Blog 
Accidents
- Alcohol-Fueled ATV Accident Wrongful Death Suit Settled for $2.7 Million
- Should Insurers Cover Accidents Caused by Texting?
- Worker Injured In Kentucky Plastics Plant Explosion Dies
- 2 Year Old's Drowning Leads to $9.85 Million Verdict Against Daycare Center
- Two Killed In I-75 Crash in Grant County
Insurance Claims
- Do Insurance Companies Profit By Delaying Payment of Claims?
- Health Insurer Sued for Deceptive Sales Practices
- Farmers Group Settles Overcharging Suit for $455 Million
- Workers Compensation and Accident Claimants to Receive $72.5 Million In Settlement From The Hartford
- Anthem Settles Rate Hike Investigation for $20 Million
Employment Law
- Hospital Settles Race Discrimination Suits for $2 Million
- Panera Bread Sued for Race Discrimination In Hiring
- Race Discrimination In Hiring Case Against Pepsi Settled for $3.13 Million
- Sales Reps File Gender Bias Suit Against Quest Diagnostics
- City Employee Settles Sexual Harassment Suit for $500,000
Overtime & Wages
- Forever 21 Employees Seek Unpaid Wages & Overtime In Class Action Suit
- Tip Credit Case Against Applebee's Turned Down by Supreme Court
- $5 Million Settlement In Panera Rest Breaks and Overtime Suit
- Unpaid Wages Suit Against Tyson Settled for $32 Million
- Firefighters Sue for Overtime Pay
Kentucky Workers' Compensation
- OSHA Fine Proposed After 2 Worker Deaths
- Safety Violations Lead to $200 K Fines Following Worker's Electrocution
- Workers Compensation Claims Settled by AIG
- Work Injury Claims from Radiation Exposure Expedited
- Workers Comp Suit Against Wal-Mart Certified As Class Action
Disability Insurance
- Disability Insurance Benefits Reinstated By Court -- Lexington Disability Benefits Lawyer
- Doctor With MS Wins Suit For Disability Benefits Against Hartford Life
- Disability Insurer Tainted Claims Process By Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer
Family Safety
- Hotel Sued By Hotel Guest for Sexual Assault
- 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
Whistleblowers
- Cardiologists Charged With Bilking Medicare In Whistleblower Suit
- J & J Risperdal Whistleblower Suit Settled for $158 Million
- Pharmacist Claims Omnicare Overcharged Government In Whistleblower Suit
- Whistleblower Suit Over Misuse of Cardiology Diagnostic Drug Settled for $30 Million
- Whistleblower May Pursue RICO Claims, Court Rules
General
- Excessive Overdraft Fee Against Bank Settled for $13 Million
- Farm Workers Settle Unpaid Wages Suit
- Sex Discrimination As To Pay and Promotions At Issue In Latest Suit Against Walmart
- Call Center Employees Settle Overtime Case for $4 Million
- Train Derailment Suit Settled for $22.5 Million
Kentucky Employment Law Blog.. 
- Employer's Pretextual Reasons For Discharge Warranted Liquidated Damages for FMLA Violation, Sixth Circuit Rules
- FMLA Violated By Employee's Termination, Sixth Circuit Rules
- Kentucky Supreme Court Rules That The First Amendment Does Not Recognize Any Right to Seek Political Office
- Is Whether A Comparator Is Similarly Situated A Jury Question?
- 5th Time the Charm in Ash v. Tyson Foods? The Eleventh Circuit Reverses Itself and Allows To Stand (Partially) A 2d Jury's Race Discrimination Verdict for Plaintiff On The Court's 5th Pass At the Case
- Similarly-Situated In All Relevant Respects; The Sixth Circuit Reverses Based On the District Court's Limiting of Plaintiff's Discovery
- Who Is A Similarly-Situated Comparator? The Sixth Circuit Again Clarifies
- For How Long May Front Pay Be Awarded?
