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• Employment Law
• Overtime & Wages
• Kentucky Workers' Compensation

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Robert Abell Law Library

Library Categories:

• Accidents
• Insurance Claims
• Employment Law
• Overtime & Wages
• Kentucky Workers' Compensation
• Disability Insurance
• General

Accidents:

• How Lawsuits Have Improved Auto Safety [PDF]   
  Lawsuits and litigation have caused auto companies to improve the safety design of their cars and thousands of lives have been saved.
• Wrongful Death In Interstate Trucking Accident [PDF]   
  Interstate trucking on Kentucky's interstate highways, I-75, I-64, I-65 and I-71, account for many deaths and injuries each year. If you or your family has been injured in an interstate trucking accident, contact Lexington, Kentucky accident lawyer Robert Abell at 859-254-7076.
• Toyota Prius Class Action Lawsuit Complaint [PDF]   
  Toyota Prius Class Action Lawsuit Complaint regarding alleged braking system defects.
• Class Action Lawsuit against Toyota in Kentucky [PDF]   
  Class action lawsuit filed against Toyota in federal court in northern Kentucky.
• Comair Crash: Court Rules Pilot Negligence "Substantial Factor" [PDF]   
  A federal district court judge has ruled that pilot negligence was a substantial factor in the crash of Comair flight 151 at Bluegrass Field in Lexington, Kentucky.
• A Guide To Getting Differential Diagnosis Evidence Admitted [PDF]   
  A guide to getting differential diagnosis evidence admitted was provided by the Sixth Circuit's decision in Best v. Lowe's Home Centers.
• Bicycle Accidents - Bicyclist Does Not Assume Risk of Defective Roadway - Cotty v. Southampton [PDF]   
  A bicyclist does not assume the risk of a defective roadway and may sue for her injuries and damages a New York appellate court has ruled recently in Cotty v. Southampton.
• The Importance of Uninsured Motorist (UM) Coverage Shown Again   
  Uninsured motorist insurance coverage provides benefits where you are injured in a car wreck due to someone else's negligence and they do not have any liability insurance to cover your injuries and damages. Uninsured motorist coverage may provide benefits in a hit and run situation. The Kentucky Court of Appeals ruled in Slusher v. State Farm that the family of a man killed in a work accident could recover uninsured motorist benefits on his own policy.
• Kentucky Consumer Guide To Buying Car Insurance [PDF]   
  Robert L. Abell, a personal injury and accident lawyer in Lexington, Kentucky, has written a guide that individuals and families can use in making informed decisions about their car insurance. To get a free copy contact Robert L. Abell at 859-254-7076 or toll free at 866-578-5302.

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Insurance Claims:

• Do Insurance Companies Create Crises to Boost Their Profits? [PDF]   
  A study released by Americans for Insurance Reform argues that insurance companies periodically 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.   
  When are accidental death life insurance benefits payable? When death results from some circumstance or event that an ordinary person would characterize as an accident. Lexington, Kentucky insurance lawyer Robert Abell can help you where an insurance company is wrongfully denying a claim for benefits.
• Uninsured Motorist (UM) Benefits May Be Recovered In Work Death Kentucky Court of Appeals Rules In State Farm v. Slusher [PDF]   
  The importance of uninsured motorist (UM) coverage is shown in this case, State Farm v. Slusher, where the Kentucky Court of Appeals ruled that the family of a man killed in a work accident could recover UM benefits.
• What are the Insurance companies' "Tricks of the Trade?"   
  The American Association for Justice (AAJ) has followed up its report The Ten Worst Insurance Companies in America; How They Raise Premiums, Deny Claims, and Refuse Insurance to Those Who Need It Most with a further report, this one detailing the insurance companies' most common ways and means to keep from paying claims.

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Employment Law:

