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Showing posts with label Rhode Island. Show all posts
Showing posts with label Rhode Island. Show all posts

Monday, March 25, 2019

Bard Hernia Mesh Litigation Heads for Trial


Trial dates have now been scheduled in the C.R. Baird hernia mesh litigation pending in Rhode Island state court. The first of over 7,000 cases will be advancing in the courtroom with the first trial commencing in July 15, 2019. Thereafter, 5 cases per month will be listed for hearing. 

Sunday, July 6, 2014

12 states now have plans for a minimum wage of $9 or more

Map of minimum wage rates in the United States...
Map of minimum wage rates in the United States. See List of U.S. minimum wages. (Photo credit: Wikipedia)
Wages govern rates of workers' compensation. They define the premium cost as well as he benefit structure. Today's post was shared by Steven Greenhouse and comes from m.washingtonpost.com


Rhode Island on Thursday joined 11 other states that plan to raise their minimum wage to at least $9 over the next several years.

At the start of next year, the state minimum wage will rise a buck to $9 an hour, according to a new measure Gov. Lincoln Chafee (D) signed into law on Thursday.

Only three states currently have a minimum wage of at least $9. Washington’s is highest at $9.32, followed by Oregon’s minimum wage at $9.10. California’s rose to $9 earlier this week. When Rhode Island’s new rate goes into effect, it will be joined by three others: the minimum wage in Massachusetts will rise to $9, while that in Vermont and Connecticut will jump to $9.15. In all but three — Minnesota, Michigan and New York — the minimum wages will be above $10.

By 2018, 12 states will have reached or surpassed the $9 level. Ten states and D.C. have enacted increases this year alone, according to a list maintained by the National Conference of State Legislatures. The states are: Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Rhode Island, Vermont and West Virginia. Many more — 34 states — have considered doing so, according to the NCSL.
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Thursday, December 19, 2013

Ruling in California case may prompt new lawsuits over lead paint

The recent $1.1 Billion judgment against the lead paint  companies in California for creating a public nuisance may have widespread impact across the nation. Workers' hired to implement the remediation effort will have to be adequately educated concerning safety procedure to avoid lead poisoning. The today's post is share from kansascity.com  .

Paint makers could face a surge of lawsuits after a California state court judge ordered three companies to pay $1.1 billion to help government agencies get rid of lead from an estimated 5 million homes in the state.
The ruling, while preliminary, was a rare loss for an industry that had turned back some 50 lawsuits filed nationwide over the last 25 years by public agencies seeking billions of dollars to remove lead-based paint from homes built before the federal government banned the product from the U.S. market in 1987.
"The California ruling is certainly a significant development," said David Logan, a class action expert and dean of Roger Williams University Law in Rhode Island. "If it gets upheld, it will open a new path to victory for public agencies."
Lisa Rickard, president of the U.S. Chamber of Commerce's Institute for Legal Reform, predicted "a surge of frivolous lawsuits" because of Monday's ruling, which the industry plans to appeal.
Exposure to lead is linked to learning disabilities and other health problems, especially among poor children living in older dwellings. The Centers for Disease Control...
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Wednesday, July 20, 2011

The Setoff Nightmare: The Pension Well Runs Dry

Over the past decades of reform, legislatures throughout the United States have established rules and regulations to offset pensions from workers' compensation benefits chasing off potential claims. Now faced with economic stress, public entities are following the path of private companies, and about to default on pension payments.


The NY Times reports today that a town in Rhode Island has asked 19,000 pension beneficiaries to forgo their pension benefits. The program is called, "The Big Ask."


The consequences are severe. The claimants who failed to file for workers' compensation benefits because they were scarred off by potential bankruptcy setoffs from their workers' compensation awards, and now being left out in the cold. Injured workers are now barred by the statute of limitations from collection compensation. 


Legislatures must consider this adverse consequence. Modifications in State laws are now required to protect workers from this contingency. Laws should be modified to permit a tolling of the statute of limitations so that workers in the future will not be asking why their rights for workers' compensation benefits were stolen.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Tuesday, July 12, 2011

Workers Compensation, Pensions and Bankruptcy

The rush to offset everything from workers compensation awards, including pensions, may cause some injured workers, to their longterm detriment, not to pursue a compensation claim. Should the pension be compromised in the future for lack of funding, as what is happening in a municipality in Rhode Island, then the injured worker maybe unable to seek workers' compensation because of a waiver for failing to file a claim originally. Injured workers and the attorneys may need to rethink their strategy for workers compensation.