Download or read book Psychiatric Claims in Worker s Compensation and Civil Litigation written by Herbert Lasky and published by Aspen Publishers. This book was released on 1993 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Workers Compensation and Civil Litigation written by Herbert Lasky and published by . This book was released on 1994 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Workers Compensation and Civil Litigation written by Aspen Publishers and published by Aspen Publishers. This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Workers Compensation and Civil Litigation written by Aspen Publishers and published by Aspen Publishers. This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Workers Compensation and Civil Litigation 1999 written by Wolters Kluwer Law & Business and published by Aspen Publishers. This book was released on 1999-03 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Workers Compensation Cases and Civil Litigation 1997 Cumulative Supplement written by Herbert Lasky and published by Wiley Law Publications. This book was released on 1996-12-01 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Worker s Compensation and Civil Litigation written by Lasky and published by . This book was released on 1998-02-01 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book How to Handle Psychiatric Claims Under the California Workers Compensation System written by Herbert Lasky and published by . This book was released on 1983 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Your Guide to South Carolina Personal Injury Workers Compensation written by Kenneth Berger and published by Word Association Publishers. This book was released on 2012 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kenneth Berger has dedicated his professional career to the representation of the injured and aggrieved. His practice focuses on the fields of personal injury, workers¿ compensation, and civil litigation. More specifically, Mr. Berger seeks to represent individuals and families in cases involving auto and trucking accidents, work injuries, unsafe products, medical malpractice, nursing home negligence, property hazards, insurance disputes, consumer abuses, wrongful death, and other areas of civil law.¿As an injury attorney, I have a responsibility not only to advocate, but to protect and give back,¿ Mr. Berger says. ¿My book, Your Guide to South Carolina Personal Injury & Workers¿ Compensation, provides a number of safety tips designed to help the public¿especially families with children¿avoid accidents. I also look for ways that my law firm and I can strengthen the community in which we live.¿

Download or read book Work related Mental Stress Injuries in the NYS Workers Compensation System written by New York (State). Workers' Compensation Board and published by . This book was released on 1997 with total page 106 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Claims in Worker s Compensation and Civil Litigation written by Herbert Lasky and published by Aspen Publishers. This book was released on 1993 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Mental and Emotional Injuries in Employment Litigation written by James J. McDonald and published by BNA Books (Bureau of National Affairs). This book was released on 1994 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Use this comprehensive overview to evaluate potential claims objectively...and to select, depose, and cross-examine mental health experts more effectively. Attorneys, psychiatrists, psychologists, and pharmacologists explain the legal and mental health issues you need to assess -- and be ready to litigate -- in this complex area of practice, including: -- diagnosis of commonly claimed disorders -- the intricacies of sexual harassment claims, psychological testing, and effects of medication -- assessment of post-traumatic stress -- detection of malingering -- the statutory and common law bases for recovery of damages The book's analyses, exhibits, and numerous examples help you focus on the complex elements of these claims. And a full index and table of cases make it ideal for your case evaluation.

Download or read book Civil Litigation and Workers Compensation written by James F. Mastoris and published by . This book was released on 1987 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Compensability of Mental Disorders and Workers Compensation written by Ann L. Munson and published by . This book was released on 1987 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Workers Compensation Subrogation In All 50 States Fifth Edition written by Gary L. Wickert and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1616 pages. Available in PDF, EPUB and Kindle. Book excerpt: Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?

Download or read book California Workers Compensation Claims and Benefits written by David W. O'Brien and published by . This book was released on 1996 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Psychiatric Injury written by Robert J. Mignone Fapa and published by . This book was released on 2008-06-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorneys and insurance professionals who must swim in the heretofore murky psychiatric waters of Workers Compensation, disability insurance, and damage liability claims can now find help in this book. Psychiatric Injury is an in-depth reference guide that deals with the interface of law and psychiatry in this niche. It is for those who are without much formal psychiatric training and yet must make sense of psychiatric issues. Here is a medical model for objective, unbiased and thorough, psychiatric diagnosis and treatment. No side of advocacy is favored. Sound clinical work is equally applicable to plaintiff or defense. For attorneys, this up-to-date handbook will improve your ability to assess a case and to conduct effective direct and cross-examination. It will allow you to concentrate on the clinical issues rather than rely on tricks and unsettling tactics. Your legal questions get clinical answers. It will make your advocacy stronger and your examinations more incisive and revealing. For insurance professionals (adjusters, nurse case managers, and claims personnel), Psychiatric Injury will empower you to ask pointed clinical questions and know when you have adequate answers. You will have substantiation for your decisions. Dr. Robert Mignone discusses psychiatric practices, concerns, diagnoses, questions, and controversial topics in this area, illustrating them with composite vignettes of real-life cases. The information reflects consensus mainstream standards. It is practical and made easy to grasp. Psychiatric Injury will provide you with a working knowledge of many of the clinical issues encountered by the psychiatric expert interfacing with the demandsof legal and insurance professionals in this field of injury, trauma, and damages. Dr. Robert Mignone attended Amherst College (cum laude) and graduated from Duke Medical School (Alpha Omega Alpha) in 1966, with later internships (internal medicine) and residencies (neurology, psychiatry) at Yale New Haven Hospital, Cornell/New York Hospital, and MGH/Harvard Medical School, respectively. A teacher and academician, Dr. Mignone taught and practiced psychiatry at Massachusetts General Hospital/Harvard from 1974 to 1988 before opening Gulf Coast Health Services, a multi-specialty mental health group in Sarasota, Florida. He has thirty-five years as a psychiatrist in private practice; twenty years of Workers' Compensation, torts and disability insurance evaluations, with several hundred Independent Medical Examinations (IME) and depositions.