Monthly Archives

December 2022

COA affirms judgment against buyer of used SUV with faulty brakes

By Personal Injury No Comments

A man who bought a vehicle then sued the seller for damages because the brakes gave out while driving home from the sale will not receive any relief from the nearly $1,500 judgment against him. In March 2021, James Ayers went to Jackie Stowers’ residence to purchase a 2002 Chevrolet Trailblazer. After a short test drive, Ayers asked about a…

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Mental injuries up in restaurant work; cuts, falls, strains remain costliest

By Workers' Compensation No Comments

While cuts, falls and strains make up a large portion of workers compensation claims among restaurants, injuries from a worker’s extremities being crushed, and injuries related to mental stress and fainting are on the rise post-2020, according to an analysis published Wednesday by AmTrust Financial Services Inc. In studying injuries post-pandemic, comparing 2021 with 2019 as a baseline, AmTrust found…

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Cumulative trauma claims tend to be income-replacement only, litigated more

By Workers' Compensation No Comments

Sixty percent of so-called cumulative trauma workers compensation claims involve injuries that progress over time and are indemnity-only, thus involving no medical component, according to a report released Thursday by the Workers’ Compensation Insurance Rating Bureau of California. Overall, 77% of indemnity cumulative trauma claims involving more than $1,000 in expenses attributed to settling and defending claims, while only 53%…

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Patient sues Alton physical therapy center over shoulder injury

By Personal Injury No Comments

A former Athletico patient claims he was prescribed an improper physical therapy program, which caused him to sustain serious injuries. Plaintiff Jason Jackson filed the lawsuit in the Madison County Circuit Court against Athletico, LTD and its employee Sarah Schroeder, citing negligence. According to the lawsuit, Schroeder was employed by Athletico as a physical therapist. On Oct. 12, 2020, Jackson…

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Man alleges wrongful termination after filing for work comp benefits

By Workers' Compensation No Comments

A former employee of Brandsafway claims he was wrongfully terminated for seeking worker’s compensation benefits after he was injured on the job. Plaintiff Fred Skelton filed the lawsuit in the Madison County Circuit Court against defendant Brandsafway, LLC formerly known as Safway Services, LLC, citing retaliatory discharge in violation of the Illinois Worker’s Compensation Act. According to the lawsuit, Skelton…

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Shortage of qualified, trained workers increases construction sector exposures

By Workers' Compensation No Comments

Acute labor shortages across the construction industry are hitting everything from quality control to worker safety, keeping busy risk engineers and others involved with construction risk management. The labor crunch can lead to work being done by less qualified or inadequately trained workers, causing mistakes that require expensive rework, often at the expense of the contractor. In other cases, there…

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Illinois contractor again cited for trench cave-in hazards

By Workers' Compensation No Comments

Occupational Safety and Health Administration investigators again cited a Schaumburg, Illinois-based excavating contractor for failure to follow federally mandated safety measures to protect workers from potentially deadly trench cave-ins. Trench collapses are among the construction industry’s most lethal hazards and a recent focus of OSHA. OSHA reported that an inspector in June observed two employees of A. Lamp Concrete Contractors…

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Multimillion dollar award evaporates under COA review of policy language

By Personal Injury No Comments

A contractor awarded $5.2 million in damages in a personal injury settlement lost most of it after the Court of Appeals of Indiana found the use of “you” and “your” in the insurance policy did not entitle the contractor to indemnification. Harsco Corporation was hired by Pennsylvania utility company PPL Montour Co. LLC to install and maintain an elevator at…

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