• Cancer In Remission Is a Protected Disability Under the Americans With Disabilities Act   
  Cancer in remission is a disability under the Americans With Disabilities Act, a federal district court has ruled in Hoffman v Carefirst of Fort Wayne. If you have been discriminated against in your employment because of a disability, contact Lexington, Kentucky disability lawyer Robert Abell at 859-254-7076.
• 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.   
  A verdict awarding $650,000 for emotional distress damages and punitive damages against UPS was upheld by the Sixth Circuit in Fischer v. UPS. If you have suffered unlawful retaliation, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.
• $650,000 Emotional Distress & Punitive Damages Award Against UPS Upheld - Fischer v UPS [PDF]   
  A verdict awarding $650,000 for emotional distress damages and punitive damages against UPS was upheld by the Sixth Circuit in Fischer v. UPS. If you have suffered unlawful retaliation, contact Lexington, Kentucky employment lawyer Robert Abell at 859-254-7076.
• Disability Discrimination In Violation of Americans With Disabilities Act - Complaint [PDF]   
  Discrimination on account of disability and failure to reach a reasonable accommodation for qualified employee with a disability violates both the Americans With Disabilities Act and Kentucky. If you have been discriminated against based on a disability, contact Lexington, Kentucky disability discrimination lawyer Robert Abell at 859-254-7076.
• Family Medical Leave Act Complaint - Chaplin v Cobb-Vantress [PDF]   
  The Family Medical Leave Act (FMLA) makes it unlawful for a covered employer to interfere with ane employee's right to take FMLA leave or to retaliate against an employee that takes FMLA leave. If your rights under the FMLA have been violated, contact Lexington, Kentucky FMLA lawyer Robert Abell at 859-254-7076.
• Kentucky Whistleblower & Free Speech Response to Petition for Rehearing [PDF]   
  Government and public employees in Kentucky are protected by the Kentucky Whistleblower Act and by the free speech provisions in the First Amendment of the United States Constitution. Lexington, Kentucky whistleblower lawyer Robert Abell represents employees in whistleblower and free speech cases.
• Psoriatic arthritis that substantially limits walking a disability covered by Americans With Disabilities Act.   
  Psoriatic arthritis that substantially limited a flight attendant's ability to walk was a disability covered by the Americans With Disabilities Act ruled the United States Court of Appeals in the Carmona v. Southwest Airlines.
• Psoriatic Arthritis = Disability; Carmona v Southwest Airlines [PDF]   
  Psoriatic arthritis that substantially limited the ability to walk constituted a disability under the Americans With Disabilities Act ruled the Fifth Circuit in Carmona v. Southwest Airlines.
• Kentucky Whistleblower Act Applies to Cities, Appeals Court Rules [PDF]   
  The Kentucky Whistleblower Act applies to cities and municipalities, according to the ruling of the United States Court of Appeals in Melvin Kindle, et al vs. City of Jeffersontown, Kentucky. The employees were represented by Lexington, Kentucky whistleblower lawyer Robert Abell.
• Kentucky Whistleblower & Employee Free Speech Brief [PDF]   
  Kentucky Whistleblower Act and employee First Amendment free speech issues are argued in this brief filed by Lexington, Kentucky whistleblower attorney Robert Abell.
• Kentucky Whistleblower Act & Employee Free Speech Reply Brief [PDF]   
  Kentucky Whistleblower Act and public employee First Amendment free speech rights are argued in this reply brief filed with the Sixth Circuit Court of Appeals by Lexington, Kentucky whistleblower lawyer Robert Abell
• Sex discrimination, hostile work environment, retaliation complaint; Leach v. Holder [PDF]   
  Sex discrimination, hostile work environment and retaliation complaint filed in federal court: Leach v. Eric Holder, Attorney General of the United States
• Texas Tech football coach Mike Leach Lawsuit documents [PDF]   
  Mike Leach, former Texas Tech football coach, seeks compensatory, consequential and punitive damages in his lawsuit against Texas Tech University, which fired him in late December after ten highly successful years as its football coach.
• Hostile Environment In Racial Harassment Case Results in $1 Million Judgment Against Whirlpool Corporation [PDF]   
  Racial harassment creating a hostile work environment that was ignored and resulted in a physical assault has resulted in a $1 million plus judgment against Whirlpool Corporation.
• An Informal Complaint May Constitute Protected Activity For Purposes of Retaliation [PDF]   
  "Aren't you being discriminatory?" asked an employee in response to her supervisor's questions about her hearing disability. A court ruled that this type of informal complaint was protected activity for purposes of retaliation in Casna v. Loves Park, No. 07-1044 (7th Cir., July 24, 2009).
• Sexual harassment and hostile work environment; when is it unlawful? [PDF]   
  What constitutes unlawful sexual harassment and a hostile work environment? An example of an answer to this question is found in the court's decision in EEOC v. Central Wholesalers.
• Racial harassment and hostile work environment; what is it unlawful? [PDF]   
  What constitutes unlawful racial harassment and a hostile work environment based on race? An example of an answer to this question is found in EEOC v. Central Wholesalers.
• Hostile Work Environment and Racial Harassment   
  Have you been subjected to racial harassment or a hostile work environment based on your race?
• USERRA Verdict for National Guardsman Upheld -- Hance v Norfolk Southern [PDF]   
  A National Guardsman wrongfully terminated from his job because of his military service obligations sued under USERRA and the verdict awarding him $300,000 in damages was upheld by the federal appeals court.
