The Nebraska Supreme Court held in a worker's compensation case that distribution of proceeds recoverd from a third party is not subject to the equitable "made whole" doctrine of equitable subrogation. Now, Â§ 48-118 includes language providing for a fair and equitable distribution. It does not, however, adopt the "made whole" doctrine. Nor does it adopt any other specific rule for...
The Supreme Court of Oklahoma allows a claimant to bring a bad faith claim against her employer's Worker's Compensation insurance carrier for failure to pay permanent partial disability benefits. The case is SIZEMORE v. CONTINENTAL CASUALTY COMPANY. The court found that a common law tort of bad faith exists for an insurance carrier's bad faith in refusing to pay a workers' compensation award.
If you get hurt on the job, your employer maybe required to pay you workers' compensation benefits. You may be entitled to Medical Care, Temporary total disability benefits,Temporary partial disability benefits, Permanent partial disability benefits, Vocational rehabilitation benefits, or Death benefits. The tips below only scratch the surface of possible pitfalls in the workers' compensation...
Julie Ferguson at Workers' Comp Insider brings my attention to an AP article from PhillyBurbs.com. The article points out that the government does not look highly upon workers' compensation claims arising from the clean-up of the 9-11 tragedy: of the 485 federal employees to file for workers compensation claiming injuries from the aftermath at ground zero... virtually all of those claims, some...
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