- What Must a Credit Union Whistleblower Prove In a Retaliation Case?
- RICO Claims Arise From Retaliation Against Corporate Whistleblower, Seventh Circuit Rules
Abell Law Blog..
- Should A Judge Recuse When He Owes Money to One of the Law Firms In A Case?
- Sixth Circuit Hears Appeal of Phen-Fen Lawyers, Gallion and Cunningham
- Is An Issue "Almost Too Close to Call" Ripe for Summary Judgment? "No" Rules the Kentucky Court of Appeals
- No Link Between Tort Reform and Job Growth
- Order In the Court!: Wisconsin Supreme Court Justice Accused of Choking A Colleague
- How Medicare Saves Money
- Are Claims of Defensive Medicine Also Admissions of Fraud?
- Car Safety and the Civil Justice System: Liability and Accountability Makes for Safer Cars and Protects the Public
- Is An Attorney's Fee Paid for Representation at Trial Still Payable If the Client Pleads Guilty and Does Not Go to Trial
- Rheumatoid Arthritis, Osteoarthritis and Fibromyalgia Support Disability Finding
News
FDA Whistleblowers Sue Agency For Monitoring Their Private E-Mails
Posted on 1/31/2012
Ovarian Cancer Drug Doxil Shortage To Ease By End of 2012 J & J Claims
Posted on 1/30/2012
Pilot Fired After Reporting Mechanical Problems Ordered Reinstated
Posted on 1/19/2012
All the Upper Big Branch Coal Mine Cases Have Settled
Posted on 1/18/2012
Marketing Fraud Suit Involving Risperdal Goes To Trial
Posted on 1/17/2012
Library
Accidents
- How Lawsuits Have Improved Auto Safety
- Wrongful Death In Interstate Trucking Accident
- Toyota Prius Class Action Lawsuit Complaint
- Class Action Lawsuit against Toyota in Kentucky
- Comair Crash: Court Rules Pilot Negligence "Substantial Factor"
Insurance Claims
- Do Insurance Companies Create Crises to Boost Their Profits?
- 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
- Cancer In Remission Is a Protected Disability Under the Americans With Disabilities Act
- 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
Overtime & Wages
- Working Through Lunch Breaks and Other Breaks Is the Basis of a Lawsuit for Unpaid Overtime and Wages Against CorrectCare
- 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
Kentucky Workers' Compensation
- Kentucky Workers Compensation Benefits May Be Doubled Where Employment Ends Due To Previous Work-Related Injuries Other Than Work Injury for Which Claim Is Filed
- Kentucky Workers Compensation Hip Fracture
- 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
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
- Waffle House Customer Attacked by Another Customer; Complaint for Injuries
- Mike Martin v Schutzman, et al; Joseph Schutzman Deposition
- Which nursing homes provide the best care?
- Corporate Greed Endangers American Families
- Damages For Loss of a Spouse; Surviving Spouse May Recover Damages for Lost Companionship and Consortium Rules Kentucky Supreme Court
Frequently Asked Questions
Accidents
- What do you have to prove in a Kentucky personal injury lawsuit?
- 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?
- What is the time limit to see a doctor after a car wreck?
- How long do I have to see a doctor after an accident?
- What are "um" benefits?
- Who" should "no-fault" benefits be paid to?
- Are my "no fault" benefits paid to me or to my doctor?
- When are no-fault benefits supposed to be paid?
- Are Kentucky no-fault benefits available to a driver from another state?
- What are the time limits for bringing a claim for no-fault insurance benefits?
- What types of economic losses are covered by no-fault benefits?
- What are replacement services losses covered by no-fault insurance benefits?
- What medical expenses are covered by no-fault benefits?
- What work loss is covered by no-fault benefits?
- Are no-fault benefits available where there is a death from the car wreck or accident?
- What no-fault benefits are available to cover replacement services loss where the car accident or wreck causes a death?
- Where someone is killed in a car accident or wreck, who are the survivors entitled to recover no-fault benefits?
