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Etzler Lawhead Legal Group, PC

Study: Indiana Workers’ Comp Average Medical Claims Higher than Most States

By Workers' Compensation No Comments

A recently published study from the Workers Compensation Research Institute found that the average medical payment for Indiana workers’ compensation claims with more than seven days of lost time was higher than the typical state. The study, CompScope™ Medical Benchmarks for Indiana, 22nd Edition, compared Indiana’s workers’ compensation system with systems in 17 other states. The WCRI analyzed workers’ compensation…

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Concussion complaints against NCAA continue to be filed in courts

By Personal Injury No Comments

A former national champion nose tackle for the University of Notre Dame football team has taken aim at his alma matter and the National Collegiate Athletic Association. On Aug. 25, Mary Elizabeth Morrison, as attorney-in-fact of Richard Morrison, filed a proposed class action complaint and demand for jury trial in the U.S. District Court for the Northern District of Indiana…

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Walmart denies liability in customer’s suit alleging slip, fall on air freshener

By Personal Injury No Comments

Walmart argues that a customer failed to keep a proper lookout when she allegedly slipped and fell on an air freshener that was on the restroom floor. Walmart answered the complaint on Oct. 8 through attorney James DeFranco of DeFranco & Bradley PC in Fairview Heights, denying liability. In its affirmative defenses, Walmart argues that the sole proximate cause of…

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Health care facility fined $38K over coronavirus hazard

By Workers' Compensation No Comments

An inspection by the Occupational Safety and Health Administration at a rehabilitation and post-acute care facility in Byron, Illinois, found the health care facility did not comply with federal respiratory protection requirements in its quarantine area and failed to protect workers from coronavirus hazards. OSHA found that Generations at Neighbors LLC, operator of six similar facilities in Illinois and Indiana,…

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Fuel company worker alleges benzene exposure caused cancer

By Personal Injury No Comments

A fuel company worker alleges his exposure to benzene and other toxic chemicals caused him to develop cancer. Howard Smith and Lyn Vigna-Smith filed a complaint Sept. 27 in the Madison County Circuit Court against Piasa Motor Fuels LLC, formerly known as Piasa Auto Supply Service, and others, alleging negligence. According to the plaintiffs’ complaint, Howard Smith drove “various vehicles”…

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Illinois Healthcare Center Fined $83.6K for Lack of Coronavirus Protections

By Workers' Compensation No Comments

Federal workplace safety officials say a Bloomingdale, Illinois, nursing facility failed to protect employees and temporary staff from possible coronavirus hazards a year after an employee died of the disease. OSHA initiated a follow-up inspection at West Suburban Nursing and Rehabilitation Center LLC on July 28, 2021, under the National Emphasis Program for Coronavirus Disease 2019 and the Emergency Temporary…

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Illinois Construction Contractor Cited for Workplace Hazards; Fined $229.7K

By Workers' Compensation No Comments

For the sixth time in seven years, a federal workplace inspection has found a Roselle, Illinois, construction contractor putting workers at risk of serious injury or death by defying federal requirements to ensure the use of fall protection. On April 16, 2021, U.S. Department of Labor’s Occupational Safety and Health Administration inspectors observed employees of Emerald Inc. without fall protection…

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Tootsie Roll Machine Cuts Off Part of Worker’s Finger in Chicago Plant

By Workers' Compensation No Comments

A federal agency has recommended that Tootsie Roll Industries pay more than $136,000 in fines after a machine at its Chicago plant cut off part of an employee’s finger earlier this year. In a news release, the U.S. Department of Labor said that its Occupational Safety and Health Administration (OSHA) issued one willful violation “for inadequate machine guarding” and proposed…

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