Username:
Password:

Register Forgot password?

Login to Vote!

EE DIES AT HOME ON A TREADMILL AND IT IS RULED COMPENSABLE

VN:R_U [1.9.1_1087]
+7 (7 votes)

Maine’s highest court on Thursday upheld workers’ compensation benefits for the widow of a Salvation Army portfolio manager who died from a heart attack on a treadmill while monitoring the financial markets on TV and internal email on his BlackBerry.

The Supreme Judicial Court unanimously rejected the employers’ appeal of benefits granted to the widow who’s husband worked from his home in Brunswick, Maine.

The claimant suffered a heart attack previously, was denied requests for help managing his workload and was under extreme stress from managing a $2 billion-plus portfolio for his employer.

The way in which he died  made it easier to prove the case because the claimant was working in a home office sanctioned by the the employer.

It would have been more difficult to prove if it happened while he was walking his dog.  But they were able to prove not only was he under a lot of stress, but he was working at the time he died.

The claimant  had moved to Maine from New York, where the employer’s eastern division is headquartered. The employer set him up to work from home with a computer, Blackberry and other office materials.

After his death, his widow filed a petition for compensation with the Workers’ Compensation Board, alleging that his work resulted in a myocardial infarction and cardiac arrest.  Under state law, she was required to demonstrate both that his death occurred in the course of the employment and arose out of the employment.

The court found that the hearing officer properly concluded that the claimant’s injury occurred during work hours in a place that the employer approved for his work and that he was using the BlackBerry when he died. The officer also rationally concluded that work-related stress contributed to his death.

Leave a Comment

Login to Vote!

Leaking fluid from corpse pits condo owner against Insurance provider

VN:R_U [1.9.1_1087]
+7 (7 votes)

A state appeal court ruled that State Farm didn’t have to be there for claimant after her neighbor died and leaked bodily fluids into her condo. The Jupiter woman’s fight with the insurer began in October 2007, when her neighbor died and corpse went undiscovered. “The insured’s next-door neighbor died, and time passed before the body was discovered,” the judge wrote in the decision. The initial case stemmed from an unsuccessful attempt by claimant to characterize the decomposition of the body as an “explosion.” This was because the policy only covered damage to personal property in the event of a so-called “named peril,” explosions being one of those perils. State Farm had at first offered claimant a payment, but denied liability for damage to her property. Claimant refused the settlement, records show. According to court filings, Claimant felt State Farm had failed to “promptly pay for the full amount” she felt she was owed for the repair of the unit and her personal property as well as living expenses she said she couldn’t stay in her condo because of the damage to which she felt entitled. The state’s Fourth District Court of Appeal ruled that the company was justified in how it responded to claimant’s effort, which judges called “novel.” A complaint filed in Palm Beach County Circuit Court from Claimant’s 2008 civil lawsuit against State Farm says “another unit owner’s body exploded thereby causing blood and bodily fluids to go into the adjoining condominium and the unit owned by the claimant. State Farm disagreed that a decomposing body constituted an explosion. She sent invoices and lists of the damage to State Farm, and they sent out a claims adjuster who signed and appraisal award, the decision explained. She also got an affidavit from a doctor who said the “internal contents” of the “woman’s body explosively expanded and leaked.” A county court judge decided in State Farm’s favor, ruling that the decomposing body was not an insurable explosion. The case went to the appeal court. In the decision, the judge noted that even though the policy did not define the term explosion, past court decisions in Florida dictate that plain language rules when dealing with insurance contracts. “Rather than stretching common sense, the trial court correctly gave the term ‘explosion’ its ‘plain and unambiguous meaning as understood by the man on the street,’” Judge wrote. “The plain meaning of the term ‘explosion’ does not include a decomposing body’s cells explosively expanding, causing leakage of bodily fluids.” The decision also stated the claimant failed to file a sworn proof of loss, as required by the policy, within 60 days. The amount of the initial payment offer wasn’t specified in decision. In a complaint filed with State Farm, Claimant said she wanted the appraisal invalidated and a neutral party to do a second appraisal. She also alleged that State farm “breached its contract by failing to pay the amount necessary” to fix the damage and recoup her personal property. Despite claimant’s efforts, the appeal court sided with State Farm, but not before noting the unusual nature of the case. “In short, although novel in her attempt to do so, the insured could not establish that the decomposing body was tantamount to an explosion, “Judge wrote in the decision.

Leave a Comment

Login to Vote!

Raining Chocolate

VN:R_U [1.9.1_1087]
+6 (8 votes)

Plaintiff was involved in a multi-car accident that occurred in the drive thru for a popular fast food restaurant. She testified at her deposition that she was the middle car. She heard a few crashes and then was hit from behind, causing her vehicle to hit the car in front, which in turn hit the car that was at the window picking up food. When asked how she knew that the car at the window had been hit, the Plaintiff testified that “I saw hamburgers flying and a chocolate milkshake splattered all over. It looked like it was raining chocolate. I was either in heaven or involved in a car crash.”

Leave a Comment

Login to Vote!

