Dan Bowers
Managing Partner at Hamberger & Weiss LLP
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AVOIDS EXPENSIVE AWARD AND ONGOING PAYMENTS BY SUCCESSFULLY ARGUING THATTREATING DOCTOR’S DISABILITY ASSESSMENT WAS FLAWEDThe attorneys of are accustomed to dealing with medical reports with widely differing opinions. In a recent case, we argued that our client’s medical consultant’s report was more credible than that of the treating doctor, avoiding an expensive ongoing award and Instead closing the file with no additional payments due.While the treating doctor had initially found the claimant to be 100% disabled, we conducted a deposition of that doctor, and during his testimony, it became obvious that he could not support an opinion of a chronic ongoing condition and further that he did not properly use the board’s guidelines for assessing permanency. The judge ruled in our favor as did the Board Panel when the claimant’s attorney appealed. The Board Panel also ruled that the Law Judge should have suspended payments earlier on in the case once we produced the medical opinion of our client’s medical consultant.Attorney Maila Hazen of our firm exhibited the skill and persistence necessary to achieve this result for our client.recordsbuff@hwcomp.com(716) 852-5200#newyorkattorney #attorneyatlaw #workerscompensation #workerscomp #hiring #hiringnow
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AVOIDS EXPENSIVE AWARD AND ONGOING PAYMENTS BY SUCCESSFULLY ARGUING THATTREATING DOCTOR’S DISABILITY ASSESSMENT WAS FLAWEDThe attorneys of are accustomed to dealing with medical reports with widely differing opinions. In a recent case, we argued that our client’s medical consultant’s report was more credible than that of the treating doctor, avoiding an expensive ongoing award and Instead closing the file with no additional payments due.While the treating doctor had initially found the claimant to be 100% disabled, we conducted a deposition of that doctor, and during his testimony, it became obvious that he could not support an opinion of a chronic ongoing condition and further that he did not properly use the board’s guidelines for assessing permanency. The judge ruled in our favor as did the Board Panel when the claimant’s attorney appealed. The Board Panel also ruled that the Law Judge should have suspended payments earlier on in the case once we produced the medical opinion of our client’s medical consultant.Attorney Maila Hazen of our firm exhibited the skill and persistence necessary to achieve this result for our client.recordsbuff@hwcomp.com(716) 852-5200#newyorkattorney #attorneyatlaw #workerscompensation #workerscomp #hiring #hiringnow
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David Maquera, JD, MBA
In-House Counsel at DTE Energy (NYSE: DTE) for Securities, Finance & Corporate Governance
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See Also'Paying It Forward' with Piedmont Health's Amy Nguyen-Stewart - Chapelboro.comHAMBERGER & WEISS LLP on LinkedIn: #newyorkattorney #attorneyatlaw #workerscompensation #workerscomp #hiring…Honor Roll of Donors | Utica UniversityA Deep Dive Into Amy Winehouse's Teeth: The Iconic Smile Behind The MusicThis federal appellate opinion seems likely to be published in the next edition of Employment Discrimination law school textbooks. To quote footnote 10 from the opinion: "To be clear, employers may, if they so choose, utilize D&I-type programs. What they cannot do is take adverse employment actions against employees based on their race or gender to implement such a program." Consequently, this opinion should initiate thoughtful discussions in classrooms and boardrooms on how to properly construct D&I (or DEI) programs that are compliant with employment laws and regulations. #EmploymentLaw #EmploymentDiscrimination #TitleVII #DEI #Duvall #NovantHealth
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Nemeth Bonnette Brouwer PC
353 followers
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Partner Terry Bonnette recently spoke to Carolyn Muyskens, Law 360, about the Michigan Family Leave Optimal Coverage Benefits Act, in a round-up of some of the most significant bills the Michigan Legislature could take up this year.The legislation proposes to give workers up to 15 weeks of paid time off to care for a new child or attend to medical needs for oneself or a family member.In the article, Bonnette said that the state's proposal would also widen the pool of family member eligibility, allowing time off for workers to care for siblings, grandparents and relatives of spouses—and predicted anti-retaliation provisions would make the enforcement of attendance policies more difficult in Michigan if it becomes law, since time off for health needs wouldn't be counted against employees."Is taking a personal day preventative healthcare? We may see questions like that come up in litigation," Bonnette said.The full article is available via subscription here: https://lnkd.in/gzH_72VdAnd, if you’d like to learn more about more employment law topics such as this, Bonnette will be discussing them at the firm's next Raising the Bar on January 24. Please visit the website or email Melody Huffer atmhuffer@nemethlawpc.com for registration information. #employmentlaw #employers #employmentlawforemployers #MichiganLegislature #2024trends #MichiganLaw #familyleave #workplacepolicy #FamilyLeaveOptimalCoverageBenefitsAct
