IWA File Library - Legal Issues

Injured Workers' Alliance File Library

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Current Directory - / Legal Issues

File or Folder Name / Type Brief Description

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Appeal.htm The Oregon Supreme Court in November 1999 hears oral arguments in Smothers vs. Gresham Transfer, Inc.

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.

Fate.htm Written in November 1999, it describes what the stakes are in Smothers vs. Gresham Transfer, Inc.

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.

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.

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.

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]

State Farm Bad Faith.htm The Arizona Supreme Court rules that State Farm can be sued for bad faith. It involved an auto accident.

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.

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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www.injuredworker.org

	File or Folder Name / Type	Brief Description
	..up one level
	Appeal.htm	The Oregon Supreme Court in November 1999 hears oral arguments in Smothers vs. Gresham Transfer, Inc.
	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.
	Fate.htm	Written in November 1999, it describes what the stakes are in Smothers vs. Gresham Transfer, Inc.
	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.
	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.
	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.
	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]
	State Farm Bad Faith.htm	The Arizona Supreme Court rules that State Farm can be sued for bad faith. It involved an auto accident.
	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.
	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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