Lawyer admits guilt in $4 million scam

VN:R_U [1.9.1_1087]
+8 (8 votes)

A lawyer built a legal career around settling personal injury cases. Now some of those cases could land him in federal prison for as much as five years. He is the seventh person to plead guilty in an undercover FBI probe “Operation Runing Man” which targeted fraudulent personal injury claims paid by insurance carriers. The lawyer appeared in court and admitted guilt to charges of conspiring to commit mail fraud and mail fraud, both of which carry maximum 20-year term. He also agreed to make restitution of 1,758,368 to the various insurance companies who paid out on fraudulent medical claims. The FBI investigator, infiltrated and claimed he was injured in a car accident. Documents filed in court claim the lawyer paid cash to individuals to find clients involved in motor vehicle accidents. After meeting the clients he often would recommend they visit a former doctor with a prior federal health fraud conviction and whose license was pulled by the state. The doctor fabricated injuries in reports and provided permanent disability rating often without even examining clients. The lawyer told the undercover agent to request stronger medication “even if you don’t take it.” His clients also would obtain at least six months of treatment from the chiropractors. The undercover agent was told by the lawyer this time frame was necessary “because that way I got a good quality case and they can’t say you didn’t treat long enough.” Chiropractors who sent a patient for a nerve conductivity test provided by Midas Medical would get a kickback on the $2,000 bill, according to the FBI. The prosecution claims Midas Medical paid the lawyer at least $100,000 in finders’ fees.

Leave a Comment

Login to Vote!

Watch Coyotes

VN:R_U [1.9.1_1087]
+5 (7 votes)

Plaintiff filed a lawsuit against a homeowner in Chicago, claiming he was bit by two coyotes when he broke into the homeowner’s garage. Plaintiff was arrested for attempted burglary, but he claimed the defendant was negligent for keeping coyotes in the garage. When deposed, the homeowner testified that he had no knowledge the coyotes were in his garage, but commented that he was pleased they had been there to protect his home. The police report noted that the coyotes were wild and had apparently gotten into the garage through a partly open window. This case was settled out of court for a confidential amount paid by defendant’s insurance company.

Leave a Comment

Login to Vote!

Corvette in River: Rescue story becomes marriage apparently beyond saving.

VN:R_U [1.9.1_1087]
+8 (8 votes)

It started as a rescue story, but authorities say it turned out to be a marriage apparently beyond saving. Police say a man going through a divorce sent the red Corvette his wife drives plunging into a Philadelphia river, triggering a search for a possible victim inside. The police spokesperson said that officers were called to northeast Philadelphia about a car in the river. Dive units were sent down to make sure no one was inside and the 1990 Corvette later was raised from 30 feet of water. The police indicated investigators determined that a 50-year-old man had gone to his wife’s residence and taken the car. He said the man hasn’t been arrested but likely will face charges such as reckless endangerment and illegal dumping.

Leave a Comment

Login to Vote!

Mercury Insurance Faces $27.6M Fine for Wrongful Fees in California

VN:R_U [1.9.1_1087]
+8 (8 votes)

California’s insurance commissioner is ordering Mercury Insurance to pay a $27.6 million fine for charging wrongful fees to its auto customers. In announcing the largest fine against a California auto insurance, the Commissioner said Monday that Mercury charged customers the same amount $27.6 million in broker fees that his agency did not approve. According to Consumer Watchdog, a nonpartisan consumer advocacy group, consumers were charged the fees between 1996 and 2006. The group prosecuted the action with the Department of Insurance.
A judge reccommeded the fine after finding that the fees, ranging between $100 and $150, were wrongfully charged in 180,000 auto insurance transactions. Mercury president Gabriel Tirador says in a statement that the company believes the deccision “is contrary to California’s rate laws, due process, and basic notions of fairness.” He says mercury will challenge it in court. Proposition 103, approved by California voters in 1988, requires the state commisioner to approve auto insurance rates.

Leave a Comment

Login to Vote!

A CLASS ACTION SUIT BECAUSE TIGHTS FAILED TO GIVE AN ORGASM!!!!!

VN:R_U [1.9.1_1087]
+5 (7 votes)

A woman from Queen, New York is suing a tights manufacturing company because their product didn’t give her the orgasmic experience she had hoped for. She states she purchased a pair of Brand specific shaping tights for $7 at a local drug store and was disappointed — or unsatisfied — when she didn’t have some sort of orgasmic experience that the woman in the company’s advertising commercial had. In the sexually suggestive commercial for the pantyhose, a woman is seen walking down the street, seemingly in the throes of passion. Between moans, the woman says ‘that’s the spot,’ and ‘oh yeah, that’s it.’ At the end of the commercial, the woman is surrounded by a group of women eager to know her secret and the woman pulls a package of the stockings from her purse and says The Brand Name. All the while, a chorus is heard in the background singing ‘I’m super satisfied, super satisfied.’

Apparently, she was not ’super satisfied.’ She filed a class action lawsuit in Brooklyn Monday against the Canadian based company.

Her lawyer told the local news that the advertisement indicated that his client would get ‘a massage through her pantyhose.’ But the product turned out to be ‘just socks.’ She purchased the shaping tights and wore them for a week, the suit claims, but experienced NO pleasurable sensations.

The product’s description on the company’s website claims the shaping tights include a ‘massaging sole for extra comfort’ and a ‘firm shaper that tames your tummy, hips and thighs.’ CRAZY!!!!!

Leave a Comment

Monthly Contest

Enter to Win Crazy Gift Cards -- Up to $100.00! You would be Crazy not to submit your bizarro claims stories for the chance to win up to $100.00 in gift cards if your story is laugh out loud funniest, cringe-worthiest or craziest. Submit your Crazy claims today -- just make sure not to use any real names of people or companies. You could be a winner!

View Winners