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Author: Kevin Singel
Publisher: Createspace Independent Publishing Platform
ISBN: 9781719553469
Category :
Languages : en
Pages : 466
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Book Description
Travel guide book inspired by the gold prospecting origin of Colorado. Includes touring information on all the major towns founded as gold mining camps as well as summaries of each town's origin story. Includes reviews and recommendations on historic districts to visit, mines to tour, driving tours of ghost towns and places to gold pan. Includes information on 16 historic districts, 31 museums, 18 mines, 186 gold panning sites across the state of Colorado. Thoroughly researched to confirm public access to the panning sites (no private property or areas subject to mining claim has been included - unlike other books.)Written by a long-time Colorado resident and gold prospector. Based on years of research and field work.Get your share of the gold by prospecting for it in historic, urban, and remote locations across the gold districts of Colorado.
Author: Kevin Singel
Publisher: Createspace Independent Publishing Platform
ISBN: 9781719553469
Category :
Languages : en
Pages : 466
Get Book Here
Book Description
Travel guide book inspired by the gold prospecting origin of Colorado. Includes touring information on all the major towns founded as gold mining camps as well as summaries of each town's origin story. Includes reviews and recommendations on historic districts to visit, mines to tour, driving tours of ghost towns and places to gold pan. Includes information on 16 historic districts, 31 museums, 18 mines, 186 gold panning sites across the state of Colorado. Thoroughly researched to confirm public access to the panning sites (no private property or areas subject to mining claim has been included - unlike other books.)Written by a long-time Colorado resident and gold prospector. Based on years of research and field work.Get your share of the gold by prospecting for it in historic, urban, and remote locations across the gold districts of Colorado.
Author: Gary L. Wickert
Publisher: Juris Publishing, Inc.
ISBN: 1578233631
Category : Law
Languages : en
Pages : 1616
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Book Description
Workers' compensation subrogation continues to change and adapt, as trial lawyers prod its weak points and capitalize on confusing areas of the law. There have been numerous changes in workers' compensation statutes and case law in many states since the last edition. This edition includes an exhausting survey and detailed explanation of the crazy status of employer contribution in Illinois, which includes a step-by-step exposition of how contractual indemnity and the "Kotecki cap" play a role in expanded employer liability in Illinois workers' compensation subrogation cases. It covers the many nuances of Naig and Reverse-Naig settlements under Minnesota law, including an analysis of who has what burdens of proof and the effect such a settlement has on the remaining third-party case tried to a jury. In light of the landmark Missouri Court of Appeals decision in Robinson v. Hooker, the liability of co-employees in Missouri and surrounding states have been covered in greater detail. The concept of co-employee liability for acts which are intentional or committed outside of the course and scope of employment has been added in several states. New case law and explanations were added to the Texas chapter with regard to subrogating against UM/UIM policies, including arguments with regard to the efficacy of UM/UIM exclusionary policy language and the ability to subrogate against a UM/UIM policy actually issued by the same carrier insuring for workers' compensation coverage. West Virginia completely revised their subrogation statute and created a new statute relating to the "statutory employer" status of primary contractors and subcontractors on construction sites, limiting when and how primary contractors can become legitimate third parties for purposes of subrogation. Chapter 7, "Contractual Limitations to Subrogation" has been completely overhauled to include new statutes and case law for every state to assist practitioners in determining the law applicable when there is an alleged applicable waiver of subrogation which might otherwise destroy subrogation. A new Chapter 12 has been added, which focuses on jurisdiction of workers' compensation third-party actions taking a broad look at 28 U.S.C. § 1441, which prohibits removal of cases "arising under" state workers' compensation laws. A carrier now has the ability to prevent cases from being removed from favorable venues in state court to less favorable federal court venues - an attractive option for plaintiffs' attorneys with whom subrogated carriers can negotiate with for stipulations and concessions on their subrogation interests in exchange for maintaining a case in state court. This edition also expands on which states do and do not hold workers' compensation to be primary. Combined with more than 100 new case decisions, this Fifth Edition is the most complete and up-to-date edition yet. Workers' Compensation Subrogation is the most complete and thorough treatise covering workers' compensation subrogation ever published. There are very few areas in which the laws of each state vary more and are applied as differently, then in the area of workers' compensation subrogation. This book is intended to introduce the workers' compensation claims handler, in-house counsel, and subrogation professionals to some of the more esoteric and complex subrogation issues encountered in today's workers' compensation insurance