• National Guardsman Wins USERRA Case   
  USERRA makes it unlawful to discharge an employee because of his military service obligations. $300,000 plus were awarded as damages to a National Guardsman in this USERRA case.
• Disability Discrimination - Chronic Fatigue Syndrome Found Disabling [PDF]   
  Is Chronic Fatigue Syndrome a disability under the Americans With Disabilities Act? This case, EEOC v. Chevron Phillips, ruled that its impairment to the employee's major life activities of caring for herself, thinking and sleeping made it a covered disability.
• Disability Discrimination - Chronic Fatigue Syndrome Covered By Americans With Disabilities Act [PDF]   
  Is Chronic Fatigue Syndrome a disability under the Americans With Disabilities Act? This case, EEOC v. Chevron Phillips, ruled that its impairment to the employee's major life activities of caring for herself, thinking and sleeping made it a covered disability.
• Sexual Harassment - Hostile Work Environment Created By "Locker Room" Atmosphere   
  A hostile work environment and sexual harassment can be created by a "locker room" atmosphere where sexual conduct and language is directed at and used by both men and women if a reasonable person would consider the atmosphere more offensive to women than to men the Sixth Circuit ruled in Gallagher v. CH Robinson Worldwide, Inc.
  Robert L. Abell, a lawyer in Lexington, Kentucky, represents employees in hostile work environment and sexual harassment cases. You can contact Robert L. Abell about your hostile work environment or sexual harassment case toll free at 866-578-5302.
• Sex Discrimination - Breaking the Glass Ceiling   
  What does it take to prove that a glass ceiling exists? Read this discussion of proving a glass ceiling in a sex discrimination case by Lexington, Kentucky employment lawyer Robert L. Abell.
• Sex Discrimination - Proof of the Glass Ceiling - Conti v. American Axle [PDF]   
  What is the type of proof that a "glass ceiling" exists for women? This case examines the type of evidence proving a "glass ceiling" and illegal sex discrimination.
• Sex Discrimination - Stereotyping The Male Accused of Sexual Harassment   
  A male accused of sexual harassment and stereotyped as guilty may sue for sex discrimination the court ruled in this case, Sassaman v. Gamache. Lexington, Kentucky employment lawyer Robert L. Abell discusses the perils of stereotyping and discrimination in this article.
• Disability Discrimination - Epilepsy and the Americans With Disabilities Act   
  An epileptic "regarded as" disabled and fired by his employer was awarded $475,000 in his Americans With Disabilities Act suit. Lexington, Kentucky employment lawyer Robert L. Abell discusses the case, Finan v. Good Earth Tools, Inc., in this article.
• Sex Discrimination - Male Accused of Sexual Harassment May Sue For Sex Discrimination - Sassaman v. Gamache [PDF]   
  A male accused of sexual harassment and stereotyped as guilty by his employer may sue for sex discrimination ruled the Second Circuit Court of Appeals in this case, Sassman v. Gamache.
• Disability Discrimination - Epileptic Awarded $475,000 - Finan v. Good Earth Tools, Inc. [PDF]   
  An epileptic proved disability discrimination violating the Americans With Disabilities Act and was awarded $475,000 in damages in this case.
• "Sex Plus" Discrimination: Woman Passed Over for Promotion Because of Presumed Childcare Responsibilities   
  Stereotyping and "sex plus" discrimination occurs where, for instance, an employer passes over a better qualified woman for a promotion based on the stereotype that because she is a woman she will neglect her job responsibilities in favor of her presumed child care or family responsibilities. This article by Lexington, Kentucky employment lawyer Robert L. Abell discusses a recent decision, Chadwick v. WellPoint, which involved this type of unlawful "sex plus" discrimination.
• Sexual Harassment - Hostile Work Environment Created By "Locker Room" Atmosphere - Gallagher v CH Robinson Worldwide [PDF]   
  A hostile work environment and sexual harassment can be created by a "locker room" atmosphere where sexual conduct and language is directed at and used by both men and women if a reasonable person would consider the atmosphere more offensive to women than to men the Sixth Circuit ruled in this case, Gallagher v. CH Robinson Worldwide, Inc.
• Pregnancy Discrimination Harms Perpetuated By Supeme Court   
  The Pregnancy Discrimination Act was intended to eliminate and prohibit differences in benefits, including pension benefits, based on pregnancy. The Supreme Court's decision in AT & T v. Hulteen disregards this intention and perpetuates the decades-long harms of pregnancy discrimination.
• FMLA Violated By Retroactive Termination of Medical Insurance   
  Robert L. Abell is an employment lawyer in Lexington, Kentucky that represents employees whose rights under the Family Medical Leave Act (FMLA) have been violated. It is a violation of the FMLA for an employer to interfere with an employee's exercise of his or her rights under the FMLA and for an employer to retaliate against an employee for using their rights under the FMLA.
• There You Go Again: Admissibility of Other Bad Act Evidence Under KRE 404(b) [PDF]   
  Lexington, Kentucky employment lawyer Robert L. Abell published this article in The Advocate, the official publication of the Kentucky Justice Association, regarding how acts of discrimination directed at others can prove an individual employee's own discrimination claim.
• Race Discrimination - Discrimination Based On Advocacy For or Association With Co-Employee of Different Race Is Unlawful - Barrett v Whirlpool Corporation [PDF]   
  Discrimination against an employee based on their advocacy for or association with another employee of a different race is unlawful. In this case, Barrett v. Whirlpool Corporation, the Sixth Circuit Court of Appeals rules that the degree of advocacy or association is unimportant.
