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Etzler Lawhead Legal Group, PC

COA cautions against claiming controversy amount limits

By Personal Injury No Comments

The Indiana Court of Appeals cautioned against plaintiffs proclaiming amounts in controversy will not exceed $75,000 unless they can be held to their word when it ruled in a semitruck crash case Tuesday. In July 2015, two semi-tractor trailers collided on Interstate 465, injuring one of the drivers, Julian Hayes, who later sued the other driver, William Harr, and Harr’s…

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Apria Healthcare sued after oxygen tank allegedly falls, injures patient

By Personal Injury No Comments

A man is suing Apria Healthcare, claiming an oxygen tank allegedly fell and struck him. Kurt Horvath filed a complaint on Aug. 21 in Cook County Circuit Court against the defendants alleging they failed to follow applicable safety guidelines and regulations. The plaintiff alleges on Sept. 20, 2016, he was severely injured and will continue to suffer pain, discomfort, impairment,…

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As Planet Warms, Advocates Urge U.S. To Set Rules To Protect Workers From Heat

By Workers' Compensation No Comments

Two years ago, James Klenk of Freehold, N.J. suffered a heat stroke and went into renal failure after several days sorting and unloading heavy boxes in the back of a UPS truck. He had been a driver for UPS for 14 years and almost died that day. Klenk is one of countless workers across the country enduring symptoms of heat…

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Illinois Governor Sends Workers’ Comp Bill Back to Lawmakers

By Workers' Compensation No Comments

Illinois Gov. Bruce Rauner has vetoed, with recommended changes, a workers’ compensation measure that would have allowed for interest to be paid on delayed payment in disputes between insurers and medical service providers. In his letter explaining his veto action, Rauner stated: “SB 904, as approved by the General Assembly, proposes changes to the Workers’ Compensation Act to: 1) provide…

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US DOL Investigations Result in $59,926 In Back Wages for 92 Indiana Lawn Care Workers

By Workers' Compensation No Comments

Ninety-two current and former employees of two Indiana lawn care companies – Super Cutz Lawn Care LLC and Precision Cut Lawn Service – have received $59,926 in back wages following two investigations by the U.S. Department of Labor’s Wage and Hour Division (WHD) that found employers violated overtime and recordkeeping requirements of the Fair Labor Standards Act (FLSA). In its…

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Too many Americans die on the job. Are things about to get worse?

By Workers' Compensation No Comments

Who remembers Alphonse Maddin? Maddin came briefly to national attention in spring of 2017, after Donald Trump appointed Neil Gorsuch to the supreme court. Maddin was a truck driver and the central character in one of Gorsuch’s worst opinions as a circuit court judge. His story is one of the rare prominent examples of a vast, hidden world of American…

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Spotlight: Insurance loopholes need to be eliminated

By Workers' Compensation No Comments

Physicians, hospitals and other providers that treat Illinois’ injured workers are in a severe crisis. In recent years, workers’ compensation insurers have exploited loopholes to avoid complying with basic requirements of Illinois law. It’s time to eliminate these loopholes. The issue is enforcement of current laws requiring timely workers’ compensation insurer approvals and health care provider reimbursement — these profitable…

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Insurance company alleges Vforce owes more than $600,000 for policy

By Workers' Compensation No Comments

A Sacramento business is alleged to have failed to pay a premium for an insurance policy. Zurich American Insurance Co. of Illinois filed a complaint on July 28 in the U.S. District Court for the Eastern District of California against Vforce Inc., doing business as Vforce Staffing Solutions, and Does 1 to 100 alleging breach of contract. According to the…

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Wyoming mail hauler indicted for $1.9 theft

By Workers' Compensation No Comments

A Wyoming based mail hauler has been indicted by a Stark County Grand Jury for allegedly defrauding the United States Postal Service of $1.9 million in insurance premiums. The indictment was filed July 13, 2018 and a warrant for arrest was issued. Keith A. Ratcliff, 53, has been charged with multiple felonies including theft by deception, a Class X felony,…

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