Employee’s Epileptic Seizure Is Covered by Workers’ Comp

An employee of Wal-Mart who was injured when she fell while having an epileptic seizure is entitled to workers’ compensation, says the Louisiana Court of Appeal.

Wal-Mart argued that she wasn’t entitled to compensation because the injury was caused by epilepsy, not by

the fact that she was at work in the store at the time.

But the court said that the injury occurred in the course of her job, and she shouldn’t be deprived of compensation just because she was unusually susceptible to injury.

High School Coach Must Pay Damages for Tormenting Athlete

A high school basketball coach — and his school district — have been ordered to pay $1.4 million to a former student who claimed she suffered psychological problems as a result of the coach’s behavior.

The New Jersey student claimed she developed an eating disorder in 1995 after the coach demanded that she lose 10 pounds in two weeks. She said the coach singled her out for abuse, yelled at her and ridiculed her.

At trial, more than 50 witnesses testified about the coach’s behavior,

claiming that he swore at players, berated them, and mocked them for having periods. They also said he had an uncontrollable temper and would kick the bleachers, bang lockers and break clipboards. Several girls claimed he yanked their arms, and one testified that he slammed her hand in a door during halftime.

A number of students and families said they had complained to the school district, but the district didn’t take their complaints seriously.

Jury Slams Insurance Company That Unfairly Denied Claims

Even though insurance companies always say that they have good reasons for denying claims, that’s not necessarily true, as a recent case demonstrates.

Alice Torres, a cook at a nursing home in South Dakota, developed carpal tunnel syndrome and filed an $8,000 workers’ compensation claim.

Her insurer denied the claim. It said it didn’t have enough information, that her explanations of how the syndrome developed were inconsistent, and that the problem might have been caused by an unrelated accident — none of which was true.

Torres sued, and her lawyer eventually discovered that the insurance company had a secret program in which it paid bonuses to claims adjusters for denying claims even though they were valid. In some cases, the bonuses were as large as the claims adjusters’ salaries.

When a jury heard this, it awarded Torres $12 million in order to punish the insurance company. The jury sent a strong message that insurance companies should have more to lose by chiseling claimants than by being fair.

Injured Person Collects for ‘Real’ — Not Discounted — Cost of Health Care

You’ve been injured by someone’s carelessness and when you sue, you want to collect for your health care expenses. But let’s say you have health insurance and your insurer has negotiated a “discount” with your health care provider. So even though you incurred x dollars worth of treatment, your insurer only had to pay a fraction of that.

How much should you collect? The “real” cost of the treatment, or only the amount your insurer had to pay?

Courts around the country are disagreeing on this question.

In the most recent case, a woman in

Illinois incurred more than $19,000 in medical expenses, but her insurer only had to pay $13,000. The person who caused the accident argued that he should only have to reimburse her for $13,000.

But the Illinois Court of Appeals disagreed. It said that if the defendant caused $19,000 worth of harm, he should have to pay that much, even if the insurance company was able to bargain for a better deal.

However, this is a complicated question and in many cases the law is unclear or goes the other way.

Railroad Sued for Poor Visibility at Highway Crossing

A railroad has an obligation to trim bushes and other vegetation at a railroad crossing in order to make sure that motorists can see oncoming trains.

That’s the word from a federal appeals court in Philadelphia.

A young man was killed when his car was struck by a train. His parents claimed that he wasn’t able to see down the tracks because the railroad hadn’t

maintained the area.

The U.S. Supreme Court held some years ago that railroads generally couldn’t be sued for failing to put up adequate warning devices and signals. But the Philadelphia court said that even if that were true, a railroad still has to enable motorists to see if a train is approaching.

Antidepressants Can Lead to Suicide

The U.S. Food and Drug Administration has asked makers of certain antidepressants to add warning labels stating that patients using the drugs should be monitored for the risk of suicide or other violence.

The FDA advisory applies to 10 commonly prescribed drugs, including Prozac, Paxil and Zoloft.

So far, there have been no direct studies linking these drugs to suicide, but

some epidemiological studies have suggested a correlation between the drugs and suicide or other violence.

Some people have brought successful lawsuits against the drug makers, claiming the manufacturers should have warned more carefully about the risk.

The other drugs covered by the FDA advisory are Celexa, Effexor, Lexapro, Luvox, Serzone, Remeron and Wellbutrin.

We Welcome Your Referrals

If you know someone who has been injured in an accident or needs legal advice, please ask them to call our office. As you know, we specialize in helping victims of motor vehicle accidents, workplace injuries, dangerous and

defective products, and injuries of all kinds. If your friend or family member’s legal problem is not a matter we handle, we would be glad to give them the name of a lawyer we believe can best help. Thank you!