Safety and Health Reporter

ERISA Subrogation

The issue of ERISA subrogation was the subject of a recent Supreme Court decision entitled U.S. Airways, Inc. v. McCutchen.

In this case the Court dealt with the ERISA statute and the concept of ERISA subrogation.  ERISA stands for Employee Retirement Income Security Act.  That statute provides a number of different benefits …

Wrongful Death Employer Liability

Recently an Illinois Appellate Court ruled an employer must defend against a wrongful death lawsuit charging negligence in their failure to investigate death threats one of its employees had emailed to his family from his work computer.  In this alleged negligence case , the company failed to protect the employee’s …

Truck Accidents Driver Fault

In looking at the issue of truck driver fault in truck accidents the issues of apnea, falling asleep and drug/alcohol usage all must be considered.
Truck Accidents Driver Fault – Apnea
The truck accident-sleep apnea connection should be looked at in most truck accident cases. Sleep apnea is a condition that effects …

Truck Accident Blackbox

Truck accident blackbox data must be retrieved promptly.Most heavy duty diesel engine trucks have what is sometimes called a “black box” or more precisely called an Electronic Control Module (ECM)or sometimes called an electronic data recorder. The ECM contains information about the truck’s operating parameters, any trouble shooting malfunctions and …

Truck Accidents

Truck Accidents-Monster Trucks
Monster trucks are becoming an increasing hazard on the roadway. Twin-trailer trucks are two to three times more likely to be invovled in a truck accident than are standard trucks. These trucks can be more than 100 feet long. At that length, they become inherently unstable. They are …

Drunk Drivers

A man in Florida who suffers from brain damage due to an accident caused by a drunk driver was awarded $5 million as settlement in his personal injury claim.  In 2007 Dwight Grant, a passenger in a stopped vehicle, was hit by Matthew Lyons who was being pursued by the …

Head Injury

In a new case filed in the Superior Court of California in September 2014, Chelsea Oliver has sued the National Football League.

Head Injury-CTE

Mrs. Oliver was the wife of Paul Oliver, former San Diego Charger and New Orleans Saint who had been suffering from Chronic Traumatic Encephalopathy (CTE) and other forms …

Drunk Driving

In an effort to combat drunk driving in the Commonwealth of Virginia, Governor Terry McAuliffe introduced the Virginia Faces of Drunk Driving website.  McAuliffe dedicated the Tumblr site to the people whose lives were ended by drunk drivers and also to those who have been left behind.

Drunk Driving Fatalities

Drunk driving …

Closed Head Injury – CT Scan

Closed head injury simply means that there has been no skull fracture. It does not mean that there has been no brain injury. In fact most head injuries are classified as closed head injuries.

Closed Head Injury-CT Scan
The most common way to diagnose a closed head injury is through a CT …

Punitive Damage Awards

The Virginia Supreme Court recently dealt with the issue of punitive damage awards.  The question was whether or not an award in this particular case was too high.  The jury in this case awarded different amounts of compensatory damages to the two plaintiffs.  One of the plaintiffs was the driver …

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