Download or read book Recovery for Wrongful Death written by Stuart M. Speiser and published by . This book was released on 2005 with total page 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 Determining Economic Damages written by Gerald D. Martin and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Sword and Shield written by Mary Massaron Ross and published by American Bar Association. This book was released on 2006 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traces the lines of authority that set forth the parameters for an illegal search and seizure claim or examining the emerging retaliation theories brought by public employees. The book contains expert analysis and provides lawyers with a practical approach to this technically difficult and ever-evolving area of law cover subjects such as: The procedural intricacies of Section 1983 litigation in court; causation; municipal and supervisory liability; state liability (Eleventh Amendment); preclusion defenses; survivorship and wrongful death; abstention doctrines, and more.

Download or read book A Concise History of the Common Law written by Theodore Frank Thomas Plucknett and published by The Lawbook Exchange, Ltd.. This book was released on 2001 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally published: 5th ed. Boston: Little, Brown and Co., 1956.

Download or read book The South Carolina Law of Torts written by F. Patrick Hubbard and published by . This book was released on 1997 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Drug and Medical Device Product Liability Deskbook written by James Beck and published by Law Journal Press. This book was released on 2004 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.

Download or read book Police Civil Liability written by Isidore Silver and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Comparative Negligence written by Victor E. Schwartz and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book In Re Air Crash Disaster Near Chicago Illinois on May 25 1979 written by and published by . This book was released on 1985 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Economic hedonic Damages written by Michael L. Brookshire and published by . This book was released on 1990 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Damages written by Cara Brown and published by Canada Law Book. This book was released on 2001-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Hit Man written by Rex Feral and published by . This book was released on 1983 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rex Feral kills for hire. Some consider him a criminal. Others think him a hero. In truth, he is a lethal weapon aimed at those he hunts. He is a last recourse in these times when laws are so twisted that justice goes unserved. He is a man who feels no twinge of guilt at doing his job. He is a professional killer. Learn how a pro gets assignments, creates a false identity, maizes a disposable silencer, leaves the scene without a trace, watches his mark unobserved and more. Feral reveals how to get in, do the job and get out without getting caught.

Download or read book Bad Faith in Pennsylvania written by Clifford Rieders and published by Createspace Independent Publishing Platform. This book was released on 2015-07-10 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the law of insurance bad faith in Pennsylvania. Cliff Rieders' book discusses the Pennsylvania statutes creating a cause of action for insurance bad faith, and various scenarios where such insurance bad faith claims can arise, including on underinsurance motorist claims, as well as the types of damages that are available for bad faith. In addition, this book contains an up to date discussion of relevant case law concerning insurance bad faith in Pennsylvania.

Download or read book The Executor s Guide written by Mary Randolph and published by . This book was released on 2004 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Section 1983 Litigation written by Martin A. Schwartz and published by . This book was released on 2008 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Handbook of Death and Dying written by Clifton D. Bryant and published by SAGE Publications. This book was released on 2003-10-01 with total page 1146 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This is a singular reference tool . . . essential for academic libraries." --Reference & User Services Quarterly "Students, professionals, and scholars in the social sciences and health professions are fortunate to have the ′unwieldy corpus of knowledge and literature′ on death studies organized and integrated. Highly recommended for all collections." --CHOICE "Excellent and highly recommended." --BOOKLIST "Well researched with lengthy bibliographies . . . The index is rich with See and See Also references . . . Its multidisciplinary nature makes it an excellent addition to academic collections." --LIBRARY JOURNAL "Researchers and students in many social sciences and humanities disciplines, the health and legal professions, and mortuary science will find the Handbook of Death and Dying valuable. Lay readers will also appreciate the Handbook′s wide-ranging coverage of death-related topics. Recommended for academic, health sciences, and large public libraries." --E-STREAMS Dying is a social as well as physiological phenomenon. Each society characterizes and, consequently, treats death and dying in its own individual ways—ways that differ markedly. These particular patterns of death and dying engender modal cultural responses, and such institutionalized behavior has familiar, economical, educational, religious, and political implications. The Handbook of Death and Dying takes stock of the vast literature in the field of thanatology, arranging and synthesizing what has been an unwieldy body of knowledge into a concise, yet comprehensive reference work. This two-volume handbook will provide direction and momentum to the study of death-related behavior for many years to come. Key Features More than 100 contributors representing authoritative expertise in a diverse array of disciplines Anthropology Family Studies History Law Medicine Mortuary Science Philosophy Psychology Social work Sociology Theology A distinguished editorial board of leading scholars and researchers in the field More than 100 definitive essays covering almost every dimension of death-related behavior Comprehensive and inclusive, exploring concepts and social patterns within the larger topical concern Journal article length essays that address topics with appropriate detail Multidisciplinary and cross-cultural coverage EDITORIAL BOARD Clifton D. Bryant, Editor-in-Chief Patty M. Bryant, Managing Editor Charles K. Edgley, Associate Editor Michael R. Leming, Associate Editor Dennis L. Peck, Associate Editor Kent L. Sandstrom, Associate Editor Watson F. Rogers, II, Assistant Editor