Injured Workers' Alliance File Library

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Current Directory - / Legal Issues

  File or Folder Name / Type Brief Description
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file.gif Appeal.htm The Oregon Supreme Court in November 1999 hears oral arguments in Smothers vs. Gresham Transfer, Inc.
file.gif Exclusive_Remedy_in_Ohio.htm In 1984, the Ohio Supreme Court, in three related precedent-setting decisions, took a hammer and chisel to the exclusive-remedy foundation holding up the state's comp system.
file.gif Fate.htm Written in November 1999, it describes what the stakes are in Smothers vs. Gresham Transfer, Inc.
file.gif Fire_Injured_Workers.htm The Texas Supreme Court rules that employers can avoid the requirements of workers comp altogether by declining the insurance and firing workers who file claims.
file.gif Florida_Worker_Can_Sue.htm The Florida Supreme Court rules in March 2000 that an employer can be sued in tort for a worker's injury -- despite workers' comp -- if it should have known that an injury was "substantially certain" to occur, even if it didn't have actual knowledge.
file.gif HMO_Reimbursement.htm Marylands highest court rules that even though an HMO's policy said it can be reimbursed from a member's tort recovery, it is unenforceable.
file.gif Penn_Supreme_Court_Ruling.htm The U.S. Supreme Court holds in March 1999 that insurers can't be sued for withholding benefit payments as they decide whether treatment is reasonable and neccessary. [Link 2] [Link 3]
file.gif State Farm Bad Faith.htm The Arizona Supreme Court rules that State Farm can be sued for bad faith. It involved an auto accident.
file.gif Texas_Lawsuits_and_Costs.htm Texas judge determines that employers who don’t provide workers’ comp coverage can still require employees to waive their right to sue over on-the-job injuries.
file.gif Work_Comp_Shake-Up.htm The Labor Research Association writes in 1999 about the Oregon Supreme Court agreeing to hear whether Terry Smothers has the right to sue.
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