by Vincent A. Toreno, Esq.
While Medicare Set-Asides have been a fixture in workers’ compensation cases for years, they have been much less commonly seen in liability cases. That will likely be changing. Until now, the Centers for Medicare and Medicaid Services (CMS) has provided little guidance on how to ensure that Medicare’s interests are protected […]
by Vincent A. Toreno, Esq.
Title VII prohibits several types of discrimination including discrimination “because of sex.” But the courts have refused to accept sexual orientation as a protected class under Title VII. However, court opinions have indicated a shift and suggested that sexual orientation discrimination is in fact sex discrimination. Similarly, the EEOC has recently […]
by Vincent A. Toreno, Esq.
Following years of decline, the number of employees testing positive for drugs has increased steadily and is now at a ten-year high according to a report recently released by Quest Diagnostics. Sharp increases in marijuana positivity have been noted, in part likely because of its legalization in certain states; however, increases […]
by Vincent A. Toreno, Esq.
Although the general rule is that an injury sustained while an employee is going to and from work does not arise out of and in the course of the employment, there is an exception to this rule, known as the “continuous employment doctrine.” This doctrine provides broader workers’ compensation coverage to […]
by Vincent A. Toreno, Esq.
The Supreme Court of Kentucky recently ruled that an injury sustained by a claimant during a pre-employment physical was not compensable. The Kentucky claimant underwent the exam after being given a tentative job offer. However, the offer was contingent upon passing the physical. In other words, the pre-employment physical was a […]
by Vincent A. Toreno, Esq.
We are seeing a rising trend in requests for authorization of “one-time” genetic testing. Healthcare providers are requesting the testing to assist in effectively prescribing medications for the injured employee, claiming the tests help pinpoint the most beneficial medications with the least side effects as well as appropriate dosages and addiction […]
by Vincent A. Toreno, Esq.
If there has been an accident at your business, whether the accident involves an employee or a customer/third party, it is a good idea to preserve any evidence related to the accident (e.g. physical evidence such as a machine, piece of furniture, or document, or electronic evidence such as computer files […]
DRI member Vince Toreno, partner and chair of the Civil Litigation Practice Group at Ken David & Associates, LLC in Atlanta, Georgia, recently obtained summary judgment on behalf of a Georgia university president and its board of regents, which were sued by a former athletic director alleging gender discrimination and retaliation in violation of Title VII.
The plaintiff, […]
by Vincent A. Toreno, Esq.
In our ongoing effort to provide relevant information to our clients, we will occasionally spotlight a topic which falls outside of typical workers’ compensation issues but touches on general employment related matters. For instance, when an employee leaves a company, employers are understandably interested in protecting their trade secrets and other […]
by Vincent A. Toreno, Esq.
Technology seems to progress at an ever-increasing rate. In the past decade, there has been an explosion of technology including smart phones (essentially handheld computers) and wearable devices like Fitbit, that can track movement and record fitness data. Further, the data collected by personal devices and information transmitted or posted on […]
