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The Law Offices of Daniel Weltin PC Blog

No Apportionment for Prior Injuries, and the Last Responsible Employer

Apportionment is the distribution of liability among various employers or carriers. Apportionment is applicable when the employee has a previous or preexisting injury. It falls on the Workers' Compensation Board to decide whether apportionment applies in a given case based on the facts. Comparing occupational injury and single accident claims reveals differences in handling apportionment.

Uninsured Motorist Insurance and Arbitration

Filing an insurance claim in the case of an accident helps one get compensated for damages or losses. For example, if you get involved and injured in a car accident in California, you can file a personal injury claim. The claim is often against the insurer or insurance company representing the other party at fault. However, there are situations where the other party has no insurance coverage.

Choice of Physician Under the Longshore Act

Under the Longshore and Harbor Worker’s Compensation Act, if you are a maritime worker that has suffered illness or injury at work, you have the right to choose your treating doctor. However, you only get one free choice. If you then wish to change your doctor again, you will need to obtain the consent of your employer or get an order from the U.S. Department of Labor. For this reason, we strongly recommend that you do your research and choose the right doctor the first time around. 

How to Calculate the Average Weekly Wage Under the Longshore Act

Every worker is unique, and the different types of injuries sustained can be huge, meaning that no two cases are ever exactly the same. Nevertheless, a worker covered by the Longshore Act is entitled to temporary compensation benefits of two-thirds of their average weekly wage (AWW) or wage-earning capacity while undergoing medical treatment.

Chlorpyrifos: Settlement, Recall, and Lawsuits

What causes ADHD, autism, low birth weight, cognitive disabilities, memory loss, and delayed motor development? While each impairment has a variety of possible causes, studies have shown that one potential cause is exposure to the insecticide chlorpyrifos, more commonly known by the brand names Lorsban, Dursban, Lock-On, and Cobalt.

Can I Choose My Own Doctor to Treat My Work Injury?

Accidents and injuries can happen in any workplace, often when we least expect them. If you are involved in an incident that results in an injury, you should always make sure that you notify your employer right away. Even if you are involved in an accident and you don’t feel as though you have been injured, it’s still important to let your employer know. This is because the symptoms of some injuries don’t become obvious for days or even weeks.

Jehovah’s Witness Sexual Abuse Victims

Sexual abuse is not limited to any specific religion or organization. In recent years, there have been a significant number of reported cases of sexual abuse from former members of the Jehovah’s Witness organization – a religious sect that many people consider to have a cult-like status.

What to Know About the Outer Continental Shelf Lands Act (OCSLA)

The Outer Continental Shelf Lands Act (OCSLA) is an extension of the Longshore and Harbor workers Compensation Act (LHWCA). Created on August 7th, 1953, the act defines the Outer Continental Shelf as all submerged lands lying seaward of state coastal waters (3 miles offshore) which are under U.S. jurisdiction.

Medical Provider Networks: Preselecting a Doctor Under CA Workers’ Comp

Some accidents tend to be minor in nature and don’t affect the victims very much. But other mishaps can lead to severe injuries, changing people’s lives permanently. Accidents can occur pretty much anywhere in various situations. But people will expect to be safe in certain places. One of these is while you’re at work. Like any employee, you would assume that your employer will always keep you out of harm’s way to perform your job. Despite this, though, many people in California still get hurt while on the job.

Extensions to the Longshore Act

Accidents, injuries, and illnesses can occur in the line of work in virtually any type of job. Fortunately, there are laws in place designed to protect employees who suffer from injury as a direct result of employment-related injury or illness. For maritime workers, who aren’t classified as seamen under the Jones Act, there is the Longshore Act. 

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