A severe injury can result in lost time from work, ongoing medical expenses, permanent disability, and other losses that can significantly affect the rest of a victim’s life. Our library articles guide injury victims through their claims, helping them understand their liability, learn how to gather evidence, and navigate the complexities of a personal injury case.
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Damages For Loss of a Spouse; Surviving Spouse May Recover Damages for Lost Companionship and Consortium Rules Kentucky Supreme CourtWhat 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.
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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.One of the tricks that insurance companies use is hiring doctors to give opinions that are then used to wrongly deny claims.
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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?
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Disability Benefits Terminated? An Insurance Company's Failure to Consider Treating Doctor's Opinions Violates Federal Law - Love v. National CityHave 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.
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Termination of Disability Insurance Benefits By Sun Life Ruled Arbitrary and CapriciousHas 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?
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Termination of Disability Insurance Benefits by Sun Life Was Arbitrary and Capricious, Court RulesHas 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.
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An Informal Complaint May Constitute Protected Activity For Purposes of Retaliation"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).
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Sexual harassment and hostile work environment; when is it unlawful?Lexington, Kentucky sexual harassment lawyer Robert Abell discusses in this article what constitutes unlawful sexual harassment and a hostile work environment.
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Racial harassment and hostile work environment; what is it unlawful?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.
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Hostile Work Environment and Racial HarassmentHave you been subjected to racial harassment or a hostile work environment based on your race?
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Mike Martin v Joseph Schutzman - No Probable Cause to Arrest and Charge With CrimeAn arrest and the filing of a criminal charge without probable cause is malicious prosecution and a violation of constitutional rights.
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Ignoring and Fabricating Evidence: The Hartford Life Claims ProcessCan 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.
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A Guide To Getting Differential Diagnosis Evidence AdmittedA guide to getting differential diagnosis evidence admitted was provided by the Sixth Circuit's decision in Best v. Lowe's Home Centers.
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Termination of Disability Benefits Reversed -- Kramer v Paul Revere Life Insurance CompanyThe 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.
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Doctor With Multiple Sclerosis Wins Disability Benefits From Hartford Life - Bloom v Hartford LifeA 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.
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Worker Injured In Fall Entitled To Benefits -- Vacuum Depositing v DeverAre 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.
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Termination of Disability Benefits By Paul Revere and Provident ReversedThe 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.
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Injured Worker's Negligence Claim Not Barred By Workers Comp -- Labor Ready v JohnstonIs 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.
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USERRA Verdict for National Guardsman Upheld -- Hance v Norfolk SouthernA 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.
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National Guardsman Wins USERRA CaseUSERRA 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.