- What are added reparation benefits?
- What types of losses are covered by added reparation benefits?
- Are deductibles allowed for no-fault benefits?
- Do I have the right to decide how to direct payment of the no-fault benefits?
- Can no-fault benefits be paid directly to my doctor?
- When does no-fault coverage apply?
- Am I entitled to no-fault benefits if I am injured in a car wreck or accident outside of Kentucky?
Who is a "basic reparation insured" entitled to no-fault benefits?
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?
- Can a car insurance company hold up a settlement offer?
- Can an insurance company hold up a settlement on one claim to try and force a lower settlement on another claim?
- Is an insurance company required to explain why it is denying a claim?
- Is an insurance company required to explain why it will not offer a reasonable settlement for a claim?
- Can an insurance company delay paying a claim and keep making a claimant provide proof of their loss over and over?
- Is an insurance company required to explain the basis or reason for its payment of a claim?
- Can an insurance company attempt to settle a claim based on an altered application when the insured did not know of the alteration?
- When is an insurance company liable for a bad faith insurance practice?
- Can an insurance company misrepresent insurance policy provisions applicable to a claim?
- Is an insurance company required to answer my questions and correspondence about an insurance claim?
- Is an insurance company required to promptly investigate a claim?
- Can an insurance company refuse to pay a claim without any investigation?
- How much time can an insurance company take to pay a claim when proof of the loss has been submitted?
- Is an insurance company required to be fair in payment or settlement of a claim?
- Is an insurance company required to act in good faith in settling a claim?
- Can my insurance company make me file a lawsuit just to collect a fair payment on my claim?
- Who are the Ten Worst Insurance Companies?
Employment Law
- What is "sex plus" discrimination?
- Can I be fired for what I say about my company on Facebook?
- Are cancer patients covered by the ADA?
- Are you protected by the ADA if you have cancer?
- Is a police officer's refusal to submit a false report activity protected by the First Amendment?
- What is an employer required to consider for a reasonable accomodation under the ADA?
- What kind of discrimination is prohibited by USERRA?
- How does USERRA protect against premature termination?
- What is the right to reemployment under USERRA?
- What are the protections under USERRA?
Who is covered by USERRA?
- Are cancer patients covered by the Americans With Disabilities Act (ADA)?
- Is cancer in remission covered by the Americans With Disabilities Act (ADA)?
- Is cancer a disability under the Americans With Disabilities Act (ADA)?
Is Chronic Fatigue Syndrome a disability?
- Can a medical leave of absence be a reasonable accomodation under the ADA?
- If I once filed a workers compensation claim, does that mean that I have a disability under the Americans With Disabilities Act?
- If I have a "permanent partial disability" under Kentucky workers compensation law, does that mean that I have a "disability" covered by the Americans With Disabilities Act?
- If I have diabetes, do I have a "disability" under the Americans With Disabilities Act (ADA)?
- Is epilepsy considered a disability under the Americans With Disabilities Act?
- If I have a work injury, does that mean that I have a "disability" within the meaning of the Americans With Disabilities Act (ADA)?
- Can a non-compete agreement be enforced against an independent contractor?
- Can I sue for racial harassment on the job?
- Does employment discrimination violate Kentucky law?
- If I'm diagnosed with cancer, do I have any protection from being fired?
- Is Chronic Fatigue Syndrome a disability under the Americans With Disabilities Act?
- Does Kentucky law prohibit age discrimination in promotions?
- What is caregiver discrimination?
- I have been diagnosed with cancer. What protections to I have to keep from being fired under the Americans With Disabilities Act?
- What is a major life activity under the Americans With Disabilities Act?
Overtime & Wages
- Are social workers exempt from overtime pay requirements?
- When is a tip-pooling arrangement illegal?
- Are police sergeants exempt from overtime pay requirements?
- Can I recover overtime compensation if my employer's records are inaccurate?
- Is all the time that a server, waiter or waitress works subject to the "tip credit" for getting their pay to minimum wage?
