Posts tagged Worksite Injuries

• Welder Recovers in Ohio for Manganese Exposure

  John Inserra | December 10, 2007 8:35 AM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  It is reported in the Cincinnati Post that A federal jury awarded $17.5 million to a welder who sued five companies on claims that he got sick from inhaled fumes, marking the second time in 18 such cases that a verdict has come down on the side of workers.The jury in Cleveland found that the five companies showed negligence by not warning the plaintiff of the toxicity of manganese in their...

• Retaliation in Worker's Compensation

  John Inserra | July 09, 2007 12:48 PM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  The case of Trosper v Bag N Save sets forth the Nebraska Supreme Court's acceptance of a cause of action for the retaliatory demotion for the filing of a Worker's Compensation claim. [7] Focusing on our rationale in Jackson, we conclude thata cause of action for retaliatory demotion exists when an employerdemotes an employee for filing a workers' compensationclaim. When we recognized a...

• Healthcare - A Start

  John Inserra | May 29, 2007 3:26 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  Finally a start to the curbing of health care costs. First, the consumer must know the cost of the service, so he or she can make a judgment about that service. Will this curtail costs? Who knows! I believe it is a least a step in the right direction.California's largest private physician practice has become one of the first doctor groups in the nation, and almost certainly the largest, to...

• Healthcare

  John Inserra | April 17, 2007 11:38 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  One doctor's opinion!America's health insurance system is sick. The symptoms: high costs, lack of access, declining choice, increasing medical homelessness.[1] The etiology: our dependence on private health insurance. In no other industrialized nation does the majority of people rely on private health insurance to get healthcare.Private health insurance is like a sponge: It sucks up dollars but...

• Intervertebral Disk Replacement

  John Inserra | March 30, 2007 10:39 AM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  A small study shows promise for intervertebral disk replacement rather than spinal fusion or artificial disk replacements. Preliminary experience in 5 patients with degenerative spine disease suggests that transplantation of fresh-frozen intervertebral disks preserved motion and stability of the spinal unit, despite some signs of mild degeneration in the disks over follow-up. Neurologic symptoms...

• LawyersUSA Top Ten Verdicts fall for 2006

  John Inserra | January 18, 2007 2:37 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  It is always interesting to read about the top ten plaintiff's verdicts in any given year. An article in LawyersUSA indicates a significant drop in the dollar amount of these verdicts.

• Microdiscectomy Study

  John Inserra | January 09, 2007 3:53 PM | 0 CommentsOmaha, NE Category: Automobile Accidents
  

  A study reported at Medscape: Not a large study but it seems to fall in line with recent trends for treatment of herniated discs.Study Design: Prospective randomized controlled trial.Objective: To assess effectiveness of microdiscectomy in lumbar disc herniation patients with 6 to 12 weeks of symptoms but no absolute indication for surgery.Summary of Background Data: There is limited evidence...

• Do I have to Move?

  John Inserra | August 22, 2006 9:07 AM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  The recent case of Olson v Capital Electric handed down by the Nebraska Court of Appeals as an unpublished opinion says no you don't have to move. Olson an injured electician refused to move to Kansas City to work for Capial Electric while he was released from his doctor with light duty restrictions which could not be accomodated on his regular job with Capital in Omaha Nebraska. Capital...

• Retaliatory Discharge

  John Inserra | July 21, 2006 11:20 AM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  The case of Riesen v Irwin Industrial sets out Nebraska's analysis for a retaliatory discharge for the filing of a worker's compensation claim in an "employee at will" state. The following procedure is utilized under the three-tiered allocation of proof standard: First, the plaintiff has the burden of proving a prima facie case of discrimination. See Goerke, supra. Second, if the plaintiff...

• Vicarious Liability of a Third Party in a Worker Compensation Case

  John Inserra | July 21, 2006 11:04 AM | 0 CommentsOmaha, NE Category: Workplace Injuries
  

  The Nebraska Supreme Court in the case of Didier v Ash Grove Concrete reiterates the rules by which an employer of an independent contractor may be vicariously liable to an injured third party. As noted above, an employer of an independent contractor is generally not liable for physical harm caused to another by the acts or omissions of the contractor or his servants, but an employer of an...