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Category Archives: Personal Injury Law News
Total Amounts Of Medical Bills Not Relevant.
Two plaintiffs were passengers in a taxi cab when another vehicle collided with the cab and they were injured. The defendant, the driver of the other car, was convicted of fleeing the scene of an injury accident, and was sent to … Continue reading
Posted in Appellate Law News, Attorney's Fees News, Criminal Law News, Damages Law News, Legal News, Personal Injury Law News, Trial Law News
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Plaintiff Calls It A Sidewalk; City Calls It A Trail.
Plaintiff brought an action against a city after she was injured when she tripped over a protruding tree trunk while taking a walk on a sidewalk. Others called the place where she took the walk a trail, saying it was used … Continue reading
Posted in Appellate Law News, Government Law News, Legal News, Personal Injury Law News
Tagged 215 Cal.App.4th 924, action, affirmed, animal, appellate court, bicycle, bicycle path, bicyclists, camping, Caused, City, City Council, City of Bradbury, Condition, dangerous condition, designated, designed, equestrian, evidence, fence, fishing, Gov. Code, Gov.Code § 831.4(a), Government Code section 831.4, Government Code section 831.4 (a), Government Code section 831.4 subdivision (a), granted, hiking, horse, horseback riding, hunting, Immunity, injured, injuries, landscaped, landscaping, Liable, Montenegro, multiple, natural area, natural condition, over, path, pathway, paved, pedestrian, Place, Plaintiff Calls It A Sidewalk; City Calls It A Trail, protruding, public entities, public entity, purposes, Recreation, Recreational, recreational purposes, Riding, scenic, sidewalk, simulate, subdivision (a), Summary judgment, taking a walk, trail, trails, treated, tree trunk, trial court, tripped, types of vehicular riding, uncontroverted, unimproved, used, used for, walk, § 831.4(a)
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Workers Compensation Psychiatric Injury Award Annulled.
Labor Code section 3208.3, subdivision (h), states a psychiatric injury is not compensable “if the injury was substantially caused by a lawful nondiscriminatory, good faith personnel action.” In this case, the worker sustained psychiatric injury after encountering trouble at work. An agreed … Continue reading
Posted in Appellate Law News, Employment Law News, Legal News, Personal Injury Law News, Workers Compensation Law News
Tagged action, Agreed, annulled, appeals board, appellate court, award, awarded, Board, C067739, causation, Caused, compensable, compensation, compensation case, concluded, constitute, County of Sacramento, deposition, Directive, discipline, emotional, encountering, evaluator, evaluator’s, expert's opinion, factual basis, feeling, good faith, grievance, inappropriate, injury, internal affairs, Lab. Code, Lab.Code § 3208.3 (h), Labor Code, Labor Code section 3208.3, Labor Code section 3208.3 subdivision (h), lawful, leave of absence, matter, Medical, medical evidence, medical opinion, nondiscriminatory, opinion, personnel, personnel actions, psyche, psychiatric, psychiatric injury, psychiatrist, remanded, section 3208.3 subdivision (h), subdivision (h), substantial cause, substantial evidence, substantially, substantially caused, supervising, supervisor, support, sustained, termination, trouble, unsupported, work, worker, workers compensation, Worker’s Comp Psychiatric Injury Award Annulled, Worker’s Compensation Appeals Board, Worker’s Compensation Psychiatric Injury Award Annulled., § 3208.3 (h)
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Common-Fund Doctrine Applies To ERISA Health Plans.
Plaintiff, an employee of an airline, brought an action against a third party for injuries and his lawyers secured $110,000 for him. After deducting 40 % for the contingency fees, plaintiff received $66,000. The airline has a health benefits plan which … Continue reading
Posted in Employment Law News, Health Care Law News, Legal News, Personal Injury Law News, U.S. Supreme Court
Tagged 133 S.Ct. 1537, 185 L.Ed.2d 654, 29 U.S.C. § 1001, 40 %, abrogate, action, administrator, airline, airline’s, applicable contract, authorize, beneficiary, bringing, cannot, common-fund doctrine, Common-Fund Doctrine Applies To ERISA Health Plans, contingency fee, contingency fees, contract term, contract-based, Contractual, court, deducting, demanded, district court, double recovery, employee, Employee Retirement Income Security Act of 1974, entitles, equitable, equitable defenses, equitable lien, Equitable Relief, ERISA, ERISA contract, ERISA plan, Favor, formula, full amount, further proceedings, gap, general principles, govern, granted, health benefits plan, health plan, injuries, insured, insurer, judgment, lawyers, matter, McCutchen, medical bills, medical expenses, modern-day, money, override, paid, plan, promised, properly, quotation marks omitted, read, reasoning, received, Recovered, recovers, reimbursement, remanded, retain, reversed, secured, stated, subrogation, Summary judgment, Terms, Third Circuit, third party, Trump, U.S. Airways, U.S. Airways Inc., United States Supreme Court, unjust enrichment, unjustly, Vacated, “common-fund”
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Bicycle On A Sidewalk.
