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June 3, 2019 United States Supreme Court Decision Regarding EEOC's Charge of Discrimination

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In the United State Supreme Court case, FORT BEND COUNTY, TEXAS v. DAVIS , the Court held that  Title VII’s administrative-exhaustion requirement is not a jurisdictional prerequisite to a lawsuit, but is instead a waivable claim-processing rule.   Title VII of the Civil Rights Act of 1964 – which forbids employers from discriminating against employees on the base of race, color, religion, sex and national origin – requires that an employee must first file a charge with the EEOC before going to court. Fort Wayne Attorney Nathaniel Hubley Monday’s decision stems from the case of Lois Davis, who says she was fired from her information-technology position with Fort Bend County, Texas, for attending a church event on a Sunday when she was scheduled to work. She also argued her supervisor retaliated against her for reporting sexual harassment by a co-worker, who resigned after an investigation. Davis first filed a charge of harassment and retaliation with the EEOC...

Important Things to Know About Indiana Worker's Compensation Permanent Total Disability Benefits

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As a Fort Wayne Work Injury Attorney who handles Indiana Worker's Compensation cases, there are several things that I explain to my clients about worker's compensation permanent total disability benefits. As an Indiana Worker's Compensation Lawyer , the important things to know about worker's compensation permanent total disability benefits below:  As way of a background, it is important to know that the Indiana Worker's Compensation Act provides several benefits to employees, including, but not limited to, permanent total disability ("PTD") benefits. These benefits are paid when it is established that the employee will never again be able to work in reasonable employment. Specifically,  PTD benefits are awarded pursuant to Ind. Code § 22-3-3-8 when it is established that the employee will never again be able to work in a reasonable employment. Bowles v. Griffin Industries , 798 N.E.2d 908, 910 (Ind. Ct. App. 2003), on subsequent appeal, Bowles ...

Indiana Worker's Compensation: Avoiding Social Security Disability Offsets

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In many Indiana Worker's Compensation Cases , an injured worker might receive a lump sum settlement after the injured worker has completed all necessary medical treatment and has been placed at maximum medical improvement by the treating doctor. This lump sum settlement could be based upon three components: 1) unpaid or future medical expenses; 2) unpaid or future wage loss benefits; and 3) compensation for any permanent injury the worker sustained. The worker's compensation lump sum settlement is made under Indiana Code Section 22-3-2-15. It is referred to as a Section 15 Settlement. This lump sum settlement is tax free. Prior to settling the worker's compensation case, it is important to determine whether the injured worker is thinking about or has applied for Social Security Disability Benefits because any lump sum worker's compensation settlement could potentially negatively impact the injured worker's receipt of Social Security Disability Benefits. In ot...