TOV Injury and Safety Blog

A divided court recognizes wage loss where the sub-S Corporation is losing money

Under the Michigan No Fault Act, injured persons are not compensated for the loss of "earning capacity"; they can only recover actual lost wages.  AAA argued that an injured worker shouldn't be able to recover lost wages from his own sub-chapter S corporation if the corporation appeared to be losing money.  In a 5-2 decision, with Justices disagreeing over the pertinent logic, the Michigan Supreme Court handed a rare defeat to an insurer.  It held, in essence, that the statutory language and the recognition of a corporation's separate legal identity required it to honor the victim's lost wage claim.

Can't return to your old job? Not a serious impairment.

  In Luther v. Stoeckle, the Court of Appeals applied the Kreiner "life-altering" definition of "serious impairment" to deny the claim  of a woman who suffered exacerbation of a herniated disc when she was rear-ended at a stop light.  Although she could not return to her job because of physician-imposed lifting restrictions, and she could not pursue many of her prior recreational activities, and needed some help with housework, the Court said that under Kreiner, her injury was not "serious".

Risks and dangers inherent in the Notice of Intent

A recent split decision by the Court of Appeals demonstrates the risks inherent in drafting a Notice of Intent.

Farm Bureau strikes again: no coverage for a substitute vehicle

Farm Bureau is making a concerted effort to compete with Allstate's reputation for callous, obstructive bullying in claims management.  This week, it managed to avoid paying an injured woman's PIP claims by asserting that she could not transfer coverage to a rental vehicle while her vehicle was "in the shop".

A rare serious impairment victory

In a 2-1 decision of the Michigan Court of Appeals, Caroline Ransom's right to pursue a claim against the at-fault dump truck driver who rear-ended her was preserved--at least until the case is heard by the Michigan Supreme Court.

Senate Republicans block discrimination reform legislation

Last year, the U.S. Supreme Court overturned a discrimination verdict that awarded compensation to Lilly Ledbetter.  Goodyear had underpaid her for almost two decades, but she didn't learn about the huge gap between her pay and her male co-workers until she was approaching retirement.  The Court's majority interpreted the equal pay statute in such a manner that Ledbetter had to file suit within 180 days of the start of the unequal treatment--even though she knew nothing about it.  Sadly, Senate Republicans rejected a reform measure that had broad support from both parties; it would have given women a limited time to sue after "discovering" that they had been victimized by discrimination.

Dentists object to practice by dental therapists

In previous blog entries we have reported on the shortage of dentists in the U.S. and the decline in dental care as schools graduate fewer dentists and more dentists retire.  Despite this documented and increasing shortage, the documentation of declining dental health, and increasing income for dentists, dental advocacy groups and lobbyists continue to fight the licensing of dental therapists to provide more mundane dental services, particularly in rural areas.

One-third of returning Iraq veterans suffer from head injury or post-traumatic stress syndrome

   The entire country is learning more about head injury and PTSD as a result of the war in Iraq.  Recent reports document that fully one-third of returning vets suffer from one or both of these serious problems.

The Supreme Court adds insult to injury in a tragic case involving two young girls.

  In Estate of Buckner v. City of Lansing the "gang of four" on the Supreme Court recently reversed a decision allowing the family of two young girls to sue the City for plowing snow over the sidewalk and forcing the girls out into the road on their walk home.  One girl was killed and the other suffered a catastrophic head injury when they were struck by a motorist.  The majority--composed of four activist Republicans-- held that the City's duty to maintain sidewalks and reasonably safe roads does not include a duty to avoid blocking the sidewalk with snow.

A case addressing "deliberate indifference" to an inmate's needs

  In Gibson v. Moskowitz, M.D., the Sixth Circuit upheld a verdict for the family of an inmate who died after being neglected in jail for several days.