subrogation marketplace. It covers the following issues in all 50 states: • Allocating Third Party Recoveries • Attorney's Fees • Borrowed Servant Doctrine • Conversion of Workers' Compensation Liens • Costs and Expenses • Dual Capacity Doctrine • Equitable Subrogation/Contribution • Exclusivity Rule Barring Action Against Employer • How To Calculate Your Credit/Advance and How It Is Applied In Each State • Intentional Acts • Joint Ventures • Made Whole Doctrine As Applied To Workers' Compensation Subrogation • Necessity of Intervention • Lien Reduction Statutes • Staff Leasing Services and Temporary Employment Agencies • Statutory Subrogation Rights • Subrogating Against UM/UIM Benefits • Subrogating In Medical Malpractice Cases • Subrogating In Legal Malpractice Cases • Waivers of Subrogation • Who Qualifies As A Third Party • Other Workers' Compensation Subrogation-Related Issues In addition to being an excellent primer on workers' compensation subrogation, suitable for both the new subrogation professional and the seasoned veteran, the book also contains a detailed synopsis of the workers' compensation subrogation laws in each of the 50 states. It is a must for anyone with multi-state subrogation responsibilities. Complete with diagrams, references and thousands of footnotes, this is the most ambitious workers' compensation subrogation project ever undertaken. The following issues and topics are covered in detail for each of the 50 states: Statutory Subrogation Rights • Identifies the statutory authority for workers' compensation subrogation in that state. • Discusses the purpose/legislative intent of the statute. • Is an election necessary by the worker? • Who can bring a third party action (plaintiff, carrier, employer, or all of the above)? • When and must a third party action be brought? • What are the rights of a carrier to intervene in an existing third party action filed by a worker? • Will a worker's compensation carrier's subrogation interest be barred if not brought timely? Third Parties • Who can be sued as third parties in a third party action? • Can a co-employee be sued and under what circumstances? • Can an uninsured/underinsured carrier be a "third party" under the laws of that state? • Is there a dual capacity or borrowed servant doctrine which somehow affects the ability of a worker's compensation carrier to effectively subrogate? • What is the state's workers' compensation bar? • Are there any specific restrictions regarding subrogation against a subcontractor or an employee of a subcontractor in a construction situation? • Under what circumstances can the employer be sued? • Can a carrier subrogate to the benefits of a recovery in a legal or medical malpractice action? Allocation of Third Party Recovery • How and when does the carrier recover its subrogated interest? • Does the carrier recover past benefits only or also the present value of future benefits which it owes under the Workers' Compensation Act of that state? • Is there a formula used to determine how a third party recovery is allocated? • What happens to the total recovery and how is it applied? • Can a carrier recover benefits paid by a third party or recovered in a third party action which relate to loss of consortium, or non-economic damages such as pain and suffering, mental anguish, or punitive damages? • Does the employer's negligence reduce the recovery by the worker or carrier? Attorneys' Fees/Costs • Can the plaintiff's attorney recover attorneys' fees and/or costs out of the carrier's subrogated recovery and under what circumstances? • How are attorneys' fees and costs handled if the carrier is also represented by subrogation counsel, intervenes into the third party action and actively represents its interest? • What if the carrier isn't represented? • Can a plaintiff's attorney recover attorneys' fees based on the value of past benefits only or will he be able to recover attorneys' fees based on the future benefits/credit recovered by the carrier? • Must a carrier bear its proportionate share of expenses as many states require, and what does that really mean? Credit/Advance • Can a carrier take a vacation from paying workers' compensation benefits once a worker makes a third party recovery? • How is the credit calculated under state law? • Does the carrier have to do anything special to obtain the credit, such as filing with the Workers' Compensation Commission? • Does the carrier get a credit toward future compensation benefits it owes or does it actually get to collect the present value of the future benefits it owes and still be obligated to pay the scheduled benefits in the future? Statutes of Limitation • What are the applicable statutes of limitation or statutes of repose that may be applicable to third party subrogation actions? Related Subrogation Issues • Are there any other issues or statutes which affect a worker's compensation carrier's right of subrogation, such as the made whole doctrine, common fund doctrine, or anti-subrogation statutes? • Are there any lien reduction statutes, such as those existing in Indiana, which affect a worker's compensation carrier's right of recovery? • Does the state have any no-fault laws which complicate workers' compensation subrogation involving an automobile accident, such as exist in Michigan and Colorado? • What are the carrier's options if the worker and his attorney simply refuse to repay a worker's compensation carrier's lien after settling a third party action? • If the worker fails to repay the carrier, is there a cause of action for conversion of a carrier's subrogation interest or may the carrier still proceed against the third party tortfeasor to recover its subrogation interest?
