017, after Donald Trump appointed Neil Gorsuch to the supreme court. Maddin was a truck driver and the central character in one of Gorsuch’s worst opinions as a circuit court judge. His story is one of the rare prominent examples of a vast, hidden world of American…

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