• Sex Discrimination: Mother of Four Denied Promotion Subjected to "Sex Plus" Discrimination in Chadwick v. WellPoint [PDF]   
  This case, Chadwick v. WellPoint, involves unlawful "sex plus" discrimination and stereotyping. A better qualified woman candidate for a promotion was passed over based on the stereotypical assumption that becuase she was a woman she would neglect her job duties in favor of her presumed childcare and family responsibilities.
• Age Discrimination - Wells v Columbia Gas; Amended Complaint [PDF]   
  Robert L. Abell, an employment lawyer in Lexington, Kentucky, represents employees in wrongful termination, discrimination, overtime, wage and hour and other types of employment cases. This is an amended complaint for a Columbia Gas employee who was fired after 38 years on the job.
• Age Discrimination - Wells v. Columbia Gas; Jury Verdict Awarding Damages [PDF]   
  James Wells sued Columbia Gas for age discrimination when he was terminated after more than 38 years employment. He was represented by Robert L. Abell. This is the jury verdict awarding him $165,377 in damages including $50,000 in punitive damages.
• Age Discrimination - Wells v. Columbia Gas - Brief to Kentucky Court of Appeals [PDF]   
  This is a brief to the Kentucky Court of Appeals to uphold a jury verdict in Fayette Circuit Court that awarded James Wells $165,377 in his age discrimination case against Columbia Gas. The appeals court upheld the verdict.
• Age Discrimination - Wells v Columbia Gas - Kentucky Court of Appeals Opinion [PDF]   
  James Wells won his age discrimination case against Columbia Gas in Fayette Circuit Court and was awarded damages of $165,377. This is the opinion of the Kentucky Court of Appeals upholding the jury's verdict.
• Age Discrimination - Wells v. Columbia Gas - Memo For Attorney's Fees [PDF]   
  Robert L. Abell, an employment lawyer in Lexington, Kentucky, represents employees in age discrimination, wrongful termination, discrimination, overtime, wage and hour and other employment law cases. James Wells, who was represented by Robert L. Abell in this age discrimination case against Columbia Gas, had the jury find in his favor. Attorney's fees were also awarded to Mr. Wells.
• Kentucky Workers Compensation Retaliation - Judgment Awarding Damages & Punitive Damages [PDF]   
  Under Kentucky law it is unlawful for an employer to retaliate against an employee that is pursuing or has indicated he intends to pursue workers compensation benefits. In this case, Kenneth Casey, represented by Robert L. Abell, an employment lawyer in Lexington, Kentucky, was awarded by a jury back pay, compensatory damages, punitive damages and attorney's fees totaling $140,789.52.
• Workers Compensation Retaliation, Malicious Prosecution & Abuse of Process - Isham v. ABF Freight Systems - Complaint [PDF]   
  Although it violates Kentucky law to to terminate or retaliate against an employee because he has sought workers compensation benefits, Jeff Isham was fired after he sustained a work-related injury and prevsiled on his claim. Even worse his employer criminally charged him and then tried to get him to agree to resign in exchange for having the criminal charge dropped. Robert L. Abell represented Jeff Isham in both his criminal and in this case claiming wrongful retaliation, abuse of process and malicious prosecution.
• Workers Compensation Retaliation, Malicious Prosecution & Abuse of Process - Isham v. ABF Freight Systems - Kentucky Court of Appeals Opinion [PDF]   
  This is a decision by the Kentucky Court of Appeals reinstating a lawsuit for workers compensation retalation, abuse of process and malicious prosecution. Robert L. Abell represented the plaintiff, Jeffrey A. Isham.
• Age Discrimination - Wells v. Columbia Gas - "Columbia Gas Held Guilty of Age Bias" - Lexington Herald-Leader [PDF]   
  James Wells, represented by Lexington, Kentucky employment lawyer Robert L. Abell, was awarded by a jury $165,377 in an age discrimination case.
• Sex Discrimination & Retaliation Complaint - Massarone v. Lexington-Fayette Urban County Government [PDF]   
  This is a complaint pleading claims of sex discrimination and retaliation by a former police officer.
• Sex Discrimination, Retaliation & Aiding and Abetting Discrimination Amended Complaint - Massarone v. Lexington-Fayette Urban County Government [PDF]   
  This is an amended complaint for claims of sex discrimination, retaliation and aiding and abetting discrimination.
• Workers Compensation Retaliation - Works v. LexTran - "Dismissed LexTran Driver To Return To Work Monday"; Lexington Herald-Leader, October 14, 1995 [PDF]   
  It violates Kentucky law for an employer to terminate or retaliate against an employee that suffers a work-related injury and pursues workers compensation benefits. Robert L. Abell, an employment and workers compensation lawyer in Lexington, represented Boyce Works, who was awarded damages and punitive damages by a jury and was reinstated to his job as this article reports.
• Sex Discrimination & Retaliation - Massarone v. Lexington-Fayette Urban County Government - "Attorney: Claim Not Weakened In Walsh Case"; Lexington Herald-Leader, March 13, 2003 [PDF]   
  Robert L. Abell, an employment lawyer in Lexington, Kentucky, represented a former police officer, Melinda Massarone, in a case involving sex discrimination and retaliation that garnered a number of stories in the Lexington Herald-Leader. This article regards a pretrial hearing on an evidence issue.
• Whistleblower - Barton v. LexTran - "Ex-LexTran Worker Sues Over Dismissal"; Lexington Herald-Leader, March 17, 1999 [PDF]   
  This story reports on the lawsuit by Earl Barton that he was dismissed in retaliation for whistleblowing on safety violations.