Plaintiff college student left college on his bicycle. At first, he traveled on the street with the vehicular traffic, then he crossed to the sidewalk against the flow of traffic on the street. As he approached a supermarket parking lot, … Continue reading
Rule Set Forth In Howell v. Hamilton Meats & Provisions, Inc. Applied During Post-Trial Motion.
As plaintiff, a disabled man, passed through the threshold of a door to exit a store, the automatic doors closed on him three or four times before he was able to pass through. When he made it through the doors, he … Continue reading
Posted in Appellate Law News, Damages Law News, Legal News, Personal Injury Law News, Trial Law News
Tagged 129 Cal.Rptr.3d 325, 215 Cal.App.4th 196, 257 P.3d 1130, 52 Cal.4th 541, actually paid, added, adjustments, Agreement, ambulance, amended judgment, amount, amount billed, amounts billed, amounts paid, appeal, appellate court, automatic doors, award, awarded, bed sore, billed, bills, cane, cap, CCP, CCP § 998, Civ.Proc., Civ.Proc. section 998, Civ.Proc. § 998, closed, Code of Civil Procedure, Code of Civil Procedure section 998, comparative negligence, concluded, contended, contributory negligence, costs, court, Court of Appeal, damages, decubitus, decubitus ulcer, diagnosed, disabled, disagreed, discharged, door, doors, double recovery, effect, entered, err, evidence, exit, expenses, failed, failure, fell, financially whole, found, fracture, fractured, fractured hip, future, ground, Hamilton Meats & Provisions, Hamilton Meats & Provisions Inc., hip, holding, hospital, Howell, impermissible, improperly, Inc. Applied During Post-Trial Motion, including, insurer, ischial, Island Pacific Supermarkets, Island Pacific Supermarkets Inc., judgment, jury, jury verdict, jury's award, leg, loss, Luttrell, Made, Man, Medi-Cal, Medical, medical expenses, medical providers, medical services, Medicare, Medicare lien, mitigate, mitigate his damages, mitigation, Motion, negligence, new trial, noneconomic, noneconomic loss, offered, paid, pass through, passed, past, past medical expenses, Patient, percent, percent reduction, personal injury, preexisting, pretrial offer, provider, providers, readmitted, recover, Recovered, reduced, reduction, reimbursement, responsible, Rule Set Forth In Howell v. Hamilton Meats & Provisions, section 998, settled, Store, store’s, supported, surgery, threshold, treating, treatment, trial, trial court, twisted, ulcer, underwent, § 998
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The U.S. Supreme Court Curtails State’s Method For Seeking Reimbursement Allocation From Third-Party Tortfeasors For Medical Expenses Paid On Behalf Of A State’s Medicaid Beneficiaries…(Could Administrative Boards Deciding Amount Of Liens Be On The Horizon?)
Baby was born with multiple birth injuries which require 12-18 hours of daily nursing care. The baby and her parents filed a medical malpractice action against the delivery doctor and the hospital where she was born. Although the plaintiffs presented … Continue reading
Posted in Damages Law News, Legal News, Malpractice Law News, Negligence Law News, Personal Injury Law News, U.S. Supreme Court
Tagged 12-18 hours, 133 S.Ct. 1391, 185 L.Ed.2d 471, 42 U.S.C. § 1396p (a)(1), action, administrative, adopt, Aldona Wos, allocate, allocating, allocation, allocations, anti-lien, anti-lien provision, approximation, arbitrary, baby, beneficiary, birth injuries, born, case-amount-won, case-by-case, categories, Claiming, claims, complies, cost, criteria, daily, damages, declaratory, deference, Delivery, designate, designated, differentiate, dividing, Doctor, E.M.A., efficient manner, escrow, estimate, evidence, ex ante, excess, federal court, federal law, federal statute, Filed, health care, hospital, injunctive relief, insurance limits, irrebuttable, judicial, jury awards, lump-sum settlements, Medicaid, Medicaid Act, Medicaid beneficiaries, Medical, medical and nonmedical expenses, medical assistance, medical care, medical expenses, medical malpractice, moneys, multiple, nonmedical, North Carolina, North Carolina Department of Health and Human Services, North Carolina’s, nursing care, one size fits all, one-third, ongoing, owed, Parents, part, placed, portion, pre-emption, presumption, program, provision, quotation marks omitted, reasonable amount, reasonable results, rebuttable presumptions, recoup, Recovered, reimbursement, require, right to recover, scheme, scheme in question, secretary, seeking, separate, separate action, settled, settlement, state, state and federal courts, state law, states, statutory, statutory presumption, statutory scheme, task, The U.S. Supreme Court Curtails State’s Method For Seeking Reimbursement From Third-Party Tortfeasors For Medical Expenses Paid On Behalf Of A State’s Medicaid Beneficiaries…(Could Administrative Boar, tort recoveries, tort recovery, tort settlement, trial court, United States Supreme Court, violated, yield
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