November 13, 2018 | FC&S Insurance
Workers’ Comp Insurer May Subrogate Third-Party Settlement RecoveryIn 1946, Winston Churchill described the long history and ties between the United States and England as a “special relationship.” The term…
By Susan Nanes
7 minute read
November 09, 2018 | The Legal Intelligencer
Workers' Comp Insurer May Subrogate Third-Party Settlement RecoveryWhen a worker is injured on the job by a third party, a special relationship arises between workers' compensation counsel and personal injury counsel, with the claimant/plaintiff in the middle.
By Susan Nanes
7 minute read
August 02, 2018 | The Legal Intelligencer
Measure Twice, Cut Once: Understanding the Construction Workplace Misclassification ActMeasure twice, cut once. It's a carpenter's motto reminding us that it is better to spend a little more effort up front to be certain about what we're doing than to have to spend time, money, and energy trying to fix a mistake after the fact.
By Susan Nanes
8 minute read
November 09, 2017 | The Legal Intelligencer
Employee or Nonemployee? That Is the Question in Uber CasesThere's no cliché better than a Shakespeare cliché, and no Shakespeare cliché more cliché than referencing Hamlet. Duly noted and ignored. Let's turn to Uber, the Prince of 555 Market St. in San Francisco.
By Susan Nanes
9 minute read
July 20, 2017 | The Legal Intelligencer
The 'Protz' Redemption: 2 Huge Breaks for Injured WorkersIn everyone's favorite weekend afternoon movie on TNT, "The Shawshank Redemption," Morgan Freeman's character, Red, describes Tim Robbins' character Andy's love of geology: "Geology is the study of pressure and time. That's all it takes really. Pressure and time."
By Samuel H. Pond and Susan Nanes
13 minute read
March 30, 2017 | The Legal Intelligencer
Workers' Comp 'Reforms' Don't Stand Up to ScrutinyThere's a classical Roman maxim: "There are some cures worse than the disease." Of course, we know what it means: There's an actual problem, but the proposed solution will either fail to solve the problem, create more problems or kill the patient. And we must consider the source of the proposed miracle cure. Pennsylvania Rep. Ryan Mackenzie, whose district includes parts of Bucks and Lehigh counties, is developing expertise in proposing legislative "reforms" to our workers' compensation legal system that are Trojan horses. They purport to solve a genuine crisis, but if enacted, would not help and, worse, will actually harm and create new difficulties for injured workers across Pennsylvania.
By Samuel H. Pond and Susan Nanes
17 minute read
December 09, 2016 | The Legal Intelligencer
Further Investigation Unnecessary in Many Workers' Comp CasesFor years, Pennsylvanians injured at work were entitled to receive notice from their employer's workers' compensation insurance carrier whether their claim was accepted or denied within 21 days. As a "paper system," this acceptance or denial comes in the form of a Department of Labor and Industry document. Eventually, the insurance industry cried that many claims required more than 21 days to investigate.
By Susan Nanes and David Stern
14 minute read
July 28, 2016 | The Legal Intelligencer
What Falls Under 'Privileged' in Workers' Comp CasesBefore Alexander Hamilton became famous as the breakout star of a hit Broadway musical celebrating his rise from a penniless immigrant to a player of wealth and influence during the Revolutionary War, he was largely reviled as a political figure whose philosophy and actions favored the wealthy and powerful at the expense of the majority of the new nation's population. This was crystallized in his proposal for the Bank of the United States, which was to be located in our own Philadelphia and supreme over state and local banks, including those in agrarian and newly developing southern and western regions.
By Susan Nanes and Angela Lee
7 minute read
March 27, 2016 | The Legal Intelligencer
Taking a Stand Against Workers' Comp Reform BillIt is March, and our thoughts turn to the Madness. Exploding offenses. Swarming defenses. Gut check time. They came to play and answered the bell.
By Susan Nanes and Samuel H. Pond
13 minute read
January 30, 2016 | The Legal Intelligencer
Insurers' Inhumane Actions Should Not Be ToleratedThere is a gripping scene in the movie "The Rainmaker," based on John Grisham's book of the same title. A former claims representative, played by Virginia Madsen, testifies in court, before a jury, about what happened with a claim made by the mother of Donny Ray Black, a young man suffering from leukemia. A bone marrow transplant would most likely have saved Donny Ray's life, but the family's health insurer denied the claim eight times before the family sought out a young and idealistic lawyer played by Matt Damon.
By Susan Nanes and Samuel H. Pond
6 minute read
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