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Anthony Gold Solicitors
4,833 followers
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Senior Associate Amy Louise Wedgwood concludes her review ofthe interpretation of scope of duty of care in #clinicalnegligence cases. The sheer number of cases where this has been considered means that this blog is in two parts. Part 2 is linked below, and the link for the first part is in the comments.https://lnkd.in/ddw2FE9J#medicalerror #hospitalmistakes #legalblog
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THE HARRISON FIRM
217 followers
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The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for certain family or medical reasons. In Texas, the state also has its own version of the law, known as the Texas Family and Medical Leave Act (TFMLA), which provides similar protections but applies to smaller employers. The Harrison Firm can help you understand your rights under these laws, determine if your employer is in compliance, and assist you in taking legal action if necessary. If you're considering taking leave under these laws, it's important to give your employer notice as soon as possible. While they cannot deny your request for qualifying reasons, they may require medical certification or other documentation to support your request. It's best to work with an experienced attorney who can help you navigate the process and ensure your rights are protected.At The Harrison Firm, we understand how stressful it can be to deal with family or medical issues while also worrying about your job security. Our attorneys are dedicated to helping you understand your legal rights, and we will fight to make sure you are treated fairly under the law. Contact us today to schedule a consultation and learn more about how we can help you with your FMLA or TFMLA case. The Harrison Firm is always available to assist you. Contact us at (469) 242-2214 or info@kamielharrison.com, or visit our website at www.kamielharrison.com. We are always available to help you.#family #familylaw #laborlaw #laborlawlawyer #laborlawattorney #FMLA #medicalleaveact #texaslawer #texasattorney #legalassistance #assistance #guidance #dallaslawyer #fortworthlawyer #fortworthattorney #dallasattorney #legalassistance #texaslaw #texaslawfirm #freeconsultation #legalassistance #legal #assistance #lawyer #attorney #law #protection #rights #lawfirm #texaslawfirm
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Mandelbaum Barrett PC
3,448 followers
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The Americans with Disabilities Act (ADA) and state laws prohibit employment discrimination based on physical or mental disabilities, requiring compliance from all employers. Healthcare employers face additional challenges due to specific industry restrictions and privacy protections.Discover the intricacies of ADA compliance in healthcare employment with Mandelbaum Barrett PC’s Healthcare and Employment Law Co-Chair,Dennis J. Alessi, Esq., LLM, CHC. In the latest issue ofPhysicians Practice, Dennis presents a compelling case study shedding light on the challenges faced by healthcare employers. Learn how concerns over patient safety influenced a critical decision, emphasizing the delicate balance between legal obligations, employee privacy, and ensuring a safe work environment.Read the full article here: https://bit.ly/3TiEuXQ#ADACompliance #HealthcareLaw #EmploymentLaw #Employers #ThoughtLeadership
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Expert Evidence
733 followers
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In this case, both medical and non-medical experts came under general criticism for failing to fully understand their role.They are not part of the “legal team” but independent, and impartial advisors who must be objective about the strengths and weaknesses of the case.Their position is reinforced in the judgement by Mr. Justice Cotter.See: https://bit.ly/3IfCcnj#experts #law #legal #litigation
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Daily Report | ALM
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Employers Can Take These Steps When Workers Return (or Don't) After Extended Medical Leave
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Buxton Coates Solicitors
516 followers
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An important update for dentists! 👇In the recent case of Watson v Johnson and Another, the Employment Appeal Tribunal upheld a decision that an associate partner was not an employee but a worker.This decision highlights the crucial need for clear distinctions between employment and partnership statuses 🤝This case underscores the importance of reflecting self-employed indicators in practice, not just in agreements. Stay informed to avoid potential legal pitfalls 👀Visit https://lnkd.in/eEmwQi-E to read more on our blog for detailed insights and implications! 📚
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