Blog 
Accidents
- Motorcyclist Injured by Pothole in Road Settles Suit
- $32.2 Million Verdict From Auto Crash Upheld
- Suit for Injuries Caused by Tent Collapse Settled
- Enterprise Rent-A-Car Failure to Respond to Vehicle Recall Results in $15 Million Verdict
- Defective Guardrail Suit Settled for $15 Million
Insurance Claims
- Credit Insurance Class Action Against Resource Life to Proceed
- Health Insurers Reimbursement Rates Target of Class Action
- Cancellation of Insurance Leads to $37 Million Verdict
- Insurer Systematically Underpaid Claims, Lawsuit Says
- Insurance Companies' License To Kill: ERISA
Employment Law
- Female Police Lieutenant Files Sex Discrimination Lawsuit
- Unfair Assignments, Harassment & Retaliation Lead to $1 Million Race Discrimination Settlement
- Pregnancy Discrimination Suit Against Police Department Settled
- Sex Discrimination Suit by Female Sales Reps Against Sanofi Settled for $15 Million
- Disability Discrimination Suit Filed Against Toyota by Former Workers
Overtime & Wages
- Retail Managers Settle Overtime Suit
- Kroger Managers Seek Unpaid Overtime in Class Action Suit
- Construction Workers To Receive $2.2 Million In Back Wages
- Computer Network Technicians File Class Action Suit for Overtime
- Working Through Breaks & On Call Time Lead To Overtime Lawsuit
Workers' Compensation
- Workers Comp Suit Against Wal-Mart Certified As Class Action
- Death From Miner's Death Suit Against Massey Energy Settled for $2.1 Million
- Employee's Commute Ruled Within Course of Employment Under Kentucky Workers Compensation Law
- Worker At 3M Plant Electrocuted
- Workers Sue over Plant Explosion
Disability Insurance
- Doctor With MS Wins Suit For Disability Benefits Against Hartford Life
- Disability Insurance Benefits Reinstated By Court -- Lexington Disability Benefits Lawyer
- Disability Insurer Tainted Claims Process By Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer
Family Safety
- Homeowners Sue Over Sewage Damage
- Understaffing at Nursing Homes Leads to $670 Million Verdict
- Nursing Home Death Results in $29.1 Million Verdict
- $30.3 Million Asbestos Exposure Award Affirmed
- Patient Safety Endangered By Prosecution of Whistleblowing Nurse
Whistleblowers
- Nurses Fired After Reporting Doctor's Substandard Care Settle Wrongful Termination Cases for $750,000
- Overbilling of Government May Yield $1 Billion Recovery in Whistleblower Case Against Oracle
- Whistleblower Sues Sheriff for Wrongful Termination
- Orthopedic Surgeons Charged With Medicare Fraud in Whistleblower Suit
- Safety Complaints Led to Firing, Whistleblower Claims
General
- Bank Sued for Investment Losses
- "Subjected to Sexual Harassment for Several Years" Firefighter Files Suit
- Tort Reform Seeks to Limit the Ability of Trial Juries to Level the Playing Field
- Fifth Third Bank Sued Over Overdraft Fees
Kentucky Employment Law Blog 
- "Similarly Situated" Employees Need Not Have the Same Supervisor
- Causation in Retaliation Case Demonstrated by Encouragement of Supervisor With Knowledge of Protected Activity, Second Circuit Rules
- The Cold Shoulder: Supervisors' Conduct Toward Employee That Complained of Discrimination As Proof of Retaliatory Intent
- Retaliation Verdict For Employee Fired Less Than Three Weeks After Complaining of Age Discrimination Upheld
- Drug Sales Reps Not Exempt From Overtime, Second Circuit Rules
- Supreme Court To Decide Whether Retaliation Ban Applies to Family Members and Others Closely Assoiciated With An Employee that Complains of Discrimination
- Where Employer Induced Employee to Accept Employment by Subsidizing Employee's Commute, the Employee's Death While Commuting Was Compensable under Kentucky Workers Compensation Law
- Doctor Subjected to Sexual Harassment and Hostile Work Environment by Clinic Owner, Fourth Circuit Rules
- Injured Workers At Social Security Retirement Age Limited to Two Years Kentucky Workers Compensation Benefits, Kentucky Supreme Court Rules
- Public Employees' Have No Privacy Rights In Text Messages Sent on Employer-Issued Phone, Supreme Court Rules
Abell Law Blog
- Complex Regional Pain Syndrome and Disability Benefits
- Elena Kagan Confirmed to Supreme Court by 63-37 Senate Vote
- “This is a business court. Now it’s the era of the corporation and the interests of business.” -- The Supreme Court That We Have
- Tort Reform Shortcomings Shown by BP Gulf Oil Rig Disaster
- Supreme Court Increasingly Hostile To Individual's Claims
- Only "Some Degree of Success" Necessary for Award of Attorney's Fees Under ERISA, Supreme Court Rules
- Bourboun County Crash Kills Cynthiana Teenager
- Supreme Court Nominee Kagan On the Confirmation Process
- Virginia Malpractice Attorney Ben Glass On a Frivolous Defense to a Medical Malpractice Claim
- Hartford's Conflict of Interest Causes Reversal Of Disability Benefits Termination
News
Frivolous Lawsuit Filed Over Alleged Video Game Addiction
Posted on 8/30/2010
Fibromyalgia Relief From Tai Chi
Posted on 8/19/2010
Greater Protections for Employee Benefits Forthcoming
Posted on 8/14/2010
Wage & Hour & Overtime Violations In Health Care Industry Investigated
Posted on 8/11/2010
Kagan Confirmed to Supreme Court by 63-37 Senate Vote
Posted on 8/5/2010
Library
Accidents
- Toyota Prius Class Action Lawsuit Complaint
- Class Action Lawsuit against Toyota in Kentucky
- Comair Crash: Court Rules Pilot Negligence "Substantial Factor"
- A Guide To Getting Differential Diagnosis Evidence Admitted
- Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. Southampton
Insurance Claims
- Are life insurance benefits payable where death results from accidentally running a stop sign? Since an ordinary person would characterize running a stop sign as an accident, life insurance benefits payable for an accidental death must be paid.
