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Etzler Lawhead Legal Group, PC

Driver for Marathon Transport, Lartex Trucking sued following fatal I-55 accident

By Personal Injury No Comments

The death of a girl following an accident involving an articulated truck is at the center of a lawsuit involving two of her grandparents. Melissa Ashley, the paternal grandparent and legal guardian of Emma Mae Wilson, filed a lawsuit Dec. 12 in St. Clair County Circuit Court for wrongful death against Janette Kirby, Marathon Transport, Inc. and Lartex Trucking, LLC…

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Biometric Suit Not Preempted by Workers’ Compensation Statute

By Workers' Compensation No Comments

An Illinois employee of Power Solutions International Inc. (Power Solutions) filed suit against his employer alleging violations of the Illinois Biometric Information Privacy Act (BIPA) when Power Solutions collected his fingerprints through a timekeeping system without providing consent to do so. Under BIPA, companies, including employers, are required to provide notice and consent to employees prior to the collection of…

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COA reverses for insurance company, against quadriplegic man

By Workers' Compensation No Comments

An Indiana Court of Appeals panel has reversed the grant of a quadriplegic man’s motion to dismiss a declaratory judgment action after it found he was not entitled to bodily injury liability coverage under his insurance policy. In February 2016, co-workers Gregory Smith and Nolan Clayton were intoxicated after drinking at an Indianapolis Stacked Pickle bar, and the bar called…

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Man injured in fireworks blast loses appeal for worker’s comp benefits

By Workers' Compensation No Comments

A man injured by a fireworks explosion lost an appeal for worker’s compensation benefits, with the Indiana Court of Appeals finding his story explaining how the mishap occurred a bit too farfetched. In 2015, Andrew Hall was working for a Habitat for Humanity of Grant County thrift store when he and a coworker, Alonzo Hill, were sent to retrieve items…

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IL Supreme Court: Federal law doesn’t block railroad from suing employees it blames for causing train accident

By Personal Injury No Comments

A railroad company can sue employees who it blames for causing railroad accidents, even after those employees first sue the railroad for injuries they suffered in the accident the railroad says they caused, the Illinois Supreme Court has ruled. In a 5-2 ruling, the court overturned an appellate court decision on the question, and sent the case back to Cook…

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Former employee wins $225,000 over retaliation for filing workers’ compensation claim

By Workers' Compensation No Comments

A multi-national medical device manufacturer must pay $225,000 after a federal court jury found an employee was sacked after applying for workers’ compensation. Jurors in the court of Senior District Judge Phil Gilbert awarded the money as it found plaintiff Dathan Brooks was discharged in retaliation for the claim, but also decided the action was not wilful or wanton, that…

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Trucking firm, insurance company accused of conspiracy to classify workers as contractors

By Workers' Compensation No Comments

A trucking company and its insurance provider stand accused of conspiring to prevent its drivers from filing workers’ compensation claims to avoid scrutiny and the potential of them being classified as employees. In an action filed in Madison County Circuit Court, a former driver claims he and others were misclassified as independent contractors, which resulted in them losing workers’ compensation…

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Increase in PTSD claims presents diagnosis challenge

By Workers' Compensation No Comments

As more employees file workers compensation claims for post-traumatic stress disorder following shootings and other violent incidents, medical experts warn the condition can be diagnosed prematurely following an event or misdiagnosed altogether. It can be tough even for specialist to distinguish between conditions, experts say. Some employees witnessing an event can recover from the trauma without treatment, others may not…

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Indemnity, lost time greater for older workers: WCRI

By Workers' Compensation No Comments

Average medical and indemnity payments in workers comp claims increase with age, a study from the Workers Compensation Research Institute revealed Thursday. The Cambridge, Massachusetts-based research group studied how age impacts claim costs, cost components and worker outcomes in its latest FlashReport. The study found little difference in injury rates and outcomes for workers regardless of their age. Injury rates…

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