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Tennessee Supreme Court Delivers Opinion Affecting People Who Filed Workers’ Comp

Is the Decision Good or Bad for Workers in Nashville? The Tennessee Supreme Court, the highest court in the state, has issued a ruling and opinion that could potentially affect many people who have filed for workers’ comp in the past…and it’s not good. The case of Yardley v. Hospital Housekeeping Systems, LLC, No M2014-01723-SC-R23-CV (Sup. Ct. Tenn. August 21, 2015) involved a housekeeper employed by a hospital who had filed a claim for workers’ compensation after an on-the-job injury. A few months later, the hospital fired all the housekeepers to enter into a contract with Hospital Housekeeping Systems, LLC (the “Company”). Part of the deal was that all the fired housekeepers that had worked in the hospital would get an interview and an opportunity to continue work for the Company to keep their jobs. The housekeeper interviewed and disclosed that she had filed a workers’ comp claim. The Company…
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Will the New Federal Trucking Regulations Prevent Truck Accidents?

A Nashville Injury Attorney Explains the Pros and Cons Thousands of people suffer injuries and death every year due to terrible and avoidable truck accidents. In light of this, new truck driver regulations from the Federal Motor Carrier Safety Administration (FMSCA) went into effect at the beginning of July. These regulations aim to reduce fatal truck accidents on American roads. What Are the New Trucking Regulations? The truck driver regulations outline new requirements for the working conditions of semi-truck drivers. These updated guidelines include: A maximum average workweek of 70 hours 34 consecutive hours of rest after completion of the workweek At least one 30-minute break must be taken during the first eight hours of work. The new regulations also reaffirm the 14-hour work day, which allows for a maximum of 11 driving hours. Will the New Laws Achieve Results? The FMSCA estimates that the new rules will save 19…
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Graco Refuses to Recall Rear Facing Children’s Car Seats

Some businesses try to avoid recalling products by informing consumers of ways to circumvent a product defect, such as obtaining a spare part or taking it in for repair. However, if the defect is likely to cause an accident or injury, the National Highway Traffic Safety Administration (NHTSA) says that consumers should not need to take any addition measures when using a product. Furthermore, using a product in a non-standard way in an emergency situation is incredibly dangerous. For example, Graco, the manufacturer of car seats for small children, refuses to recall its faulty rear-facing car seats. The seats have a defective buckle. If sticky food or drink is spilled on the buckle, which happens often with small children, then it is very difficult to release. The seats in question include 2009-2013 models with a buckle labeled “Signature”, “QT” or “QT3”. When is a Product Recall Necessary? A recall is necessary…
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What if the Other Driver Died in the Car Accident?

Nashville Injury Attorneys Explains the Options for Relief While auto insurance is supposed to help in difficult times like these, the process does not always go as smoothly as it should. The civil litigation system allows you to file a claim against the other driver, which can help provide some assistance. However, what can you do if the other driver died in the car accident? Can I Sue the Estate of a Dead Person? You can still file a lawsuit if the other driver was killed in an auto accident, but instead of suing the driver, you sue the driver’s estate. In this case, “estate” means the property owned by the deceased person. Your claim may be filed in civil court, or it may have to go through a probate court, unless the deceased person set up a living trust or other estate planning measure that allows for the avoidance…
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