Labor & Employment Personal Injury

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Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

OSHA and MSHA Increase Penalties for Workplace Safety Violations

On July 1, 2016, Occupational Safety and Health Administration (OSHA) increased the maximum penalties under the Occupational Safety and Health Act by about 78 percent to account for inflation. Acting under authority conferred...more

Mille Lacs County in Minnesota settles for $1 million after former employee accesses driver and vehicle database for personal gain

Last week, Mille Lacs County and former investigator for the Mille Lacs County Family Services, Mikki Jo Peterick, agreed to pay $1 million to settle a proposed federal class action which alleged that a former employee of...more

How Regulations Protect Workers when Handling Explosives

There are over 650,000 chemicals in use within the United States. These chemicals are used to make everything from plastics and furniture, to bedding and food. These chemicals and the production processes they are used in are...more

Construction Contractor Faces Manslaughter Charge in Worker’s Death

A New York man and two construction companies he owns have been indicted on manslaughter and other charges in the death of an employee who plunged six stories to his death after allegedly being directed to perform work...more

When Can You Sue After a Workplace Injury?

Millions of people are injured in workplace accidents each year, and many victims experience serious and long-term effects as a result of these injuries. Workplace injuries can result in overwhelming medical debt and a...more

Elevator Considered “Falling Object” Under New York Labor Law §240(1)

In McCrea v. Arnlie Realty Co. LLC, 2016 N.Y.App.Div LEXIS 4215 (1st Dep’t June 7, 2016), plaintiff, an elevator repairman, was present at defendant’s property to investigate a scraping noise that could be heard while the...more

Maine Workers’ Compensation Board Appellate Division Rules on Application of Rule 1.1

In Nickerson v. Paul’s Marina, App. Div. Dec. No. 16-17, the employee was struck in the head with a beam on May 4, 2010. He reported the injury to a representative of the employer on May 7, 2010. Paul’s Marina contacted its...more

Host Liability, 10th Edition

This booklet is intended as a basic guide to host liability, which is the potential for personal and corporate liability for injuries sustained by employees, clients and other persons as a result of alcohol intoxication. This...more

Workers’ Compensation premiums remain high despite lowered costs

In 2011, Illinois passed reforms to workers’ compensation to bring down the costs and it appears to have worked. Rates are down 24 percent, however this has not translated into measurable savings for workers. Workers gave up...more

OSHA Estimates Half of Employers Don’t Report Significant Injuries

Anytime a worker suffers a significant on the job injury or work related illness that results in lost time from work, medical treatment beyond first aid, loss of consciousness, transfer to another job, restricted work or...more

The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity

On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more

You Should Know - May 2016

In This Issue: - Forced Injustice - Stacking the Deck - Sign the Petition - Excerpt from Businesses Use Loophole to Deny Day in Court: Injustice, Thy Name Is Forced Arbitration: Tia’s employment case...more

Maine Supreme Court Rules on Maximum Benefits Payable in the Context of More Than One Injury

In Freeman v. NewPage Corporation, 2016 ME 45 (March 31, 2016) the Law Court affirmed an ALJ’s decision that an employee could not be awarded benefits over the maximum compensation rate even if the employee has suffered more...more

Employers vicariously liable for data breaches caused by rogue employees

The High Court recently held that employers can be vicariously liable for data breaches caused by rogue employees. The decision highlights the importance to businesses of ensuring that data protection compliance requirements...more

Police Immunity From Civil Liability Resulting From Vehicular Chases

Rosemary Morgan, et al. v. Beaumont Police Department, et al. - Court of Appeal, Fourth Appellate District (April 4, 2016) - Police Departments have historically enjoyed statutory immunity from any civil lawsuits...more

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

The Importance of Job Descriptions

The importance of having accurate job descriptions for employees was illustrated by a recent case. In that case, the employee was let go by an employer after suffering a non-work related injury that the employer believed...more

FRANCHISOR 101: Wins, Losses & Lessons in Joint Employer Liability

As joint employer liability continues to develop, plaintiffs seeking deep pockets continue to claim, with some success, that franchisors are joint employers, responsible for actions of their franchisees' employees. In April,...more

AFL-CIO Calls Attention to On-the-Job Deaths in Ceremony at State House

Michael Davidson was seeing patients at Brigham and Women’s Hospital when he stepped away to talk with the son of a deceased woman he had treated and the son shot him. Lawrence O’Leary was on a parking garage under...more

OSHA Injury & Illness Recording of Intoxicated Employee Injury

A recent OSHA Interpretation indicates that a workplace injury an employee sustains when he/she is intoxicated must be recorded on the company’s OSHA Injury and Illness Log. OSHA stated that the exception for recording...more

When the Company’s Joke Backfires

Harvey Slapstick, CEO of Jokes-R-Us, decided an April Fool’s prank on his employees was just what the company needed to boost morale. So he hired two former soldiers to conduct a fake hostage situation at the company’s...more

Supreme Court Limits ERISA Reimbursement Rights: Insurers Will Need to be Diligent

On January 20, 2016, the United States Supreme Court held that an ERISA plan could not satisfy its reimbursement rights from a participant’s general assets. ERISA plans’ reimbursement rights are now so limited that...more

Sophisticated User Defense Does Not Extend to Salesman

Richard Moran III v. Foster Wheeler Energy Corporation - Court of Appeal, Second Appellate District (April 13, 2016) - In 2008, the California Supreme Court unanimously held that the “sophisticated user” defense...more

Maine WC Board Rules on Apportionment in Context of Gradual Injury

In City of Portland v. Moses, WCB App. Div. 16-4 (February 22, 2016) the employee, a firefighter and EMT, alleged a gradual work injury from exposure to traumatic events in the course of employment. From 2002 until 2010 he...more

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