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Immar Medrano was employed as a journeyman electrician by Marshall Electrical Contracting, Inc. (MEC). Medrano attended an electrician apprenticeship night class at a community college. His tuition and books were paid for by MEC. One night, when Medrano was driving home from the class, a drunk driver crossed the centerline of U.S. Highway 65 and collided head-on with Medrano’s automobile. Medrano died in the accident. His wife and two children filed a workers’ compensation claim for death benefits against MEC. Medrano’s family should receive workers compensations since he was acting within the scope of his employment when he sustained injuries in the car crash that resulted in his death. This was in the scope of his employment since MEC paid
Issue: The appellants are claiming that the court erred in determining that the Medical Liability and Insurance Improvement Act (MLIA) was not applicable in their claims. Mainly on errors and omissions of medical staff as well as asserted administrative negligence of the hospital that actually occurred before the defendant was admitted at the facility. The appellees’ motion relied on Rose v Garland County Hospital. (Las Colinas Medical Centre)
In the case of Norton vs Argonaut Insurance Company there are many factors which impacted the court’s ruling as to the parties who were responsible resultant wrongful death of the infant Robyn Bernice Norton. The nurses, doctors(independent contractors) and the the hospital though not formally charged
Richard Arzu underwent a surgical procedure to correct a condition he was born with; known as dwarfism. He became paralyzed from the waist down as a result of the operation. Through legal representatives, Richard was awarded a substantial structured settlement from his malpractice action against the hospital that performed the said surgical procedure. The settlement payments were deposited into a joint account between Richard and Frank. Over a period of a few years, the father withdrew numerous times, large amounts of money. These transactions were not authorized or to the knowledge of the son. When Richard turned eighteen, the fund...
Question Presented: Under Californian workers’ compensation law can a worker receive workers’ compensation and when the injury was self-inflicted, and when their participation in the activity was voluntary, and when the activity took place after the work day and when the worker did not want to say no to their supervisor and when they were anxious to get on their boss’s good side and while during the activity business was discussed and when the company built the court for a director of sales, and when the director believed that inviting employees to play was a great way to get to know their employees, to increase morale and camaraderie at the company but when at the activity the employee’s injury was self-inflicted, and when their participation of in the activity was voluntary, and when the activity took place after the work day.
Mr. Custer’s description of the claimant’s job duties was precisely as to what Mr. Brison described during his interview. Mr. Custer additionally reported that the claimant would work from Monday through Friday, where he would work from 6:30 AM to 3:30 PM, during an eight-hour work day shift. During the eight-hour workday, Mr. Custer said the claimant would receive two fifteen-minute breaks, which included a 30-minute lunch break which she was paid for. He did not have the exact amount of money which the claimant earned per hour and referred this information to be provided by the company’s human resources department. He believed that the claimant also received health insurance through the company but does not know whether he requested to be
A customer, Sam Monahan, dropped his car off for repair at Cranston Nissan on August 28th, with a quoted repair time of three to four days. The ensuing three weeks consist of a litany of issues involving the repaired vehicle cropping up again and again. It is important to note that none of these issues involved the initial reason for the car being dropped off for servicing. The majority of Sam’s issues were sent to Jim Boyd, the body shop manager. On multiple occasions from September 1st to the 6th, Jim Boyd failed to return the car to Sam in proper working condition, with often one repair creating another issue. After multiple failed attempts and billing issues, Sam began to deal with Ted Simon who is manager of the service department. Ted, as did Jim, promised to make the required repairs and return the car in working order. From September 8th to the 11th, the vehicle was still not returned to a suitable condition and contained delays from ordering parts and poor quality control. Jim had since passed his responsibilities to a worker in named Larry in the shop. Finally, on September 13th the vehicle was returned to Sam but still not fully repaired until the last minute.
The claimant was inured while working as a corrections officer and he is now placed on medical restrictions to avoid inmate contact. He has sufficient skills to allow him to work unrestricted duty at full pay in excess of his average weekly wage. He is not presently receiving any awards for reduced earnings and he is working full-time.