Author: Greg Johnson
Publisher: University of Virginia Press
ISBN: 9780813926612
Category : History
Languages : en
Pages : 210
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Book Description
The Native American Graves Protection and Repatriation Act (NAGPRA) of 1990 provides a legal framework within which Native Americans can seek the repatriation of human remains and certain categories of cultural objects--including "sacred objects"--from federally funded institutions. Although the repatriation movement among Native Americans has heretofore received scholarly attention specifically focused on this act, Sacred Claims is the first book to analyze the ways in which religious discourse is used to articulate repatriation claims. Greg Johnson takes this act as one instance in a larger context wherein native peoples around the globe must engage legal arenas in order to preserve their heritage. Methodologically, Sacred Claims is based on a close reading of government documents concerning the law and participant observation in a variety of NAGPRA-related events and provides the background and legislative history of the law, the life history of the act's axial term cultural affiliation (the most delicate and least understood aspect of NAGPRA), and several case studies of highly visible and contentious Hawaiian repatriation disputes. Johnson then moves beyond the strictly legal context to analyze NAGPRA discourse in the public realm. He concludes by way of a theoretical treatment of the foregoing issues, arguing that religious language was the chief means by which native representatives ultimately persuaded non-native audiences of the applicability of widely-held human rights principles to their cultural remains. Theorizing modes of cultural vitality in the repatriation context, Johnson argues that living tradition is not found in the objects themselves but is instead located in struggles over them. With the law on the brink of receiving crucial tests, and repatriation issues making daily headlines in Native American and Hawaiian news, Sacred Claims is a timely and necessary examination of these issues.
Author:
Publisher:
ISBN:
Category : Tax revenue estimating
Languages : en
Pages : 56
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Book Description
Author: Randi Samuelson-Brown
Publisher: Rowman & Littlefield
ISBN: 1493046535
Category : History
Languages : en
Pages : 217
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Book Description
The Bad Old Days of Colorado celebrates the state’s glorious and rowdy past. Many people born and bred here relish just how “bad” things used to be: the terrain, the inhabitants and especially the quality of whiskey. It almost goes without saying that Colorado had all the characteristic Wild West elements—and in abundance! The chapters focus on the infamous and notorious rather than the law-abiding and civic-minded settlers. These pages, like the state, recount the tales of people who came West seeking, if not their fortune, at least opportunity. It is no secret that Colorado was settled by the adventurous willing to brave the harsh conditions and to prevail. Whether on the right or the wrong side of the law, all settlers and pioneers made unique contributions to the state’s complex culture. Certainly, in the nineteenth century, Colorado was not for the faint of heart.
Author: Kaki Warner
Publisher: Penguin
ISBN: 1101553855
Category : Fiction
Languages : en
Pages : 294
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Book Description
USA Today raved that Kaki Warner’s “warm, witty, and lovable characters shine” in the latest addition to her series about four unlikely brides who make their way west to discover newfound freedom and rediscover love. For fans of Linda Lael Miller and Jodi Thomas... After only three letters and one visit during her six-year marriage to a Scottish cavalry officer, Maddie Wallace decides to build a new life for herself by accepting an assignment from a London periodical to photograph the American West. Then Angus Wallace returns home unexpectedly after a military injury to find his wife gone, and to discover he’s in line to an earldom. His mission to find Maddie takes him to Heartbreak Creek, Colorado where his biggest challenge awaits: convincing his headstrong wife to return home as his viscountess. Now Maddie must decide between the glorious Colorado mountains or the glittering ballrooms of London, and between the man she has loved and the dreams she wants so desperately to fulfill.