- Who is an employee subject to the "tip credit" for wage and hour purposes?
- Are lunch breaks paid in Kentucky?
- Is an employee entitled to take a lunch break in Kentucky?
- Can an employee waive or give up the right to be paid overtime?
- Is vacation pay considered earned wages in Kentucky?
- Can an employee in Kentucky be forced to work off the clock?
- In Kentucky is vested vacation pay considered earned wages?
- What is Kentucky law on mandatory overtime?
- 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 "admininstrative" exemption to the overtime pay requirement?
- Are per diem payments considered for purposes of calculating an overtime pay rate?
- If I get fired in Kentucky, am I entitled to my vacation pay?
- Is a loan underwriter exempt from overtime?
- Is a job that does not require an advanced degree exempt from overtime under the "professional" exemption?
- Does Kentucky law require that an employee be given a rest break?
- Does it violate any Kentucky labor laws if I'm forced to work off the clock?
- Can my employer force me to work off the clock and not pay me?
- If I work overtime and am not paid overtime, what can I do?
- Does Kentucky law require a rest break for employees?
- Are assistant managers exempt from overtime?
- What does Kentucky law say about lunch breaks for employees?
- Do I have to be paid for my unused, vested vacation pay when I leave my job?
Kentucky Workers' Compensation
- What is a permanent impairment rating under Kentucky workers compensation?
- How many days of work do I have to miss before I can get Kentucky workers compensation temporary total disability (TTD) benefits?
- What are temporary total disability (TTD) benefits under Kentucky workers compensation?
- Can a Kentucky workers compensation ALJ disbelieve or believe the testimony of any witness?
- Can a Kentucky workers compensation ALJ reject the testimony of any witness?
- Can I Receive Future Medical Treatment for my Kentucky Work Injury Even Though I Have No Permanent Impairment Rating?
- Can I be fired for being on Kentucky workers compensation?
- How long can I receive workers compensation in Kentucky?
- How do you get a jury trial in a Kentucky workers comp case?
- How do you get a jury trial for a workers comp claim in Kentucky?
- Can you sue if you get Kentucky workers compensation benefits?
- How long do I have to report a workers compensation injury in Kentucky?
- What do I do if I'm hurt on the job in Kentucky?
- How long can you wait to file a workers compensation claim in Kentucky?
- Does an employee have any protection against retaliation for filing a claim for Kentucky workers compensation benefits?
- What is the time limit to file a claim for Kentucky workers compensation benefits?
- How long do I have to file my claim for Kentucky workers compensation benefits?
- If I suffer a work injury in Kentucky, does Kentucky workers compensation compensate me for pain and suffering?
- 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 under Kentucky workers compensation law?
- If I file for Kentucky workers comp benefits at my job, will they try to fire me?
- Can I sue for damages if I'm injured at work because of my boss's negligence?
- If I am found permanent partial disability (PPD) in Kentucky workers compensation, can I still work?
- How are my Kentucky workers compensation benefits affected if I am injured and can still work but not in the same type job I was working when I was hurt?
- Can I recover any benefits or money damages for my pain and suffering on my Kentucky workers compensation claim?
- Can I be fired if I file a claim for Kentucky workers compensation benefits?
- Can I recover money for my pain and suffering on my Kentucky workers compensation claim?
- Do I get a jury trial on my claim for Kentucky workers compensation benefits?
- If my employer or its Kentucky workers compensation insurance company wants me to be examined by a doctor they choose, do I have to go?
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?
- If my doctor represents that I am disabled, will the insurance company automatically start paying me my benefits?
- If my claim is denied, will the insurance company's appeal process be fair and unbiased?
- If I have to file suit, will I win if the judge decides that the insurance company was wrong in rejecting my claim?
- What does ERISA refer to?
- If I have to file suit, will I be able to explain to the judge at trial why I am disabled and can no longer work?
