I had an injury in June 2006, I was awared full medical coverage. In July of 09 my employee for no reason switched my work cart. I notified them immediately it was making my back hurt. I was forced to use the cart until mine was order when there were other carts that would have worked. Nevertheless, I began having flare ups, once the pain in my back ang leg were constant I immediately thought to seek treatment with the Doctor who did the surgery. I was diagnosed with having a new injury and he could no longer treatment until a new worker comp calim was filed. I was examined by an AME and was diagnosed with having accumalative trauma to my existing injury and clearly stated the new diagnosis were the result of a new work related injury. Does my Attorney have the right to ask for an indemnity for the accumalative trauma? As far as the new injury that would be my decision to retain them again correct?
Tag Archives: California
Consumer Dealership problem with new lease and old lease 15 months ago I was in…
Consumer Dealership problem with new lease and old lease
15 months ago I was in an auto accident, my insurance repaired 5 month old car at a cost of $25k in repairs alone (the payout was $30k). 1 year later I want to upgrade to an ’06 model at same dealership that repaired my original car. I told the sales manager I was in an accident and their shop repaired it. I spent 2 days negotiating a deal that I ended up backing away from because I thought they were giving me too little for my trade in because it was in an accident. A week later I decided to go for the new car and I went back and they honored the original deal. During the document signing phase I also told the finance manager that the car was in accident but it was repaired by their dealership if that was a problem, he said no. Yesterday I get a call from the General Sales Manager who said that I signed an indemnity agreement which states ”vehicle does not have frame damage and if it does that I have to pay the ACV”. He said the car has frame damage and that we can swap the cars back and unwind the deal or I can pay $5k more to keep the deal. Here is my concern: After all the negotiation and me telling them the car was worked on they never once checked. Also, how can it have frame damage if they repaired it? Do I have any rights?
Indeminfication Is indemnity language which is put into a Notice To Proceed,…
Indeminfication
Is indemnity language which is put into a Notice To Proceed, binding? The notice was being used prior to a formal contract. The owner now wants to omit the indemnification from the contract.
Limitation of liability and indemnification what are the key differences…
Limitation of liability and indemnification
what are the key differences between these two clauses in a contract for the sale of goods: Limitation of liability and indemnification
suspension of employment a part time employee with at will contract who had…
suspension of employment
a part time employee with at will contract who had been working forty hours regularly per week for two years was suspended with cause without pay for alleged sexual misconduct in september last year and at criminal trial was found acquitted by unianimous verdict.
subsequent to the verdict the employer lifted the suspension from december last year and advised the employee to return to work with previous employment status.employer refuses to expunge the record of suspension for from september to december and also
declines back pay for the same period claiming since the employee was a part time at will employee is not entitled to back pay.the employer requests the employee to sign a deal in consideration for indemnification for attorney defence costs during the criminal trial in exchange for not bringing any legal action against the employer by the employee over this case.should the employer completely expunge the suspension record with or without back pay