Robinson vs. Electric Boat Date Issued: February 15, 2017 Russell J. Robinson vs. Electric Boat Corporation (self-insured); Director, Office of Workers’ Compensation Programs, United States Department of Labor See: https://www.dol.gov/brb/decisions/lngshore/published/16-0369.htm The Parties Russell Robinson was a welder for Electric Boat about four decades ago. He was a smoker and he also suffered exposure to asbestos while working for Electric Boat. Electric Boat is a subsidiary of General Dynamics and has a history dating back to 1899. The company has a shipyard in Groton, Connecticut, an outfitting facility in Quonset Point, Rhode Island, and it also has an engineering building in New London, Connecticut. The company makes submarines, including nuclear powered subs. The Director of the Office of Workers’ Compensation Programs, United States Department of Labor has intervened as a party in this case because of the questions of Workers’ Compensation and the fact that Mr. Robinson did make a claim under it. The Facts Mr. Robinson worked for Electric Boat as a welder in the 1970s. Afterwards, he worked for other, non-covered employers and he retired voluntarily. Robinson was exposed to asbestos during the course of his employment with Electric Boat. In 2009, he was diagnosed with stage IIIB non-small cell carcinoma of the right lung. Thereafter, in August of 2010, Mr. Robinson filed a claim for benefits under the Connecticut workers’ compensation law. In January
Thank you for the signed retainer with our firm to handle your Workers’ Compensation Medical Provider Applications. The Workers’ Compensation Court allows us to recover for authorized and emergency treatment on behalf of your patients through the Workers’ Compensation Court. In our experience, most of these cases have been resolved amicably with the insurance carrier. However, there are various issues that we encounter as a part of our representation of Medical Providers in Workers’ Compensation Court.
Jeffery Calkin, the defendant, leased a vehicle for our client, Sage Rent-A-Car Inc., and was involved in a car accident with the plaintiff, Jane White. A negligence suit was filed by Ms. White against Mr. Calkin and our client, Sage Rent-A-Car Inc. The suit claims that our client is required to carry insurance and therefore has a duty to assume responsibility for this accident under the provisions of the Mandatory Financial Responsibility Act (MFRA).
This appeal involves a dispute regarding the interpretation of overtime pay provisions outlined in the Howard County General Pay Plan (“HCGPP”). Appellant, Lynda Neser (“Neser”) contends that she was deprived of compensation to which she was entitled under certain provisions of the HCGPP. Neser filed a grievance with the Howard County Personnel Office. A personnel officer denied Neser’s grievance. Neser then appealed the personnel officer’s decision to the appellees, the Howard County Personnel Board (“the Board”). The Board adopted the findings of the personnel officer and affirmed the denial of Neser’s grievance. Neser then filed a petition for judicial review in the Circuit Court for Howard County. The circuit court affirmed the
MILLERSBURG — Given the choice between prison and what would likely be a longer term of local incarceration, a Wooster man elected to serve his time in the county jail for leading deputies on a foot pursuit.
David A. Goldmeier and Terry C. Goldmeier v. Allstate Insurance Company 337 F.3d 629 (6th Cir 2003) case supports our
A.B 458 was presented by Jason Mills, representing the Nevada Justice Association. The purpose of this bill is to provide additional protections to injured individuals receiving workers compensation. For example, section 3 of the bill states that an individual is entitled to an independent medical examination for a workers compensation claim “that is open or when the closure of a claim is under dispute”. Additionally, Mills stated that section 3 of the bill would provide a second opinion to the injured employee in the form of an independent medical examination on a workers compensation case. Mills added that after speaking with insurers and the industry, he is willing to agree on an amendment in subsection 6 of section 3 of the bill. Since the insurer will have to pay for costs associated with an independent medical examination, Mills agreed with the insurers that they should have the right to see the results of the examination report. Furthermore, the bill would require insurers to provide at least three vocational rehabilitation counselors to the “injured employee or personal or legal representative of the injured employee.” This would give these individuals choices since they currently do not have
Laurence Kaye (“Kaye”), appellant, an attorney, represented Linda Wilson-Gaskins (“Wilson-Gaskins”), appellee, in a wrongful termination lawsuit filed against Wilson-Gaskins’s former employer, Government Employees Insurance Co. (“GEICO”). Following that representation, Wilson-Gaskins filed a complaint against Kaye alleging “legal malpractice.” The Circuit Court for Montgomery County granted summary judgment in favor of Kaye and dismissed Wilson-Gaskins’s complaint. Wilson-Gaskins appealed the dismissal of her claim. We affirmed the judgment of the Circuit Court and held that Wilson-Gaskins failed to make a prima facie case for professional negligence. We further held that a release contained in a settlement agreement between the parties
On Monday, 11-16-2015 she recalled the claimant had punched in early for work that morning and did not say anything to her until shortly later around mid-morning when the claimant came into her office. She said the claimant was brief with her when she requested to file a Workers’ Compensation claim for her alleged right wrist injury coupled with pain to her right fingers. She claimed that her injury was work-related, and her injury occurred on 11-12-2015.
On Thursday, 10/22/2015 the claimant stated he reported for work pain-free and was not suffering from any pain or discomfort from four other work related injuries that he reported as claims and received judgments. The claimant was unable to account for the real dates of his past work-related injuries that occurred between 2010 and 1/2013. The claimants past industrial-related injuries ranged from a left wrist injury, head injury and two separate right wrist injuries which he says did not include any injury to any other body parts.
Almanza further claimed she nor her administrative staff of office employees were informed by the claimant or from the claimant’s two Supervisors, Mr. Jose Maldonado, and his brother who is deceased, Mr. Estevan Maldonado that the claimant had any internal complaints or issues. She said the claimant’s work performance was never an issue and that there was no anticipation of any pending layoffs or workplace harassment issues for any related industrial stressors. She said both brothers supervised the claimant and from her knowledge, she never received any incident reports or complaints from either Supervisors that suggested the claimant may have suffered from a slip or fall at his job where he may have injured his head or back.
The undersigned attended the Mandatory Settlement Conference at the Stockton Workers’ Compensation Appeals Board on June 14, 2017. The undersigned appeared on behalf of Mr. Rod McClelland. Mr. McClelland had an unavoidable calendar conflict on the day of the hearing; therefore, I appeared on his behalf on a one-time basis. The file will be returned to Mr. McClelland for further handling. If you have any questions or concerns, please do not hesitate to contact myself or Mr. McClelland.
I represent the estate of Reginald Radley in the above-referenced claim for Workers’ Compensation death benefits.
I am pleased to report that we were able to settle your Workers’ Compensation case for the total amount of $135,000.00 which was $5,000.00 more than you authorized me to accept. The net to you per our fee agreement will be $108,000.00 tax free. We will have paperwork for you to sign within the next week or two. After that, we will present the settlement to a Worker’s Compensation Court Judge for approval.
The court concluded they made a mistake in not ruling that the issue of personal injury must be determined under the Workers ' Compensation Act. The disposition on this issue eliminated the need to discuss the sufficiency of the evidence and other arguments relating to the amount of damages for personal injury and the fairness of the trial on that aspect of the case. It is somewhat unclear how Kerr-McGee determined that the federal regulation of nuclear energy prevents application of the workers ' compensation law for injuries on the job. The existence here of significant damage to Silkwood 's personal property in her apartment required the court to consider additional issues recognized in the appeal. In conclusion, the Workers ' Compensation Act applies only to
In this report is a fully reasoned quantification of, our client, Mr. Steven Pearson’s personal injury claim against Mr. Fred Prendergast.