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Overtime & Wages:

• Working Through Lunch Breaks and Other Breaks Is the Basis of a Lawsuit for Unpaid Overtime and Wages Against CorrectCare [PDF]   
  Being forced to work through lunch breaks and meal breaks is the basis of a lawsuit for unpaid overtime and wages against CorrectCare in Kentucky. If you have been forced to work through lunch breaks and meal breaks and not been paid, contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.
• Kroger Managers File Class Action Overtime Lawsuit [PDF]   
  Misclassification of employees as exempt from overtime is one of the most common violations of employment and overtime laws. Kroger managers have filed a class action lawsuit claiming they were misclassified as exempt from overtime. If you have been misclassified as exempt from overtime, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.
• Pharmaceutical Sales Reps Not Exempt from Overtime Pay Requirements - In Re Novartis Wage & Hour Litigation [PDF]   
  Pharmaceutical sales reps for Novartis are not exempt from overtime compensation requirements, the Second Circuit has ruled. Sales reps do not actually complete sales and are not exempt from overtime pay requirements either as outside sales reps or under the admininstrative exemption. If you have been misclassified as exempt from overtime or not paid the overtime compensation due you, contact Lexington, Kentucky overtime lawyer Robert Abell at 859-254-7076.
• Complaint for Unpaid Wages - Vested Vacation Pay [PDF]   
  Vested vacation pay is deemed part of an employee's wages under Kentucky wage and hour law. If you have not been paid the wages you have earned, contact Lexington, Kentucky unpaid wages lawyer Robert Abell at 859-254-7076.
• Unpaid Overtime and Wages Class Action Suit Against Bank of America [PDF]   
  It is a violation of federal and Kentucky state overtime and wage and hour law if non-exempt employees are not paid overtime, are forced to work off the clock, are forced to work during required rest and meal breaks and are not paid for their vested vacation pay. If you have not been paid the overtime or wages due you, please contact Lexington, Kentucky wages and overtime lawyer Robert Abell at 859-254-7076.
• Are Mortgage Loan Officers Exempt from Overtime Pay Requirements? [PDF]   
  Mortgage loan officers may not be exempt from overtime pay requirements according to a United States Department of Labor interpretive ruling issued March 24, 2010.
• The Executive, Administrative and Professional Exemptions to the Overtime Requirement [PDF]   
  Misclassification of employees as exempt from overtime requirements under the administrative, executive or professional exemptions to the overtime requirement is a common and frequent violation of overtime laws. If you believe you have been misclassified and denied overtime pay contact Lexington, Kentucky overtime lawyer Robert L. Abell
• Misclassification of Employees and Overtime Requirements   
  Misclassification of employees as exempt from overtime requirements is a common violation of both federal and Kentucky state law. Have you been denied overtime because your job is deemed to fall under the "professional" exemption? If you feel your job has been misclassified and you have been denied overtime, contact Lexington, Kentucky overtime lawyer Robert L. Abell.
• Loan underwriters Are Entitled to Overtime; The Administrative Exemption Does Not Apply   
  Are loan underwriters entitled to overtime compensation? Yes is the answer where they apply loan eligibility criteria to generate loan business for a financial institution.
• Wage Class Action Under RICO Approved - Kentucky Employment Lawyer [PDF]   
  Can workers sue for reduced or depressed wages where the employer systematically hires undocumented workers/illegal aliens? This lawsuit approves a class action under RICO for triple damages, Williams v. Mohawk Industries.

