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Law Alerts January 1, 2011
This case involved three petitions filed on behalf of the claimant alleging a 54 percent permanent impairment to both lungs resulting from occupational exposure to asbestos that he suffered while working as a union laborer at a refinery. The...
Law Alerts January 1, 2011
This case involved a Petition to Determine Compensation Due alleging that on July 16, 2009, the claimant fainted at work and thereby aggravated a pre-existing back condition. The employer defended on causation grounds. The claimant was a supervisor...
Law Alerts January 1, 2011
The claimant was a truck driver who was injured in an accident that occurred in Vermont. The claimant received workers' compensation benefits in the state of Ohio. However, the claimant filed a claim petition requesting benefits under the...
Law Alerts January 1, 2011
Webb was brought by the daughter of deceased smoker James Kayce Horner. The decedent started smoking at age 17 in 1934 and smoked for more than 60 years until he died of lung cancer March 11, 1996, at age 78. The decedent smoked the Reynolds brands..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The plaintiff alleged that two police officers violated his civil rights pursuant to 42 U.S.C. § 1983. A jury returned a verdict that found that the officers did, in fact, violate his civil rights but did not cause injury to the plaintiff. The jury..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
This case addresses “Pay-if-Paid” clauses. Such clauses are sometimes included in subcontracts and state that a general contractor has no duty to pay a subcontractor until the general contractor has been paid by the owner for the work performed by..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Theresa Ray went to her husband's home in Warren, New Jersey, to pick up their youngest daughter for court-ordered visitation. After ringing the doorbell, Ms. Ray observed a man whom she believed to be her husband moving about in the home. Ms. Ray..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
While employed in a managerial capacity by Van Hydraulics, Inc., the plaintiff used a company-owned pick-up truck insured by the defendant, Allstate Insurance Company. While the plaintiff was driving the pick-up truck to his office from his home, he..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
The plaintiffs' settled a wrongful death claim against a nursing home. The defendant, the Secretary of the Department of Health and Human Services ("HHS"), sought reimbursement for medical payments made on behalf of the decedent. The estate paid..., Case Law Alert - 1st Qtr 2011
Law Alerts January 1, 2011
Section 306 (a.2) of the Act authorizes an automatic change of disability status from total to partial when an employer obtains an Impairment Rating Evaluation ("IRE") within 60 days after a claimant has received 104 weeks of total...

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