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Etzler Lawhead Legal Group, PC

Dram Shop suit alleges intoxicated driver caused crash while using cell phone

By Personal Injury No Comments

A mother is suing on behalf of her son after he was allegedly injured when an intoxicated motorist allegedly caused a crash while talking on a cell phone. Shamarla Clanton filed suit on behalf of her son, Antonio, on May 1 in Madison County Circuit Court. Clanton is suing the driver, David Curtis, and a bar, Roper’s Reagle Beagle Bar…

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Indiana Too Quick to Clear Amazon in Worker’s Death, Report Finds

By Workers' Compensation No Comments

Indiana’s safety agency prematurely released Amazon from citations and fines in the death of a warehouse employee who was crushed by a forklift, a federal investigation has found. Indiana Occupational Safety and Health Administration absolved the online retailer of any accountability in the death of 59-year-old Phillip Lee Terry coincidentally at the same time the state was bidding for Amazon’s…

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Outpatient surgery fees growing for states without fee schedules

By Workers' Compensation No Comments

Outpatient hospital payments are higher and growing at a faster rate in states without fee schedules, according to a study released Tuesday from the Workers Compensation Research Institute. Researchers at the Cambridge, Massachusetts-based WCRI compared hospital payments from a group of common workers comp outpatient surgeries in 36 states from 2005 to 2018, finding that states that paid a percentage…

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Companies fear coronavirus liability lawsuits. So far, few exist

By Workers' Compensation No Comments

Businesses are urging U.S. lawmakers to shield companies from what they fear could be a flood of lawsuits by workers and consumers blaming employers for exposing them to the new coronavirus. But so far, court records show few such cases have been filed and some legal experts say the threat of liability is exaggerated because of the difficulty of proving…

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Illinois’ new emergency workers’ comp rule would hold employers responsible for COVID-19 diagnoses

By Workers' Compensation No Comments

Some employees diagnosed with COVID-19 will automatically qualify for worker’s comp, regardless of how they contracted the virus. UPDATE: On April 23, a judge in Sangamon County, Illinois issued a Temporary Restraining Order blocking the Workers’ Compensation Commission’s Emergency Rule from going into effect. On April 27, the Commission filed notice that it will formally withdraw the emergency rule that…

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Illinois Sues Developer, Contractors Over Coal Plant Implosion

By Personal Injury No Comments

The Illinois attorney general’s office has filed a lawsuit against a developer and two contractors for the release of contaminants during the implosion of a smokestack at a defunct Chicago power station. The lawsuit filed in Cook County Circuit Court alleges Hilco Redevelopment Partners and its general contractors, MCM Management and Controlled Demolition Inc. violated Illinois law and Pollution Control…

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IPL wins reversal in worker’s electrocution lawsuit

By Personal Injury No Comments

Precedent gave Indianapolis Power and Light a reversal in lawsuit brought by a man who was electrocuted by the utility’s uninsulated power lines. Joshua Gammon was injured when he was installing aluminum trim around the roof of a commercial building in Indianapolis. He was climbing an aluminum ladder holding a piece of trim when he was electrocuted and fell about…

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COA affirms denial of negligence instruction in horse-riding accident case

By Personal Injury No Comments

A woman who suffered a brain injury after a horse-riding accident did not convince the Indiana Court of Appeals that the trial court was wrong in ruling for the renter of a horse-training arena. While riding her horse in a training area at Serenity Farms in Lowell, Indiana, Kathleen Burdick was seriously injured by another horse that was known to…

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Veteran, wife seek $40 million from US government over claims of untimely cancer diagnosis

By Personal Injury No Comments

A Madison County couple is seeking $40 million from the U.S. government over claims a doctor failed to diagnose cancer in a timely manner. Lonnie Weatherspoon claims the doctor, whom the suit states worked for a facility where the U.S. was the employer of physicians, should have diagnosed the cancer based on “known risk factors.” The suit was filed April…

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