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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 benefits may be doubled where employment ends due to previous work-related injury, even if different work injury than one for which Kentucky workers compensation benefits claim is filed. If have suffered a Kentucky work injury, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.
• Kentucky Workers Compensation Hip Fracture [PDF]   
  Kentucky workers compensation provides for payment of medical bills and income benefits for permanent partial or full disability. If you have suffered a work injury in Kentucky, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.
• Employee's Commute To Work Within Course of Employment Under Kentucky Workers Compensation Law - Fortney v. Airtran Airways [PDF]   
  A work injury sustained while commuting to work can be covered by Kentucky workers compensation law. If you have suffered a work injury and have a Kentucky workers compensation claim, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.
• Kentucky Workers Compensation; Back Injury - Land v Frito-Lay Opinion and Award [PDF]   
  Kentucky workers compensation benefits including income benefits and medical bills are available to Kentucky workers that suffer a work injury. If you have suffered a work injury and have questions about your Kentucky workers compensation benefits, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.
• Kentucky Workers Compensation Back Injury; Opinion & Award -- Archer v Back Construction [PDF]   
  Kentucky workers compensation benefits are available for Kentucky workers that suffer a work injury. If you have sustained a work injury or have questions about your Kentucky workers compensation benefits, contact Lexington, Kentucky workers compensation lawyer Robert Abell at 859-254-7076.
• Recovery of Damages Against a Co-Worker For Injuries Sustained on the Job [PDF]   
  Can damages be recovered in a personal injury suit for injuries sustained on the job? The exclusive remedy doctrine to Kentucky workers compensation benefits usually bars such recovery against the employer and co-employees as is illustrated in this decision by the Kentucky Court of Appeals, Helton v. Tri-County Cycles.
• Recovery of Workers Compensation Benefits Not Barred by Recovery of Damages in Injury Suit Against Third-Party [PDF]   
  Can workers compensation benefits be recovered where personal injury damages have been recovered from a third party? The answer is Yes, as the Kentucky Court of Appeals explained in this decision, Wal-Mart v Wells, but the injured worker cannot make a double recovery.
• Are doctors that examine injured persons for an insurance company or corporation fair? Dorothy Clay Sims wrote a book about it, "Exposing Deceptive Defense Doctors." Robert Abell reviewed it for the Kentucky Justice Association publication, The Advocate. [PDF]   
  One of the tricks that insurance companies use is hiring doctors to give opinions that are then used to wrongly deny claims.
• Worker Injured In Fall Entitled To Benefits -- Vacuum Depositing v Dever [PDF]   
  Are injuries a worker suffers from an unexplained fall on the job covered by workers compensation? When the cause of a workplace fall is unexplained, it is presumed to be work-related and the injured worker is entitled to workers compensation benefits.
• Injured Worker's Negligence Claim Not Barred By Workers Comp -- Labor Ready v Johnston [PDF]   
  Is an injury claim arising from the negligence of a temp service employee barred by the workers compensation exclusive remedy doctrine? "No" answered the Kentucky Supreme Court in Labor Ready v. Johnston, 2007-SC-149-DG.
• Workers Compensation - Injured Workers Denied Benefits May Pursue RICO Claims - Brown v Cassens Transport [PDF]   
  The Sixth Circuit appeals court ruled in this case that injured workers denied their workers compensation benefits by the fraudulent actions of their employer, claims administrators and doctors may file suit and seek treble damages under the federal racketeering law, RICO.
• Remedies For Injured Workers Denied Workers Compensation Benefits   
  Robert L. Abell, Lexington, Kentucky workers compensation lawyer, tells how injured workers fraudulently denied workers compensation benefits may pursue remedies under federal racketeering law.
• Injured Workers May Pursue a Civil RICO Claim Based On An Enterprise Denying Them Workers' Compensation Benefits (published in The Advocate by the Kentucky Justice Association) [PDF]   
  Robert L. Abell, Lexington, Kentucky workers compensation lawyer, discusses how injured workers fraudulently denied workers compensation benefits can pursue remedies under the federal racketeering law.

