Workers' Compensation Auto Accident Cases
Posted by: Julie-Karel Elkin
July 17, 2009
Topic: Workers' Compensation Auto Accident Cases

In the event an employee is injured on the job as a result of an auto accident where the only likely recovery is through uninsured motorist coverage, if the policy provides for a credit against workers’ compensation benefits, the employee is only entitled to recover an award or settlement in excess of what was paid or payable pursuant to workers’ compensation. The key issue for the injured employee is that the workers’ compensation carrier will not be able to collect its subrogation if the UM carrier takes a credit, so there is no double impact to the injured worker. In reviewing the specific statutory language for both the Workers’ Compensation Act and the UM statute, a distinction is made between subrogation for the workers’ compensation carrier as to the “legally liable” party and the UM policy that is entitled to exclude coverage for workers’ compensation benefits, but it is a “contractually liable” party, not a legally liable party.

The important thing for the injured employee and counsel to remember is that the employee must endeavor to accept all workers’ compensation benefits in these types of situations because the credit is based upon what could or should have been paid by workers’ compensation, so refusing treatment and/or disability benefits under workers’ compensation will not decrease the credit allowed as an offset on the uninsured motorists coverage.

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Partners Beware
Posted by: Julie-Karel Elkin
July 17, 2009
Topic: Partners Beware

Many entrepreneurs do not realize that a partnership can be one of the most troubling and difficult business arrangements, especially when things do not go according to plan. It is very easy to enter into a partnership, but it may have some very complex legal ramifications if you want it to end. Although some partnerships work well, they probably do so because the rights and responsibilities of the individuals involved are clearly defined and they may have even considered an exit strategy if things do not go as planned.

If you are considering entering into a partnership, you need to consider who will be responsible for what aspects of the work and how potential conflicts will be resolved. If asked, I will generally recommend a corporate business structure with one of the business owners having an actual majority stake, but as one can imagine, that type of structure can create different problems for the minority shareholder. So, if you are thinking of starting a business, some reasonably priced legal advice on the front end could save you an awful lot of time, money and energy on the back end. It just makes sense that if you want to start something, you might also consider how it should end.

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Overnight Shipping
Posted by: Julie-Karel Elkin
July 06, 2009
Topic: Overnight Shipping

In my practice I have learned to read the fine print. Please note that Federal Law preempts claims against some overnight or express shipping/couriers, like Federal Express, thanks Congress! That means they do not have to be bothered with most pesky State Court consumer claims...you know the kind of consumer protection-type cases that most other business have to address...the ones that require restitution, or sometimes prod businesses into changing their methods of operation or, at least, force them into making adequate disclosures about their product or service. Well, please remember to review the contract language you are agreeing to when you ship something overnight (you probably have to go to a website) and note that there is very little protection for you, the consumer, such that your damages may be severely limited, like to the tune of $150, when something absolutely, positively did not get there overnight. As I mentioned to the attorney for FedEx, I am just one attorney in Nashville, Tennessee and it seems strange to me that I have three cases where the overnight courier didn't deliver and, even though the courier obviously screwed up, there is really nothing the consumer can do about it.

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