Author: Jay M. Feinman
Publisher: Penguin
ISBN: 1101196289
Category : Business & Economics
Languages : en
Pages : 247
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Book Description
An expose of insurance injustice and a plan for consumers and lawmakers to fight it Over the last two decades, insurance has become less of a safety net and more of a spider's web: sticky and complicated, designed to ensnare as much as to aid. Insurance companies now often try to delay payment of justified claims, deny payment altogether, and defend these actions by forcing claimants to enter litigation. Jay M. Feinman, a legal scholar and insurance expert, explains how these trends developed, how the government ought to fix the system, and what the rest of us can do to protect ourselves. He shows that the denial of valid claims is not occasional or accidental or the fault of a few bad employees. It's the result of an increasing and systematic focus on maximizing profits by major companies such as Allstate and State Farm. Citing dozens of stories of victims who were unfairly denied payment, Feinman explains how people can be more cautious when shopping for policies and what to do when pursuing a disputed claim. He also lays out a plan for the legal reforms needed to prevent future abuses. This exposé will help drive the discussion of this increasingly hot- button issue.
Author: Christopher M. Rein
Publisher: University of Oklahoma Press
ISBN: 0806166681
Category : History
Languages : en
Pages : 416
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Book Description
During the Civil War, the Second Colorado Volunteer Regiment played a vital and often decisive role in the fight for the Union on the Great Plains—and in the westward expansion of the American empire. Christopher M. Rein’s The Second Colorado Cavalry is the first in-depth history of this regiment operating at the nexus of the Civil War and the settlement of the American West. Composed largely of footloose ’59ers who raced west to participate in the gold rush in Colorado, the troopers of the Second Colorado repelled Confederate invasions in New Mexico and Indian Territory before wading into the Burned District along the Kansas border, the bloodiest region of the guerilla war in Missouri. In 1865, the regiment moved back out onto the plains, applying what it had learned to peacekeeping operations along the Santa Fe Trail, thus definitively linking the Civil War and the military conquest of the American West in a single act of continental expansion. Emphasizing the cavalry units, whose mobility proved critical in suppressing both Confederate bushwhackers and Indian raiders, Rein tells the neglected tale of the “fire brigade” of the Trans-Mississippi Theater—a group of men, and a few women, who enabled the most significant environmental shift in the Great Plains’ history: the displacement of Native Americans by Euro-American settlers, the swapping of bison herds for fenced cattle ranges, and the substitution of iron horses for those of flesh and bone. The Second Colorado Cavalry offers us a much-needed history of the “guerilla hunters” who helped suppress violence and keep the peace in contested border regions; it adds nuance and complexity to our understanding of the unlikely “agents of empire” who successfully transformed the Central Plains.
Author: Joseph W. Glannon
Publisher: Aspen Publishing
ISBN: 1454897708
Category : Law
Languages : en
Pages : 839
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Book Description
A favorite classroom prep tool of successful students that is often recommended by professors, the Examples & Explanations (E&E) series provides an alternative perspective to help you understand your casebook and in-class lectures. Each E&E offers hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics in your courses and compare your own analysis. Here’s why you need an E&E to help you study throughout the semester: Clear explanations of each class topic, in a conversational, funny style. Features hypotheticals similar to those presented in class, with corresponding analysis so you can use them during the semester to test your understanding, and again at exam time to help you review. It offers coverage that works with ALL the major casebooks, and suits any class on a given topic. The Examples & Explanations series has been ranked the most popular study aid among law students because it is equally as helpful from the first day of class through the final exam.
Author: Charles Baley
Publisher:
ISBN:
Category : History
Languages : en
Pages : 256
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Book Description
Army representatives in New Mexico were more enthusiastic about the road's readiness."