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Disability Insurance:

• Disability Benefits Terminated? Did the Insurance Company consider your doctors' opinions and evaluations?   
  Have your disability benefits been 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 [PDF]   
  Have your disability insurance benefits been terminated? Did the insurance company consider the opinions of your treating doctor? Federal law requires an insurance company to consider the opinions of a claimant's treating doctors.
• Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and Capricious [PDF]   
  Has your claim for disability insurance benefits been denied? Did your insurance company hire some doctor to review your file and say you were not disabled? Did the insurance company consider why your doctor says you cannot work? Do you need an experienced disability insurance benefits lawyer?
• Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court Rules   
  Has your claim for disability insurance benefits been denied? Did the insurance company hire some doctor to review your file and say you were not disabled? Did the insurance company consider why your doctor says you are disabled and cannot work? Do you need to find an experienced Kentucky disability insurance benefits lawyer? Call Robert L. Abell in Lexington, Kentucky.
• Ignoring and Fabricating Evidence: The Hartford Life Claims Process   
  Can a disability insurance company ignore evidence supporting the claim of disability? Can a disability insurance company fabricate evidence supporting its denial of a claim for disability benefits? No says the court in Bloom v. Hartford Life, a case which illustrates the disability claims process of Hartford Life.
• Termination of Disability Benefits Reversed -- Kramer v Paul Revere Life Insurance Company [PDF]   
  The termination of disability benefits by Paul Revere Life Insurance Company and Provident Life and Accident Insurance Company (now both part of Unum) payable to a OB/GYN was reversed and benefits reinstated by the court in Kramer v. Paul Revere Life Insurance Company.
• Doctor With Multiple Sclerosis Wins Disability Benefits From Hartford Life - Bloom v Hartford Life [PDF]   
  A doctor with multiple sclerosis prevailed in her suit for disability benefits against Hartford Life and Accident Insurance Company. The Sixth Circuit Court of Appeals, which covers Kentucky, ruled that Hartford Life was arbitrary and capricious in denying her claim.
• Termination of Disability Benefits By Paul Revere and Provident Reversed   
  The termination of disability benefits, which had been paid for some five years, by Paul Revere Life Insurance Company and Providence Life and Accident Insurance Company was reversed by the Sixth Circuit in Kramer v. Paul Revere Life Insurance Company.
• Disability Insurance - Hartford Life Has Paid $13 Million To University Disability Consortium Since 2002 [PDF]   
  Hartford Life has paid University Disability Consortium $13 million since 2002 for so-called independent medical evaluations on long-term disability claims. A federal district court ruled that, in view of this financially advantageous relationship, it would view UDC's opinions with "commensurate skepticism."
• Disability Insurer Tainted Claims Process by Providing Negative, Unfounded Information About Claimant to Medical Records Reviewer - DeLisle v. Sun Life [PDF]   
  This is a court opinion ruling that an disability insurance company tainted consideration of the claim by providing negative and unfounded information about the claimant to a medical records reviewer.
• Disability Insurance - Lyman Powell v Hartford Life - Motion To Take Discovery on Relationship Between Hartford Life and University Disability Consortium [PDF]   
  This is a motion to take discovery and find out the details of the relationship between Hartford Life disability insurance company and the University Disability Consortium. Hartford Life suddenly ended payment of disability insurance benefits to Lyman Powell, who was represented by Robert L. Abell, based on an opinion from University Disability Consortium.
• Disability Insurance - Lyman Powell v Hartford Life - Reply Memo re University Disability Consortium [PDF]   
  This is a law memo filed in federal court to take discovery and find out the details of the relationship between Hartford Life disability insurance company and the University Disability Consortium. Hartford Life suddenly ended payment of disability insurance benefits to Lyman Powell, who was represented by Robert L. Abell, based on an opinion from University Disability Consortium.
• Disability Insurance - Lyman Powell v Hartford Life - Federal District Court Opinion Ordering Discovery on Relationship Between Hartford Life and University Disability Consortium [PDF]   
  The federal district court in this opinion granted the motion filed by Robert L. Abell on behalf of Lyman Powell to take discovery and find out the details of the relationship between Hartford Life disability insurance company and the University Disability Consortium. Hartford Life suddenly ended payment of disability insurance benefits to Mr. Powell based on an opinion from University Disability Consortium.

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General:

• Waffle House Customer Attacked by Another Customer; Complaint for Injuries [PDF]   
• Mike Martin v Schutzman, et al; Joseph Schutzman Deposition [PDF]   
• Which nursing homes provide the best care? [PDF]   
  Which nursing homes provide the best care? This report by the federal Government Accounting Office will help you and your family know what to look for, what questions to ask and what to avoid in selecting a nursing home for a family member or loved one.
• Corporate Greed Endangers American Families [PDF]   
  This is a report by the American Association for Justice, "They Knew And Failed To," which highlights numerous instances of corporate greed endangering and harming Americans and their families by engaging in negligent conduct, knowing about it, and failing to tell the public in order to increase profits. The report includes examples from many industries including medical devices, pharmaceuticals, consumer products, food safety and automobiles.
• Damages For Loss of a Spouse; Surviving Spouse May Recover Damages for Lost Companionship and Consortium Rules Kentucky Supreme Court   
  What damages can be recovered for loss of one's spouse? The Kentucky Supreme Court ruled recently that a surviving spouse can recover damages for the lost companionship and consortium of the deceased spouse. Lexington, Kentucky attorney Robert Abell discusses the Supreme Court's decision in Martin v. Ohio County Hospital Corporation.
• Mike Martin v Joseph Schutzman - No Probable Cause to Arrest and Charge With Crime [PDF]   
  An arrest and the filing of a criminal charge without probable cause is malicious prosecution and a violation of constitutional rights.
• Lawsuit Filings From Kentucky Administrative Office of Courts: FY 2001 - 2008 [PDF]   
• ERISA - Archer v. Radio-Electronic Company - Amended Complaint Seeking Monies in Profit-Sharing Plan Account [PDF]   
  This is an amended complaint filed by Robert L. Abell on behalf of three beneficiaries to a profit-sharing plan account maintained in a plan governed by ERISA.
• Tortious Interference With Business Relationships - Prime Contracting, et al v. Wal-Mart - Federal District Court Opinion [PDF]   
  Prime Contracting, Inc. and Complete Contracting, LLC sued Wal-Mart for wrongfully causing general contractors of Wal-Mart and Sam's Club construction projects to cancel their contracts with Prime and Complete. The federal district court in this opinion explains in this opinion the cases of Prime and Complete for tortious interference with business relationships.
• Tortious Interference With Business Relationships - Prime Contracting, et al v. Wal-Mart - Complaint [PDF]   
  Prime Contracting, Inc. and Complete Contracting, LLC sued Wal-Mart for wrongfully causing general contractors of Wal-Mart and Sam's Club construction projects to cancel their contracts with Prime and Complete. This the complaint filed on their behalf by Robert L. Abell.
• Americans With Disabilities Act - "Disabled Lexington Man Sues Richmond"; Lexington Herald-Leader, September 30, 1992 [PDF]   
  The Americans With Disabilities Act requires cities and other public entities to make their buildings and facilities accessible to the disabled. Robert L. Abell represented David Miller in this suit against the City of Richmond, Kentucky seeking to compel it to beging the process of making its buildings and facilities accessible.
• Americans With Disabilities Act - "City Ordered To Meet Needs of Disabled"; Richmond Register, August 6, 1993 [PDF]   
  The Americans With Disabilities Act requires cities and other public entities to make their buildings and facilities accessible to the disabled. Robert L. Abell represented David Miller in this suit against the City of Richmond, Kentucky seeking to compel it to beging the process of making its buildings and facilities accessible. The federal district court entered a consent decree ordering the city to comply with the ADA.
• Americans With Disabilities Act - "City Sued For Handicap Access Plan"; Richmond Register, September 30, 1992 [PDF]   
  The Americans With Disabilities Act requires cities and other public entities to make their buildings and facilities accessible to the disabled. Robert L. Abell represented David Miller in this suit against the City of Richmond, Kentucky seeking to compel it to beging the process of making its buildings and facilities accessible.
• Americans With Disabiliites Act - "Man Settles Suit Against Richmond"; Lexington Herald-Leader, July 29, 1993 [PDF]   
  The Americans With Disabilities Act requires cities and other public entities to make their buildings and facilities accessible to the disabled. Robert L. Abell represented David Miller in this suit against the City of Richmond, Kentucky seeking to compel it to beging the process of making its buildings and facilities accessible. The federal district court entered a consent decree ordering the city to comply with the ADA.
• Asbestos Exposure - Perkins v. Serv-Air; Amended Complaint for Workers and Families Exposed to Asbestos [PDF]   
  Exposure to asbestos both direct and second-hand can cause a number of very serious health problems including cancer, mesothelioma and asbestosis. Robert L. Abell, a personal injury lawyer in Lexington, Kentucky, filed this suit for workers exposed to asbestos on the job and family members exposed to asbestos on their family members' work clothes.
• Asbestos Exposure - Perkins v. Serv-Air; Memorandum [PDF]   
  Exposure to asbestos both direct and second-hand can cause a number of very serious health problems including cancer, mesothelioma and asbestosis. Robert L. Abell, a personal injury lawyer in Lexington, Kentucky, filed this memorandum in Fayette Circuit Court on behalf of his clients, workers exposed to asbestos on the job and family members exposed to asbestos on their family members' work clothes.
• Landreth v. Reddy - "Bank Officials Sued for Defamation"; Richmond Register, August 20, 1994 [PDF]   
  The Richmond Register reports on the defamation lawsuit filed by Robert L. Abell on behalf of John Landreth against officials at the Richmond Bank.
• Lexington Public Library v. Clark - Brief to Kentucky Supreme Court Regarding Application of Attorney-Client Privilege [PDF]   
  This is a brief filed by Robert L. Abell with the Kentucky Supreme Court which ruled in favor of his client that the attorney-client privilege does not protect from disclosure certain documents and information that the Lexington Public Library had refused to produce in a sex discrimination lawsuit.
• Herrington v. Baptist Healthcare System - Memorandum Regarding Crime-Fraud Exception to Attorney-Client Privilege [PDF]   
• Archer v. Radio-Electronic Company - Memorandum Opposing Motion To Dismiss ERISA Suit for Monies in Profit-Sharing Plan Account [PDF]   
• Wheeler v. Lexington-Fayette Urban County Council - "Suit Against City Valid, Judge Finds"; Lexington Herald-Leader, June 26, 1997 [PDF]   
  Robert L. Abell represented members of a citizens group in this lawsuit, Wheeler v. Lexington-Fayette Urban County Council, regarding certain contracts between LFUCG and the Fayette County Clerk and between LFUCG and the former Fayette County Jailer.
• Michael Martin v. Joseph Schutzman, et al - "Villa Hills Councilman Sues, Says He Was Arrested After Questioning Cop"; Cincinnati Enquirer, June 10, 2008 [PDF]   
• "Voter Who Wants To Switch Parties For Primary Joins Challenge To Election Law"; Lexington Herald-Leader, February 21, 1995 [PDF]   
  Robert L. Abell represented clients, Robert Gable and Darrell Sebastian, in a lawsuit challenging Kentucky's campaign finance and election law.

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