Employee Benefits - ERISA
- Does an employer have any legal duties regarding an employee pension plan?
- What pension plans does ERISA cover?
- What is a fiduciary?
- What are the duties of a fiduciary of an employee pension plan?
- Who is a beneficiary?
- What are an employer's duties regarding an employee pension plan?
- What rights does a plan participant have to information about the employee pension plan?
- Other than the employer does anyone else have fiduciary obligations to an employee pension plan?
- What do I do if my employer has breached its fiduciary duty?
Family Medical Leave Act - FMLA
- Is my employer covered by FMLA?
- Do I have to specifically mention the FMLA to be entitled to leave?
- Is my employer covered by the FMLA?
- Am I eligible for leave for benefits under the FMLA?
- How much leave am I entitled to under the FMLA?
- Can my employer require me to use my accrued sick or vacation leave to cover part or all of my FMLA leave?
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?
- What is a "serious health condition" that qualifies me for FMLA leave?
- Can an employer use the taking of FMLA leave as a negative factor in a hiring decision?
- Can my employer use my taking of FMLA leave as a negative factor in an employment action?
- Is my employer allowed to retaliate against me because I took FMLA leave?
- Is my employer allowed to discriminate against me because I took FMLA leave?
- Can my employer use my taking of FMLA leave against me in a promotion decision?
- Can my employer use my taking of FMLA leave against me in taking a disciplinary action against me?
- Can my employer count my days out on FMLA leave as absences under an attendance policy?
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
- Do credit union whistleblowers have any legal protection?
- Can I be fired for reporting Medicare fraud?
- Do whistleblower laws protect a private company employee in Kentucky?
- What is the Kentucky Whistleblower Act?
- What kind of disclosures or whistleblowing is covered by the Kentucky Whistleblower Act?
General
- What is the highest impairment rating in Kentucky workers compensation?
- When is a meal break really a meal break?
- Are store managers exempt from overtime in Kentucky?
- How do I prove that my company has a "glass ceiling" for women?
- Is chronic fatigue a disability covered by the ADA?
- What is included in an employee's "regular" pay rate for purposes of calculating their overtime pay rate?
- How long do I have to file a personal injury lawsuit in Kentucky?
- What is a personal injury case?
- How do I know if I have a personal injury case?
- How long do I have to file a personal injury lawsuit?
- What is a statute of limitations?
- Do I need an expert witness?
- What happens in a lawsuit between the time the suit is filed and the time of the trial?
- What are compensatory damages?
- What all can I recover in a personal injury lawsuit?
- What are punitive damages?
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Robert Abell
120 North Upper Street
Lexington, KY 40507
Phone: (859) 254-7076
Fax: (859) 281-6541
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FAQs
Accidents
- What do you have to prove in a Kentucky personal injury lawsuit?
- 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?
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
- What is "sex plus" discrimination?
- Can I be fired for what I say about my company on Facebook?
- Are cancer patients covered by the ADA?
Overtime & Wages
- Are social workers exempt from overtime pay requirements?
- When is a tip-pooling arrangement illegal?
- Are police sergeants exempt from overtime pay requirements?
Kentucky Workers' Compensation
- What is a permanent impairment rating under Kentucky workers compensation?
- How many days of work do I have to miss before I can get Kentucky workers compensation temporary total disability (TTD) benefits?
- What are temporary total disability (TTD) benefits under Kentucky workers compensation?
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?
- If my doctor represents that I am disabled, will the insurance company automatically start paying me my benefits?
Employee Benefits - ERISA
- Does an employer have any legal duties regarding an employee pension plan?
- What pension plans does ERISA cover?
- What is a fiduciary?
Family Medical Leave Act - FMLA
- Is my employer covered by FMLA?
- Do I have to specifically mention the FMLA to be entitled to leave?
- Is my employer covered by 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
- Do credit union whistleblowers have any legal protection?
- Can I be fired for reporting Medicare fraud?
- Do whistleblower laws protect a private company employee in Kentucky?