Workers Compensation Law Case Analysis

Improved Essays
Workers' compensation law addresses legal concerns differently than other areas of tort law. While personal injury law or even other employment concerns can go through the same court systems, workers' comp suits have their own administrative courts. Although some have described this system as simpler than standard civil courts, complexity is not necessarily lost because of a different court environment. As a result, workers' compensation litigation can certainly be confusing to the average worker, and certainly require the services of an attorney.

According to the administrative court system used in these cases, compensation lawyers find themselves representing their clients' claims against either an employer or the employer's insurer. Either

Related Documents

  • Great Essays

    Plaintiff Log Case Study

    • 2498 Words
    • 10 Pages

    I. Introduction This is a civil action due to an incident involving a park ranger and UH graduate engineer and his friends at Hawaii State park. The main party being held liable in this civil suit is the UH graduate engineer. Defendant Michael Nishimoto (“Defendant” or “Michael”) argues that this is nothing more than an unfortunate campfire event that accidentally injured Lehua Ching (“Plaintiff” or “Mrs. Ching”), park ranger in her line of duty and he should not be held liable. Also, Defendant argues that Mrs. Ching is a professional rescuer and is barred by the Firefighter rule to seek recovery.…

    • 2498 Words
    • 10 Pages
    Great Essays
  • Decent Essays

    Claimant's Case Summary

    • 231 Words
    • 1 Pages

    According to Witnesses, Office Manager, Elizabeth Duarte and Payroll Clerk, Liz Sanchez the Claimant was identified as General Labor Worker, where she was assigned to work at Sundate LLC, (Date Farm), when she first started working there on 3/16/16 up until her last day of work on 5/2/2016. On DOL: 4/20/2016, both Duarte and Sanchez were notified by the Claimant’s Supervisor/Witness Guadalupe Zazueta of the claimant's alleged injuries after the claimant slipped and fell on a single pair of stairs that led out from the Warehouse during her lunch break. Ms. Zazueta said the claimant complained of pain to her bilateral wrists, elbows and her left knee and ankle.…

    • 231 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    MEMORANDUM IN SUPPORT OF ANTHONY BELL’S CLAIM FOR WORKERS COMPENSATION. Anthony Bell, by and through his undersigned attorney, respectfully submits the following memorandum of law: ISSUES PRESENTED Can an employee receive workers’ compensation for an injury sustained at a mandated, social, work event when he attended an annual picnic organized by his employer, and got injured while participating in a game of football during the picnic? Can an employee receive Workers Compensation for a recurring injury when he was injured in the same place as before but this time the injury was aggravated during the course and scope of his employment? INTRODUCTION Plaintiff, Anthony Bell was denied workers’ compensation by his employer, Safe Place Children’s Home, the defendant. He now requests that the Deputy Commissioner of the North Carolina Industrial Commission award him Workers’ Compensation for the injury to his right rotator cuff sustained at the mandatory annual picnic held by his employer because although it was a recurring injury, it was one that was aggravated by an accidental injury that arose out of and in the scope…

    • 2080 Words
    • 9 Pages
    Improved Essays
  • Decent Essays

    Tort Law Case Study

    • 502 Words
    • 3 Pages

    From Sweethearts to Sour Tarts, Millionaire Matchmaker Sued The dating scene has changed dramatically over the course of a few years. With more people having access to the internet, online dating is no longer something the desperate or insecure; everybody is dating online. As more people date online, the need to weed out the bad apples from those people who are truly looking for love becomes obvious. When it comes to people who have money, they pay elite matchmakers to weed out the individuals who may not be compatible with them.…

    • 502 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    I am writing to provide you with an updated status concerning the above-referenced industrial injury case. Applicant’s Attorney’s Request for a Supplemental Report from Panel Qualified Medical Evaluator, Dr. Timothy Brox As you may recall, a letter was sent to the applicant’s attorney’s office requesting the status of the request for a supplemental report from PQME, Dr. Brox. In our letter, I indicated if no response was received within 30 days of the letter, we would be filing a Declaration of Readiness to Proceed to a Mandatory Settlement Conference based on the reporting of Dr. Brox. No response has been received from the applicant’s attorney’s office.…

    • 467 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence. Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against…

