Washington Appellate Court Limits Liability for Personal Injury Claims Brought by Contractor’s Employee Against Landowners by Sedgwick LLP on 5/16/2012 The Washington State Court of Appeals affirmed a summary judgment dismissal of a lawsuit filed by a landowner’s contractor’s employee for personal injuries that the plaintiff allegedly sustained while working on a...more
Could the NFL Use an “Exclusive Remedy” Defense to Block Concussion Lawsuits by Jodi Ginsberg - Georgia Workers Compensation... on 5/15/2012 Recently, a number of retired football players have sued the NFL for damages arising from concussion injuries associated with the head trauma regularly incurred in professional football games. Does the NFL have an argument...more
Overlapping Auto Coverage In The New Age by Field Law on 5/14/2012 The Alberta government, in its wisdom (or lack thereof) has recently changed the rules for situations of overlapping auto coverage. In this paper, I will summarize the changes with a particular focus on non-owned auto...more
Plaintiff Was Judicially Estopped From Pursuing A Sexual Harassment Claim Because Of Her Failure To Include The Lawsuit As A... by Warner Norcross & Judd - Appellate Practice... on 5/11/2012 A person can be judicially estopped from pursuing a sexual harassment claim based on her failure to include the lawsuit as a potential asset in a Chapter 13 bankruptcy proceeding. In Spohn v. Van Dyke Public Schools, the...more
British Columbia says bulling and harassment “are not acceptable at any level” with Bill 14 by Fraser Milner Casgrain LLP on 5/8/2012 The British Columbia legislature recently tabled amendments to Bill 14—the WORKERS COMPENSATION AMENDMENT ACT, 2011—to address bullying and harassment in the workplace. The amendments to Bill 14, among other things, expand...more
A woman's injury during sex seen as legit work injury by judge by Johnston, Moore & Thompson, Huntsville... on 4/20/2012 We don't often write about international workers' compensation cases, but a recent ruling in an Australian case is notable enough to share on this Alabama blog. If you were on a work trip and got hurt during a sexual "tryst"...more
Court: Regional District Employees Are “Town” Employees; Claims Barred By Workers’ Compensation Act Exclusivity by Pullman & Comley, LLC on 4/17/2012 The Connecticut Supreme Court, in a decision that will be officially released next week (but released this morning), held that an animal control officer for several towns, was an employee of each of the towns. Because...more
Injuries that Occur on Your Way To or From Work by Jodi Ginsberg - Georgia Workers Compensation... on 4/12/2012 Georgia law is fairly well settled that an injury you incur while on your way to or from work is not a compensable injury. The policy behind this rules arises from concerns about the lack of control your employer would have...more
D.C. Circuit Disapproves of Continuing-Violation Theory in OSHA Recordkeeping Cases by McDermott Will & Emery on 4/11/2012 In AKM dba Volks Constructors, the U.S. Court of Appeals for the District of Columbia Circuit held that the Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA) may no longer issue citations...more
Collateral Source Rule Does Not Preclude Introducing "Negotiated Rates" of Past Medical Costs in Workers' Compensation Benefits... by Sedgwick LLP on 4/10/2012 In Lydia Sanchez v. Darrell G. Brooke, et. al., (March 8, 2012, B224835), California's Court of Appeal, Second District, acknowledged and extended the recent California Supreme Court decision in Howell v. Hamilton Meats &...more
11TH Circuit Upholds $1.7 Million Jury Verdict Against Carpenters Union for Illegal Secondary Boycott Campaign Against Non-Union... by Miller & Martin PLLC on 4/2/2012 The Southeastern Carpenters Regional Council mounted a campaign against Fidelity Interior in Atlanta, GA. The union sent letters to owners and general contractors warning them of adverse consequences if they used Fidelity, a...more
When An Attorney Is (and Isn't) Necessary in a Work-Related Injury Claim by Collins & Collins, P.C. on 4/2/2012 According to the Bureau of Labor Statistics 3.1 million nonfatal workplace injuries and illnesses were reported in 2010. A preliminary total of 4,547 fatal workplace injuries were reported for the same year. Most companies...more
Weekly Law Resume - March 29, 2012: Insurance–Trucker’s Financial Responsibility Endorsement by Low, Ball & Lynch on 4/2/2012 Global Hawk Insurance Company v. Century-National Insurance Company Court of Appeal, First District(February 29, 2012) This case considered whether an endorsement provided under the Financial Responsibility laws for a...more
Asbestos Exposure did not Cause Colon Cancer: Ontario WSIAT by Fraser Milner Casgrain LLP on 3/29/2012 A mining worker’s exposure to asbestos did not cause his colon cancer, the Ontario Workplace Safety and Insurance Appeals Tribunal has held. The worker worked for a “nickel producer” for approximately 38 years from 1959...more
Constitutional exceptions in religous employment by Karen Kalzer on 3/26/2012 Religious entities and communities of faith and their insurance carriers can take heart in pursuing defense judgments after the U.S. Supreme Court acted swiftly and unanimously in Hosanna-Tabor Evangelical Lutheran Church and...more