- Uninsured Motorist (UM) Benefits May Be Recovered In Work Death Kentucky Court of Appeals Rules In State Farm v. Slusher
- What are the Insurance companies' "Tricks of the Trade?"
Employment Law
- What supports a damages award in a wrongful termination or retaliation case? A long-term career cut short, prolonged unemployment and destructive impact on the fired employee's family life supported a jury verdict awarding $650,000 for emotional distress.
- $650,000 Emotional Distress & Punitive Damages Award Against UPS Upheld - Fischer v UPS
- Disability Discrimination In Violation of Americans With Disabilities Act - Complaint
- Family Medical Leave Act Complaint - Chaplin v Cobb-Vantress
- Kentucky Whistleblower & Free Speech Response to Petition for Rehearing
Overtime & Wages
- Kroger Managers File Class Action Overtime Lawsuit
- Pharmaceutical Sales Reps Not Exempt from Overtime Pay Requirements - In Re Novartis Wage & Hour Litigation
- Complaint for Unpaid Wages - Vested Vacation Pay
- Unpaid Overtime and Wages Class Action Suit Against Bank of America
- Are Mortgage Loan Officers Exempt from Overtime Pay Requirements?
Workers' Compensation
- Employee's Commute To Work Within Course of Employment Under Kentucky Workers Compensation Law - Fortney v. Airtran Airways
- Kentucky Workers Compensation; Back Injury - Land v Frito-Lay Opinion and Award
- Kentucky Workers Compensation Back Injury; Opinion & Award -- Archer v Back Construction
- Recovery of Damages Against a Co-Worker For Injuries Sustained on the Job
- Recovery of Workers Compensation Benefits Not Barred by Recovery of Damages in Injury Suit Against Third-Party
Disability Insurance
- Disability Benefits Terminated? Did the Insurance Company consider your doctors' opinions and evaluations?
- Disability Benefits Terminated? An Insurance Company's Failure to Consider Treating Doctor's Opinions Violates Federal Law - Love v. National City
- Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and Capricious
- Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court Rules
- Ignoring and Fabricating Evidence: The Hartford Life Claims Process
General
Blog
Family Safety
Care of Patient With Unstable Psychiatric Condition Required by Federal Law
The Emergency Medical Treatment and Active Labor Act (EMTALA) requires that hospitals participating in Medicare and with an emergency room provide care to persons with an emergency medical condition and that such care be provided until the condition stabilizes. The Sixth Circuit Court of Appeals has ruled in Moses-Irons v. Providence Hospital, No. 07-2111 (April 4, 2009), that a hospital can be liable to the estate of a person killed where the hospital has knowingly released a psychiatric patient before his condition has stabilized.Labels: family safety hospital liability
Kentucky Employment Law Blog
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FAQs
Accidents
- What damages can be recovered if my spouse is killed in a car wreck?
- What is the Kentucky statute of limitations to file suit for injuries caused in an automobile accident?
- Can you recover damages for loss of a spouse's companionship because of injuries caused by another's negligence?
Insurance Claims
- Can you sue an insurance company for deceptive practices?
- Is it illegal for an insurance company to delay paying a claim?
- How long can an insurance company take to settle a claim in Kentucky?
Employment Law
- If I'm paid a salary does that mean I'm exempt from overtime?
- Does a job title determine whether an employee is exempt from overtime pay requirements?
- What employees meet the "admininsrative" exemption to the overtime pay requirement?
Workers' Compensation
- What is the average weekly wage for Kentucky workers compensation for 2009?
- If I am receiving Social Security retirement benefits and I am hurt on the job, for how long can I receive Kentucky workers compensation benefits?
Can I choose my own doctor to treat my work injury?
Disability Insurance
- My disability insurance company is the Hartford Life group and it has paid its medical evaluator, the University Disability Consortium, $13 million since 2002. Will the review of my claim for disability insurance benefits be fair and unbiased?
- What medical conditions are disabling?
- What does ERISA refer to?
Employee Benefits - ERISA
- What are the duties of a fiduciary of an employee pension plan?
- What is a fiduciary?
- What pension plans does ERISA cover?
Family Medical Leave Act - FMLA
Is medical leave due to pregnancy covered by the FMLA?
- Can my employer change my health insurance because I'm on FMLA leave?
- How can an employee prove that he or she suffered from a "serious health condition" that entitled her to leave under the FMLA?
Sex Discrimination
- What would constitute a hostile work environment based on sexual harassment?
- I am treated differently than my co-workers, who are five men and one woman. My boss treats the other woman in our group different than me but the same as the man. Does this mean that I cannot successfully claim sex discrimination?
Whistleblowers
- Can I be fired for reporting Medicare fraud?
- Do whistleblower laws protect a private company employee in Kentucky?
- What kind of disclosures or whistleblowing is covered by the Kentucky Whistleblower Act?