    • 1263 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    The world does not stop spinning when the Senate of the United States is in recess. However, vacancies in governmental positions do appear and need appointment. Since the Senate cannot carry out the task while in recess, Article II of the Constitution gives the president the “power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session.” The president has the “sole authority” to temporarily fill such positions without Senate approval so as to maintain the flow of governmental action. However, the Senate can be in a pro forma session that prevents the president from making appointments due to the fact that the Senate is technically in session.…

    • 1127 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Alternatively, N.J.S.A. 34:15-51 sets forth the statutory requirements for filing a petition in Workers’ Compensation Court, which is as follows: “Every claimant for compensation under Article 2 of this chapter ( R.S. 34:15-7 et seq.) shall, unless a settlement is effected or a petition filed under the provisions of R.S. 34:15-50 , submit to the Division of Workers' Compensation a petition filed and verified in a manner prescribed by regulation, within two years after the date on which the accident occurred, or in case an agreement for compensation has been made between the employer and the claimant, then within two years after the failure of the employer to make payment pursuant to the terms of such agreement; or in case a part of the compensation has been paid by the employer, then within two years after the last payment of compensation except that repair or replacement of prosthetic devices shall not be construed to extend the time for filing of a claim petition. A payment, or agreement to pay by the insurance carrier, shall for the purpose of this section be deemed payment or agreement by the employer. The petition shall state the respective addresses of the…

    • 623 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    Eeoc Case Study

    • 257 Words
    • 2 Pages

    Protected Activity- Filing a formal complaint of discrimination or harassment with EEOC is a protected activity. Rebuttable Presumption: facts, that are accepted by a court until it is proved to the untrue. Relief Sought- Plaintiff must identify the damages or other relief sought in their complaint or pleading.…

    • 257 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    Video Response: Lawsuit- School Negligence Rose-Gaelle Labranche St. Thomas University Video Response: Lawsuit- School Negligence The situation that occurred in Hope Academy Charter School in Grand Rapids may leave the school liable regarding the rape of the 14-year-old student. This student suffers from emotional, mental and behavioral disorders; that is typically why she was enrolled in this school, as school personnel are trained to deal with such disorders. Although the student was acting up resulting to a suspension for the day, she should not have been released from the school campus without parental escort as stated in her records.…

    • 490 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Workers' Compensation provides a financial award for workers that are injured on the job. Every employer is now required to carry worker's compensation (workers' comp) insurance. Today, it protects over thirteen million workers in California alone.…

    • 1352 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The Pennsylvania workers’ compensation system is designed to protect both employers and employees. Employers who have workers’ compensation insurance are protected from a direct lawsuit for injuries sustained on-the-job; whereas, employees receive the medical treatment they need and are compensated for any lost wages that are associated with any injuries and disease sustained while at work. Employers and workers’ compensation coverage – Pennsylvania law For the majority of employers in the state of Pennsylvania, workers’ compensation coverage is not an option, but a necessity that is required under Pennsylvania law. Employers who neglect to attain workers’ compensation coverage may be sued by their employees.…

    • 746 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Workers’ Compensation in Western Australia: Disputed Mental Stress Claims Introduction The workers’ compensation and injury management scheme (“the scheme”) in Western Australia is administered by WorkCover WA in accordance with the Workers’ Compensation and Injury Management Act 1981 (“the Act”’). The main purpose of the scheme is to assist injured workers in their return to employment by providing financial compensation. The scheme provides an injured worker financial compensation by paying for weekly wages, travelling expenses, medical expenses and rehabilitation programs. Workers’ Compensation in Western Australia is divided into two groups, claims for injury and claims for disease related conditions.…

    • 1589 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    An experienced workers compensation lawyer who only represents injured workers can make sure you are being treated fairly and receive the work comp benefits you deserve if you have been injured on the job. A local and experienced workers compensation attorney can assist you with selecting the right work injury doctor, negotiate with the work comp insurance company and represent you at the Workers Compensation Appeals Board. Most workers compensation cases settle before trial, and an experienced work injury attorney can get you the work comp…

    • 506 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    QUESTION PRESENTED Under the California workers’ compensation statute, is an off-duty recreational activity, that happened off site, a “reasonable expectation” of employment when an employee is not subjected to physical fitness tests, there is a reminder by management to stay in good physical shape, and the employee believes that doing that activity is needed to fulfill his job duties? SHORT ANSWER Most likely no. Participation in an off-duty recreational activity is a reasonable expectation of employment if the employer pressures the employee to engage in the specific activity, Kidwell v. Workers' Comp.…

    • 1168 Words
    • 5 Pages
    Improved Essays