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Showing posts with label Settlement (litigation). Show all posts
Showing posts with label Settlement (litigation). Show all posts

Tuesday, May 17, 2016

CMS Publishes Final Rule for MSP Conditional Payments Via Web Portal

This final rule, effective June 16, 2016,  specifies the process and timeline for expanding CMS' existing Medicare Secondary Payer (MSP) Web portal to conform to section 201 of the Medicare IVIG and Strengthening Medicare and Repaying Taxpayers Act of 2012 (the SMART Act).

Thursday, December 26, 2013

Federal judge rules proof of direct causation unnecessary for BP oil spill claimants

Today's post is shared from jurist.org

[JURIST] US District Judge Carl Barbier for the US District Court Eastern District of Louisiana [official website] ruled [order, PDF] on Tuesday that BP [corporate website] could not require businesses to provide proof their economic losses were directly caused by the 2010 Deepwater Horizon Oil Spill [JURIST news archive] under the terms of their prior settlement agreement. Under the $9.2 billion settlement, BP had agreed that businesses in certain geographical regions were presumed to have economic losses from the oil spill if those losses followed a specific pattern. BP had challenged those terms [Bloomberg report], arguing that businesses could only recover if their damages directly linked to the spill, and stating that spill payments had been wrongly inflated through fake claims and poorly calculated economic losses. Barbier wrote that "the delays that would result from having to engage in a claim-by-claim analysis of whether each claim is 'fairly traceable' to the oil spill...are the very delays that the Settlement, indeed all class settlements, are intended to avoid" and that not only was the framework BP previously agreed "an efficient and 'economically appropriate' method of determining causation," but that a showing of direct causation "would bring the claims administration process to a virtual standstill." BP has indicated that it will appeal the ruling. However, Barbier did side with BP on one...

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Monday, November 25, 2013

Parsippany NJ settles $54,000 workers' comp dispute with ex-construction official

Sick Leave Benefits were the subject of a $54,000 settlement where the employee received temporary disability benefits and a NJ municipality attempted to dock the employee of benefits. Today's post is shared from The Star Ledger nj.com

The township has agreed to pay its former construction official $54,063 to settle a workers' compensation dispute that surrounded sick days that were docked from his accrual bank.

"Authorities have reached a settlement agreement and release with Edward J. Corcoran, retired construction official," Councilman Paul Carifi Jr. said at the Nov. 12 council meeting.

 "He received workman's compensation, and at times he was unable to return to work. From Feb. 27 to May 31, sick-day payments were docked from his sick day accrual bank. He disputes the docking from his sick day bank. While not admitting any liability or fault, the township and Corcoran have engaged in a settlement."

Corcoran had been employed as the township's construction official since July 21, 1994, according to the Nov. 13 settlement agreement.. On Jan. 23, he was injured in a work-related incident and unable to return to work, and began receiving workers' compensation temporary disability payments, the settlement said.

On Jan. 29, Corcoran was evaluated at Concentra Urgent Care, and on Feb. 1, Concentra determined he reached maximum medical improvement — meaning treatment would no longer improve his medical condition, and benefits would be terminated.
On Feb. 26,...
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Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 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.

Wednesday, October 30, 2013

Toyota settles acceleration lawsuit after $3-million verdict

Today's post was shared by FairWarning and comes from www.latimes.com


Toyota Motor Corp.'s first loss in a sudden acceleration case, in an Oklahoma courtroom this week, could embolden attorneys nationwide who are looking to bring hundreds of similar cases.
Worse for the Japanese automaker, the verdict centered on the company's electronics, which have been a focus for plaintiffs seeking to prove safety defects in the company's cars.
Toyota on Friday confirmed that it had reached a confidential settlement in the lawsuit, which involved the fatal 2007 crash of a Camry. The settlement came hours after a jury assessed $3 million in compensatory damages but before the panel could levy a punitive award.
The verdict could provide a road map for attorneys seeking to hold the automaker liable for injuries and deaths.
Toyota has denied any safety defects in its cars, arguing that many incidents of unintended acceleration stemmed from drivers who stepped on the gas instead of the brake. But plaintiffs in the Oklahoma case successfully argued that Toyota's electronic throttle system was flawed, causing the car to speed out of control.
The 2005 Camry crashed into an embankment, severely injuring the driver, 76-year-old Jean Bookout, and killing her passenger, Barbara Schwarz.
By striking a quick settlement, the company likely sought to avoid bad publicity and damage to its reputation, said Jill Wieber Lens, a product liability expert at Baylor University Law School in Waco, Texas.
The Oklahoma defeat could increase pressure on the automaker to come up...
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