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Etzler Lawhead Legal Group, PC

Illinois appeals court rules neck pain unrelated to work accident

By Workers' Compensation No Comments

The Illinois Appellate Court ruled Monday that a woman’s neck injury was not part of her overall workers compensation claim, reversing a circuit court ruling that ordered an insurer to cover the expanded claim. As documented in Jacqueline Sumner v. Illinois Workers’ Compensation Commission, et. al., Jacqueline Sumner was injured while working for PlaceSmart/NOTS Logistics. This temporary employment agency sent…

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Family’s $4.8 million award affirmed 15 years after line cook ate shellfish

By Workers' Compensation No Comments

The family of a line cook who died after eating shellfish off-hours to which he was allergic is entitled to a $4.8 million jury award, the Illinois Appellate Court ruled Tuesday. Angel Rivas worked at the restaurant where he ate the shellfish in an employer-provided meal. As documented in Rivas v. Benny’s Prime Chophouse, LLC, Luz Rivas, his widow filed…

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Woman suing over botched abortion must ID herself: Judge

By Personal Injury No Comments

A woman suing an abortionist for allegedly badly botching an abortion at his Champaign clinic will need to publicly identify herself if she wishes to continue with her case, because too many news pieces, including interviews with her and her lawyer, have been produced about her case, unfairly victimizing the man she is suing, a Champaign County judge ruled. And…

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COVID-19 immunity case comes before Indiana Supreme Court

By Personal Injury No Comments

In January 2022, Elmer Waggoner arrived at a hospital with COVID-19. By March 3, he was negative for the virus — and on March 29, he was dead. He’d developed necrotizing fasciitis from a bed sore. By then, the state emergency declaration for COVID had also expired. But an attorney for dozens of doctors and three anonymous hospitals argued before…

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Indiana Supreme Court to hear oral arguments Sept. 4 over worker’s compensation claim

By Workers' Compensation No Comments

The Indiana Supreme Court will hear oral arguments in two cases during the first week of September, including one involving a dispute over a $2.8 million workman’s compensation reimbursement request filed with the Indiana Compensation Rating Bureau. The hearings will be held Sept. 4 in the Supreme Court Courtroom at the Indiana Statehouse. Beginning at 9 a.m., justices will hear…

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State supreme court sides with estate of intoxicated man run over by IndyGo bus

By Personal Injury No Comments

A divided Indiana Supreme Court on Monday reversed an appeals court decision and upheld a $700,000 judgment in favor of the estate of an intoxicated Indianapolis man who died in 2018 after being run over by an IndyGo bus. The 3-2 ruling sided with the trial court in the case, affirming the jury’s finding that Michael Fergerson was not negligent…

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Mental injury legislation continues to trend in comp: Report

By Workers' Compensation No Comments

States continued to consider proposals to expand the acceptance of mental injuries in workers compensation this year, according to a report by the National Council on Compensation Insurance. The results have been mixed, the report shows. In an overview of workers compensation-related legislation considered through July 31, mental injuries topped the list of themes, with such injuries suffered by first…

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IN Court of Appeals holding oral arguments in fatal semi-truck accident case

By Personal Injury No Comments

The Indiana Court of Appeals will hear oral arguments Tuesday in a case stemming from a 2019 semi-truck accident that killed three people, in which a leasing company claims an insurer disregarded its interests during mediation with the victims’ family. According to court documents, on July 24, 2019, Bruce Pollard, a semi-truck driver, caused a multiple-vehicle accident on I-465, leading…

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Indiana Court of Appeals to Hear Arguments on Suppressed Evidence in Fatal Truck Crash

By Personal Injury No Comments

The Indiana Court of Appeals will hear an appeal from the state later this month in a case where a motion to suppress was granted to a man who allegedly caused a deadly April 2022 crash in Franklin County. Oral arguments will be held Aug. 29 from 10:30 a.m. to 11:30 a.m. at Gainbridge Fieldhouse’s Indiana Fever practice court. According…

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