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Austin Mehr presented at the Kentucky Law Update here in Lexington, Kentucky, on December 3, 2019 about Federal Insurance Litigation. Please be sure to visit our blog again in the future for updates to see when Austin will be giving other presentations on related topics.
The cases below, while all turning a year older this week, are still relied upon to defend insured members whose claims are handled unfairly by their insurance companies.
November 17, 1988
State Farm Mut. Auto. Ins. Co. v. Reeder, 763 S.W.2d 116 (Ky. 1988). Twenty-one years ago this month, the Kentucky Supreme Court dramatically leveled the playing field against insurance companies by their decision in this case. In this case, Reeder lived next door to the Hamptons, whose teenage son accidentally drove his car into the support for Reeder’s car port, which then collapsed. Reeder estimated the damages were $13,000, but Hampton’s insurance carrier, State Farm, refused to pay. Reeder, unsatisfied with State Farm’s offer, sued them to collect the full amount, for his attorneys’ fees and for punitive damages for violating the Unfair Claims Settlement Practices Act law.
Maintenance workers perform physically demanding and labor intensive jobs that require the ability to frequently lift heavy equipment, manually move equipment and tools, stand for long periods, bend/twist/kneel/stoop often throughout the day, climb ladders, use their hands for repairing or installing equipment or fixtures, and perform timely repairs.
According to the Dictionary of Occupational Titles, maintenance workers should be able to inspect machinery, dismantle and reassemble equipment, perform installation tasks, maintain records of maintenance, and use a variety of tools that could include hazardous equipment, handheld power tools, torches, and welding devices. It is important that maintenance workers have the ability to perform the duties safely. Some maintenance workers have additional supervisory responsibilities. The positions are typically classified as being at least “medium” in nature, requiring maintenance workers to exert 20 to 50 pounds occasionally.
In our experience, common medical conditions suffered by maintenance workers include conditions related to the physical exertion that is placed on their bodies, such as:
Nurses perform physically demanding jobs that require the ability to frequently lift heavy equipment, manually move patients, stand for long periods, bend/twist/kneel/stoop often throughout the day, provide assistance to doctors, and function quickly under demanding high-pressure situations.
According to the Dictionary of Occupational Titles, nurses are required to also perform administrative tasks, including maintaining records and checking vitals of patients. Some nurses have additional supervisory responsibilities. The positions are typically classified as being at least “medium” in nature, requiring nurses to exert 20 to 50 pounds occasionally.
In our experience, common medical conditions suffered by nurses include conditions related to the physical exertion that is placed on their bodies, such as:
Austin Mehr will be traveling around the state to local bar association meetings to present on the topic of Bad Faith Insurance Litigation in the upcoming months. His presentations will be worth one CLE credit. Attendees will receive a packet with a completed KBA Form 3, an outline of Austin’s presentation and a handout about more of Austin’s work experience.
If you are interested in having Austin come and present at your county’s bar association meeting, please contact Katelynn Nolen at knolen@austinmehr.com or at 859-225-3731.
Austin Mehr presented at the Kentucky Law Update in Louisville, Kentucky, on Friday, October 18, about Federal Insurance Litigation. Austin’s next presentation will be on Friday, November 1 in London, Kentucky, at the London Community Center.
Each benefit claim is different depending on the facts of your case, the plan, and the benefits at issue. However, below are some frequently asked questions regarding ERISA disability claims. If you have further questions or your long term disability or ERISA disability claim has been denied, contact one of our experienced ERISA disability attorneys for a free consultation today.
1. What is ERISA? “ERISA” means the Employee Retirement Income Security Act of 1974 – a federal law designed to protect employees who are enrolled in retirement or benefits plans through their employment. ERISA requires accountability of plan fiduciaries and generally defines a fiduciary as anyone who (1) exercises discretionary authority or discretionary control over a plan’s management or exercises any authority or control respecting management or disposition of its assets, (2) renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or (3) has any discretionary authority or discretionary responsibility in the administration of such plan. In addition to keeping participants informed of their rights, ERISA also grants participants the right to sue for benefits and breaches of fiduciary duty.
2. Who controls ERISA? According to the Department of Labor, there are three separate bodies that administer and enforce ERISA: the Employee Benefits Security Administration, the Internal Revenue Service, and the Pension Guaranty Corporation.
Austin Mehr presented at the Kentucky Law Update in Paducah, Kentucky, on October 3, 2019 about Federal Insurance Litigation. Austin’s next presentation will be on October 11 in Pikeville at the East Kentucky Expo Center.
Austin Mehr will be presenting at the Kentucky Law Update in Paducah, Kentucky at the Julian Carroll Convention Center tomorrow (October 3, 2019) about Federal Insurance Litigation. Austin’s next presentation will be on October 11 in Pikeville at the East Kentucky Expo Center.
Austin Mehr presented at the Kentucky Law Update in Bowling Green, Kentucky today (September 27, 2019) about Federal Insurance Litigation. Austin’s next presentation will be on October 3 in Paducah at the Julian Carroll Convention Center.
Kentucky ERISA Disability & Life Insurance Claim Lawyers