The case between Milan Pharmaceuticals and the St. Regis tribe relates to the patents that the tribe received from Allergan for its Restasis eye drops and the Tribe’s motion to dismiss the proceedings of the IPR system based on its sovereign immunity. American drugmaker Allergan made a pact with the St. Regis Mohawk Tribe (“the Tribe”) in September 2017 that officially transferred six of the company’s controverted patent ownerships for Restasis to the Tribe. The deal outlined that Allergan was to pay the tribe an annual royalty of $15 million each year, including an upfront charge of $13.75 million, to retain a license to particular rights to the patents. So, Allergan gave the Tribe the rights to Restasis, and the tribe licensed them back to Allergan. The transfer, however, came just a week before the reviewing of the patents by the Patent Trial and Appeal Board (PTAB) following challenges
The purpose of this case study is to investigate and bring new insight to situations and behaviors within an organization. Case studies are learning tools which utilize social science research to identify and resolve individual and organizational challenges (K. Mariama-Arthur Esq., 2015).
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Amy is a medical administrative assistant (MAA) at B&SC Internal Medicine. She received a call from a 55-year-old patient requesting an immediate appointment because he was having an ongoing migraine due to uncontrolled hypertensor (high blood pressure). The pain became so bad he became lethargic, fell, and got a contusion on his head. The fall prompted a seizure. Amy sent a note to the triage nurse via the EMR messaging center. Amy’s note said, "Mr. X requested an immediate appointment due to an uncontrolled migraine and hypertensor (low blood pressure)."
Chapter 19. p413. John G.Fleming [4] P419. Textbook on Torts 8th edition. Michael A.Jones [5] Vicarious Liability for Employers. Andrew Scott-Howman.
Mike’s estate now seeks to claim an award of damages from Bob. It is probable that the damages asked for would be too great to compensate Mike’s estate. Due to this, his estate will be suing Dale Cooper Construction Company because of their greater level of solvency. Dale Cooper as Bob’s employer may be held liable under employers liability due to the elements that evolved from Wilsons & Clyde Coal (1938). Even though four key elements were noted from this case only one applies for Mike’s estate. This is the duty to provide competent staff as colleagues. “An employer owes his employees a duty to ensure that they employ competent colleagues, including effective supervision (which is also a principle developed from the stated case) and training.” It is evident from the above scenario that Dale Cooper, had not employed competent staff and supervision. The reason for this is that, it would have been noticeable to see someone who had been “drinking heavily the night before.” A reasonable and competent person would not have allowed Bob to have manned and operated the cranes responsible for building the warehouse. Judging from the text, it is clear to say that competent staff and supervision was not employed for the construction of the warehouse. This can be exhibited from the fact that Bob had drank heavily the night before he knew he had work and was also irresponsible as he had come into work late that day (probably hungover). There should have also been a supervisor or manager to take note of Bob’s lateness as well as his physical and mental capability to operate the crane. However, this is only hypothetical considering it has not been mentioned in the scenario. As this is a common law duty, that is “to ensure that reasonable care is taken” “the employer cannot escape liability themselves simply by demonstrating that they had acted reasonably” and
As a result, Ocean Beach Company is liable for Compensatory Damages to be paid out to Derrick for medical expenses, pain, and
From the 1990s, the reports that cover the compensation cases increased dramatically in the mass media (Almond, 2004). There is a view that a huge number of tort cases in the ‘compensation culture’ are unjustified and unfair. In the mid-1990s, the term ‘compensation culture’ first appeared in a famous British newspaper (Levin, 1993). Actually, this is an extreme view, which will be criticized in this paper. This essay emphasizes the compensation culture is a myth (Morris, 2007). There are three reasons: Firstly, the data of the tort claims declined in recent years. Secondly, some victims do not receive the compensation or enough compensation that they deserve. Thirdly, the mass media and public organizations created the ‘compensation