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Etzler Lawhead Legal Group, PC

Remote exposures alter complexion of comp

By Workers' Compensation No Comments

With more people working from home, workers compensation has become a 24-hour exposure for employers, some experts say. Estimates show an increase in the number of employers allowing telecommuting or hybrid arrangements since the COVID-19 pandemic, and alleged work-from-home injuries are resulting in comp claims. Details of contested claims show the difficulties employers face in determining their validity. At least…

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Supreme Court accepts case raising questions of collateral estoppel and claim splitting

By Personal Injury No Comments

A unanimous Indiana Supreme Court has granted transfer to a personal injury case brought by a severely and permanently injured woman which is raising questions of whether subsequent litigation can be filed against a group of defendants when other defendants have already been held liable. The case, Kathryn Davidson v. State of Indiana, et al., 21A-CT-1516, was the only one…

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Employer loses appeal over out-of-state comp claim

By Workers' Compensation No Comments

An Indiana-based contractor who conducted work in Kentucky but failed to disclose the out-of-state operations to its workers compensation insurer is on the hook for a workplace injury, a federal appeals court ruled Tuesday, affirming a lower court decision. Custom Mechanical Construction Inc. in Evansville, Indiana, had an insurance policy with Accident Fund Insurance Co. of America at the time…

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OSHA says candymaker exposes workers to amputations

By Workers' Compensation No Comments

The Occupational Safety and Health Administration is proposing $201,379 after finding a candy manufacturer’s plant in Bellwood, Illinois, continues to expose workers to amputation hazards and failed to utilize lockout procedures for the third time in five years. OSHA said Wednesday that it has issued five citations to Wilkes Barre, Pennsylvania-based Ferrara Candy Co. for one repeat violation and four…

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Study finds farm, construction worker injuries increase with heat

By Workers' Compensation No Comments

An Oregon State University study found an association with increasing temperatures and increased rates of injury claims that were more pronounced among workers in the agricultural and construction sectors. The study analyzed about 92,000 accepted claims and found that the rate of injuries is about 4% higher when the maximum heat index exceeds 75 degrees. The incident ratio for agriculture…

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Woman allegedly injured as bystander during South Roxana bar fight

By Personal Injury No Comments

A Campsville woman is suing a South Roxana bar, claiming she was injured as a “bystander” during a bar fight. Amy Finch filed the complaint in the Madison County Circuit Court against Second Last Chance Saloon Inc. According to the complaint, Finch claims the bar sold alcohol to a man who later got into a fight with other patrons after…

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Woman alleges surgical pad was left in abdomen after surgery

By Personal Injury No Comments

A Mascoutah woman is suing a doctor and nurses for alleging leaving a surgical pad inside her abdomen after surgery. Robyn and Matthew Scott filed the complaint in the St. Clair County Circuit Court against Steven Mathus, M.D., Jennifer Sturgeon, R.N., Denise Feld, Heartland Women’s Healthcare IL PC, doing business as Heartland Women’s Healthcare and Metro-East Services Inc., doing business…

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FedEx driver secures COA reversal against dog owners

By Personal Injury No Comments

A FedEx driver bit by a dog despite the owners’ assurance that he was safe to deliver a package has secured a reversal from the Court of Appeals of Indiana. The appellate panel found questions remained about whether the owners knew their dog’s breed had dangerous propensities when the deliveryman was invited onto their property. While on a delivery run,…

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Jury Awards Illinois Woman $363 Million in Suit Over Plant’s Toxic Gas

By Personal Injury No Comments

A jury has awarded $363 million to a woman who alleged that a now-shuttered suburban Chicago plant that sterilized medical equipment exposed residents to a toxic industrial gas and gave her breast cancer. After a five-week trial, the Cook County jurors on Monday awarded Sue Kamuda $38 million in compensatory damages for the past and future loss of a normal…

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Edwardsville man claims neighbors refused to restrain dogs after he was attacked

By Personal Injury No Comments

An Edwardsville man is suing his neighbors after he was allegedly attacked by their dogs without provocation and had to move to protect his family. Plaintiff Dylan M. Jerrell filed the lawsuit in the Madison County Circuit Court against defendants Tim Parker, Renee Moore and Julian Moore, citing negligence in violation of the state’s Animal Control Act. According to the…

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