Category

Workers’ Compensation

Biometric Suit Not Preempted by Workers’ Compensation Statute

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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

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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

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

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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

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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

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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

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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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House approves comp coverage for alien workers

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The House of Representatives Wednesday passed a bill that would rewrite immigration requirements for immigrant farmworkers in the United States and require employers to provide workers compensation regardless of state laws. H.R. 5038, known as the Farm Workforce Modernization Act of 2019, contains provisions related to alien farmworkers, including provisions establishing a certified agricultural worker status and changing a certain…

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Amputation workers’ comp case remanded for recalculation

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The Indiana Court of Appeals has reversed for a woman who alleged she is owed more in partial impairment benefits for an amputation on her hand than she was awarded by the Worker’s Compensation Board. While working for manufacturing company Foremost Fabricators, Gina Senter’s pinkie finger on her left hand got caught between two rollers on a roller machine. She…

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Trucking company, driver, sued following collision

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A trucking company and its driver face accusations of negligence over a crash that allegedly caused injuries to another motorist. Thomas Ritchie filed suit Nov. 18 in St. Clair County Circuit Court against Olero Inc. and driver Ilkhom Islomov in connection with the collision on Dec. 20, 2017, eastbound on I-64 close to the intersection with Rieder Road. Defendant Olero…

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