Labor & Employment Personal Injury Administrative Agency

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Workers' Comp. Alert: Going And Coming Rule Again Narrowed

The California Court of Appeal addressed the scope of the Going And Coming Rule in its decision, Craig Schultz v. WCAB and Joint Test Tactics and Training (JT3), 2015 S.O.S. 99, January 6, 2015....more

Illinois Supreme Court Agrees to Decide Whether a Zoo is a "Local Public Entity"

The basic Illinois statute of limitations for personal injury actions is two years. But the Local Governmental and Governmental Employees Tort Immunity Act (745 ILCS 10/1-101) provides that for actions against a “local public...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

Australia’s High Court Denies Employee Worker’s Compensation Claim For Sex Injury

Ruling in a 4-2 decision[1], the Australian High Court denied a government employee worker’s compensation claim for an injury the employee sustained while having sex in a motel room during a business trip. The female...more

Do I Need to Hire a Lawyer to Start my Social Security Disability Claim?

Most Social Security disability claimants wait until they are denied before they hire a lawyer. Does this delay make sense? Atlanta Social Security disability attorney Jonathan Ginsberg says "yes." There is usually no...more

Do I Need a Lawyer to Start my Social Security Disability Application?

Social Security disability claimants usually wait until their claim is denied before they hire a lawyer. Does this delay make sense? In many cases it does, says Atlanta Social Security disability attorney Jonathan Ginsberg....more

If I Win my SSDI Case, When do I Become Eligible for Medicare?

Claimants who are approved for Social Security disability become eligible for Medicare starting at the 25th month after they first become eligible for payment of disability benefits. This 24 month waiting period combined...more

Bank Liability to Non-Customers in a Ponzi Scheme

The morning news reports flashes a report that your customer was actually a Ponzi scheme and defrauded numerous people. Of course, this is terrible news for the innocent victims, but, you ask yourself, could my bank be...more

Addressing Workplace Hazards: Law To Be Clarified By Alberta’s Highest Court

The Alberta Court of Appeal has agreed to hear an employer’s appeal of a judgment of the Court of Queen’s Bench which overturned acquittals, by a Provincial Court judge, of two charges under the Alberta Occupational Health...more

Ohio's Intentional Tort Statute Means What It Says

On November 20, 2012, in a reversal significant for Ohio employers with workplace injuries, the Ohio Supreme Court held, in Hewitt v. L.E. Myers, that an employee's failure to use, or the employer's failure to require an...more

Labor Letter, November 2012: Name, Rank and Serial Number: What You Should And Should Not Disclose When Providing References

True or false: When asked to give a reference for a terminated employee, you should provide only the person's name, dates of employment and, if asked, salary level? True. Furnish just about any other information and –...more

Two-Year Statute of Limitations for Wrongful Termination Claims Under Minnesota’s Drug and Alcohol Testing in the Workplace Act

In September of 2012, the Minnesota Court of Appeals held in Sipe v. STS Manufacturing., Inc. et al., No. A11-2082 (Minn. Ct. App. Sept. 25, 2012), that a wrongful termination claim under the Minnesota Drug and Alcohol...more

Labor Letter - November 2012

In This Issue: - Preventing Off-Duty Employee Access By Reyburn Lominack and Matthew Korn (Columbia): Many employers prohibit off-duty employees from accessing the workplace. This is particularly true of employers...more

Rogers Towers: Employers: Have You Done a Background Check on Your Prospective Employees?

It can be an employer’s nightmare. You are sitting in your office, the telephone rings and it is the police department informing you that one of your employees has just committed an intentional tort (assault and battery,...more

Self-Funded Plans Need to be Careful in Enforcing Subrogation Rights

A recent Eighth Circuit Court of Appeals decision considered the situation of a participant covered under a self-funded ERISA plan who sustained injuries in a slip and fall accident. The plan paid health benefits for that...more

Indiana Joins the Emerging Majority Position on Uniform Trade Secrets Act Preemption of State-Law Tort Claims

Last month, an Indiana appellate court became the latest court to adopt the majority position on the question of whether the Uniform Trade Secrets Act (UTSA) displaces state-law tort claims said to protect information that is...more

Directors’ Liability for Safety: Not just Small-Company Directors are at Risk in Ontario

In an unusual development, a director of a medium-sized company has been personally found guilty and fined under the Occupational Health and Safety Act. The company’s Internet site states that its field personnel include a...more

Bar Owners Facing Wrongful Act Manslaughter Charges after Employee’s Wrong-Way Accident on Highway 401

Companies and their owners are increasingly considering the risk of criminal safety-related charges and fines. We have recently reported on the criminal fine against Metron Construction under the Bill C-45 amendments to...more

Labor Letter - September 2012

In This Issue: - When “Let’s Keep It Quiet” Is An Unfair Labor Practice By Ray Haley (Louisville): On July 30, 2012, the National Labor Relations Board (NLRB) issued a bad decision for any employer that expects...more

Criminal Prosecutor Appeals $200,000 fine in Metron Construction Quadruple Fatality Case

The Toronto Star is reporting that Ontario’s Ministry of the Attorney General has appealed a judge’s decision that imposed a $200,000 fine against Metron Construction in the 2009 scaffold collapse in which four workers...more

Ohio Joins Handful of States that Offer Tort Liability Protections for Businesses that Hire and Employ Rehabilitated Ex-Offenders

In enacting protections from tort liability for negligent hiring and retention claims for businesses that hire and employ rehabilitated ex-offenders, Ohio joins a handful of other states that are introducing such measures to...more

A Willful OSHA Violation Insufficient to Circumvent The Workers' Compensation Act's Bar on Lawsuit Against Employer

The New Jersey Supreme Court recently held that a willful violation of the Occupational Safety and Health Administration (“OSHA”) standards, without other evidence of an employer’s intentional conduct, is insufficient to...more

$200,000 Criminal Safety Fine for Company, $90,000 OHSA Fine for Director in Deaths of 4 Workers

We recently reported that Metron Construction had pleaded guilty to criminal negligence in respect of the Christmas Eve 2009 deaths of four workers who fell 13 floors when a suspended work platform collapsed. On Friday,...more

Employers Who Have Nothing Nice to Say Should Say Nothing at All

With high unemployment rates comes increased demand on human resource departments to provide employee references. Even though many employers increasingly shield themselves from providing insight into the former employment...more

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