Commercial Lines

This is the second of a two-part series on what non-profits should do when a lawsuit is filed against them.|

This is the first of a two-part series on what non-profits should do when a lawsuit is filed against them.|

Most of the clinicians who over-test and do a poor job of getting diagnoses and treatment plans right aren't going to improve until someone takes their patients away. Period. The question is, how to take their patients away. There's a way.

When considering the use of a medical-legal evaluation, all factors must be considered and carefully analyzed before rendering a final decision. If your evidence is strong and your witnesses are reliable, examiners and attorneys alike should never be afraid to proceed without the use of a medical-legal evaluation for psychiatric injuries.

Maritime Employer Liability and Protection & Indemnity policies typically exclude punitive damages. In the past, this was not an issue because punitive damages were generally not allowable since Miles v. Apex. With the recent changes in maritime law, and possible future changes in maritime law, maritime employers are facing the emerging risk of punitive damages which have been shown to lead to high, unexpected verdicts.

The new year brings with it a host of California laws that were signed by Governor Brown this past fall. A number of new laws reflect intensified efforts by policymakers to address the abuses in the underground economy. Given the state of the above ground economy, and the State of California's fiscal distress, getting all businesses to play by the rules has a new sense of urgency in Sacramento and across the State.

There are hundreds of national and regional firms, including insurance companies, that compete to provide workers' compensation claims administration services for private as well as governmental self-insured entities. In California, there are nearly 500 private (non-public entity) organizations that are self-insureds, although only 35 of them actually self-administer their claims. Self-administered entities are generally very large organizations with open claims often exceeding $100 million in estimated future liabilities (EFL). The remaining self-insureds, including many of the largest self-insureds, rely upon a state licensed Third Party Administrator (TPA) to provide these services. In California, 98 Third Party Administrators are currently licensed to provide these services, although some of these are dedicated units that serve a single self-insured client.

The best way for employers to reduce the risk of successful harassment claims is to maintain and enforce anti-harassment policies, train the workforce on the prevention of harassment, and respond to concerns promptly and effectively.