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
- Overtime Suit Against Olan Mills Settled
- Unpaid Overtime Sought In Class Action Suit Against Dick's Sporting Goods
- Retail Managers Settle Overtime Suit
- Kroger Managers Seek Unpaid Overtime in Class Action Suit
- Construction Workers To Receive $2.2 Million In Back Wages
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
Accidents
$3.5 Million Trucking Accident Verdict -- Kentucky Trucking Accident Lawyer
A jury verdict has awarded $3.5 million to the estate of a man killed in a trucking accident. The estate claimed that a logging truck was going too fast and had defective brakes in violation of state law. The trucking company's insurance company, Progressive Insurance, refused any settlement prior to trial.Robert L. Abell a lawyer in Lexington, Kentucky represents individuals and families killed or injured in trucking accidents.
Source: Montgomery Advertiser
Kentucky Employment Law Blog
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Lexington, KY 40507
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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?