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Recent Workers Compensation questions

Do Workers' Compensaton rules in Texas prevent or not

Do Workers' Compensaton rules in Texas prevent or not prevent Plaintiffs from recovering monetary damages for emotional distress related to a random workplace drug screen?JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TexasJA: Has anything been filed or reported?Customer: Submitted to employer third party following the correct internal handbook policy and reported to the ACLU so far. A filing not made yet.JA: Anything else you want the lawyer to know before I connect you?Customer: Is this a free service to have the questions answered?JA: The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.Customer: Do you have an idea on how much for these few questions?

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Law Educator, Esq.

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If a liability waiver isn't valid, is there a way to form a

If a liability waiver isn't valid, is there a way to form a second LLC and have that one be the liable party in a lawsuit if a work trade person gets hurt? That way it can protect our main business?Trying to get creative here, what can I consider.... anything at all I can look into.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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I need a Texas attorny to answer this, I had a girl who

I need a Texas attorny to answer thisJA: Has anything been filed or reported?Customer: I had a girl who dated my son for a short time, this girl took an online diploma test online which was $350 --right after she passed the test which i paid for she left my son and took off, I asked the school to please refund me and bill her the student directly for it as i did not benefit from said merchandise, they would not so i disputed my cc---this is what the school is saying"JA: When we are ready I'll take you to the appropriate web page.Customer: https://mail.google.com/mail/u/0/#inbox/15b210292bbf09c2?projector=1JA: Has a refund request been made in writing?Customer: yes all that awhile ago --i asked them to bill the student directly and refund me as i had no relationship with her anymore and did not benefit from the merchandise... i am trying to send you what they said but its in a pdf and i can't copy itJA: You can process your own refund by going to the Order History page and clicking on the "How do I get a refund" link below the amount paid for your question.Customer: no its not from hereJA: Anything else you want the lawyer to know before I connect you?Customer: THE LAW OFFICES OF RODERICK O FORD PLLC220 E. Madison Street, Suite 1205Tampa, FL. 33602(###) ###-####*(###) ###-####faxwww.fordlawfirm.org***@******.***General Civil Litigation * Labor & Employment Law * Worker's Compensation Law * Bankruptcy LawApril 17, 2017DebbieJo Lederer4514 Gentle Springs DriveArlington, Texas 76001RE: Fraudulent Receipt of Property (Academic Diploma)§ 32.32 False Statement to Obtain Property or CreditTexas Penal CodeDear Mrs. Lederer:I am a litigation risk manager and compliance officer at theHope Christian Academy and the Christian Bible Institute &Seminary. In this role, I review customer complaints andtransactions to ensure that they are legally-compliant withfederal and state law, and to make a determination as towhether certain criminal matters should be referred to TexasAttorney General or State Prosecutors for fraud prosecutions.Our records reveal that you presented authorization to enroll astudent named Alexis Macellaro into a high school diplomaprogram through the Hope Christian Academy. Based upon yourpresentation, the Hope Christian Academy enrolled Ms. Macellarointo the high school diploma program.Upon administrative review and completion of this program, theHope Christian Academy twice mailed a diploma and transcript tothe address which you had provided. Our records reveal that youacknowledged receipt of this high school diploma and transcript.This evidence proves that you knew, or should have known, thatAlexis Macellaro had received the full and complete benefit ofthe services for which you attained on her behalf. Nevertheless,on or about February 8, 2017, you paid $350.00 for theseservices and benefit to PayPal; but, soon thereafter, youfraudulently notified PayPal and informed PayPal that you, infact, had not secured the services and benefit (i.e., thediploma and transcript) that you had paid the $350.00 for

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Asad Rahman

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J.D.

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A family member who works at a gas station got involved in a

A family member who works at a gas station got involved in a fight at work with a customer who might have been stealing. The fight was stopped inside the store by other employees and the customer was kicked out of the store. The customer didn't go home and waited outside and my family member went outside to confront him. My family member took a stick the store keeps by the counter out with him to protect himself. While he has talking to the customer, a friend of the customer came from behind him and struck him in the face, my family member quickly fell to the ground and hit his head on the side walk resulting in a head injury and was eventually pronounced brain dead at the hospital. The police have the people who were involved in custody and will do their investigation. However, what the question we have is regarding a civil case against the store owner. We believe the store owner encouraged a behavior from his employee to take matters into their own hands when they catch people stealing in the store, there are instances in the past where employee have beaten up a customer who they caught stealing and posted a video of it on facebook before deleting it after a short while. The store owner now fearing he might be liable is trying to put the blame on my family member by saying he should not have walked outside. We believe the store owner should be held responsible for encouraging such behavior. How can we go about trying to hold the owner responsible and not try to get away from the proper payment of life insurance policy.

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LawTalk

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Juris Doctor

37,258 satisfied customers
I was advised (see Law Educator ESQ) that I had 2 separate

I was advised (see Law Educator ESQ) that I had 2 separate cases to pursue ..one wrongful termination with my ex school district..the second with my Union for non representation ( AFSCME attorney refused to represent me- said he wouldnt go to court to lose. it was a no win situation with a Board and admin that had an agenda for the opening my dismissal would create.Ive been tied up in the Workmans Comp Court waiting on a 132a hearing that is delayed for reasons my attorney isnt giving.I was dismissed Aug. 27,2014 I won the W.M. Comp.portion early 2016. I was told I cant pursue W.T. in any other Court till W.M .C. is finished . Do I need new attorney? How do I pursue? All Union Reps .worked directly under my Admins. All hearings were tainted.Ive filled out a F.L.R.A. Charge against a Labor Org. but dont know if it is past statute of limitations since waiting on W.M.C.Court . My last communication from my attorney was in Dec. and he said subpoenas were ready to send out. Ive talked to people that were suppose to be sent to and none have received anything. Its been 3 months now. Something seems wrong. How do I approach this? The settlement the District offered traded cash for me to settle injury and drop the 132 a. The alternative was to settle for smaller amount ,keep them on the hook for future shoulder replacements(2) and still go for Wrongful Termination. Much to my attorney's dismay and the lawyer he sent in his place at Court I refused the higher drop it all settlement of 50,000. Kept the 132a and was awarded 11,000.00 . Both attorneys said I could pursue as far as they knew a wrongful Termination Case etc. in the civil court had I settled and dropped all WMC cases on the books. But that wasnt there expertise but they were pretty sure I would fall within the time line to file.. since I was just now finishing WMC in the matter. Can you direct me to action and truth in these matters...I dont expect you to diss your fellow attorneys ...I just feel something doesnt add up. And dont want to have any glitch in my 132a I can win this...and I cant let my ex Union off the hook. I want my 23 yrs of dues back....I paid for Union representation to be turned down when I needed them in my corner? And that was just the tip of the iceberg in their misconduct as a Union which I had pointed out before all my troubles with the District occurred. ( Another reason for my abandonment Im sure.) Ill bet your sorry you are on tonight huh?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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We have an employee that we want to share with another

We have an employee that we want to share with another company. The employee is a salesperson. The 2 companies are not commonly owned. He currently works for Company A full time, but will move to work part time for Company A and Company B. He is paid a base salary plus commissions. Company A will run the payroll and bill Company B. Is this then a shared employment agreement or a leased employment agreement? Should both companies have worker's compensation for this employee?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: MichiganJA: Is the employment agreement "at will," union, full time or part time?Customer: It currently is at will and he is full time with Company A right now.JA: Anything else you want the lawyer to know before I connect you?Customer: Not right now.

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Legal Eagle

Attorney

Doctoral Degree

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Law Educator I am going to hire licensed contractor to trim

Hi Law EducatorI am going to hire licensed contractor to trim my trees.He doesn't carry workman compensation insurance.If the contractor's employee injure, can the worker sue the home owner?Who held liable for the injury ? Licensed contractor ? Homeowner?I do not control and instruct the worker and there are no unsafe place.Somebody said homeowner insurace cover the liability. Somebody said No cover.I have Umbrella Insurance policyCan umbrella policy cover ?I read regarding Umbrella policy"Umbrella policy won't cover from any liability with CONTRACT , for example,if I hire to work on my home and the worker injure, they won't cover"The worker may sue the home owner as an employee of homeowner or unsafe placeI am very confuse whether Homeowner insurance and umbrella policy cover the worker'sinjury.

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,788 satisfied customers
I have a question about child support, Tennessee, no me and

I have a question about child supportJA: Because family law varies from place to place, can you tell me what state this is in?Customer: TennesseeJA: Has anything been filed or reported?Customer: no me and my husband have been separated for a yearJA: Anything else you want the lawyer to know before I connect you?Customer: no

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LegalKnowledge

Juris Doctor

36,144 satisfied customers
I cant spell do you have phone # Delaware, yes i wos on

i cant spell do you have phone #JA: What state are you in? It matters because laws vary by location.Customer: DelawareJA: Has anything been filed or reported?Customer: yes i wos on workers comp to 2013JA: Anything else you want the lawyer to know before I connect you?Customer: my employment was terminated in 20003

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

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