News & Analysis as of

Workplace Injury

Victorian OHS enforcement: why change the game plan when your team is on top?

by Seyfarth Shaw LLP on

On Friday 24 March, Western Bulldogs kicked off their 2016 premiership defence with a tenacious win against Collingwood. Round 1 of the 2017 AFL season also coincided with the introduction of the WorkSafe Legislation...more

Worker entitled to sue coworker for failure to report absence of or defect in protective equipment: court

by Dentons on

An Ontario judge has allowed an injured worker to proceed with his lawsuit against a coworker for failing to report the absence of or defect in fall arrest equipment....more

The Heavy Burden of Light Duty in California: Court Assesses Multi-Million Dollar Disability Award

Many employers offer light duty programs to employees who are temporarily disabled. Reasonable accommodation obligations imposed by California’s Fair Employment and Housing Act (FEHA) may come into play when administering...more

OSHA Violations Lead to Criminal Indictments and $1,475,000.00 Proposed Penalties

by SmithAmundsen LLC on

An OSHA investigation concluded on April 11, 2017 found that Atlantic Drain Service Company, Inc. failed to train its employees to recognize and avoid cave-in and collapse hazards, and failed to provide basic safeguards...more

No Excuses: Preventing Construction Site Accidents and Remembering the Dead

by Lewitt Hackman on

With Spring comes not only warmer weather, a change in time, and the start of baseball, but a return of construction projects as builders begin another season of home and commercial building. ...more

Indiana Expands Workers’ Compensation Compensability to Broaden Coverage for “Volunteer Work”

by Reminger Co., LPA on

In John C. Morris v. Custom Kitchen & Baths, 64 N.E.3d 912 (Ind. Ct. App. 2016), trans. denied (March 2017), a licensed building contractor demonstrated sufficient connection between volunteer work and his business such that...more

Impact of Marijuana on Maine Workers’ Compensation

by PretiFlaherty on

Marijuana use in the State of Maine has been in a state of flux over the past several years. The introduction of the Maine Medical Use of Marijuana Act, Maine Workers’ Compensation Appellate Division decisions, and a recent...more

Corporations are People Too! Ontario Court Confirms that Corporations Have a Right to a Speedy Trial

by Bennett Jones LLP on

Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario Court of Justice,...more

Tragedies on and off the silver screen: How to avoid costly workplace injuries

by FordHarrison on

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror....more

What's Next for OSHA Under the Trump Administration

by Pepper Hamilton LLP on

Over the past several months, many articles have been written, including by this author, regarding the strengthening, expanding and adding of “teeth” to the regulations and the reach of the Occupational Safety and Health...more

Washington Court Finds Port District Liable for Worker’s Severe Injuries at Airport and Rejects Federal Aviation Preemption...

by Lane Powell PC on

The Washington Court of Appeals recently affirmed a $40 million verdict in favor of a worker seriously injured at SeaTac International Airport while performing ground services for a contractor on the airplane ramp. The...more

Iowa Workers' Compensation Reform Update

by Davis Brown Law Firm on

Governor Branstad signed the workers’ compensation reform bill into law Thursday, March 30. The bill affects injuries on or after July 1, 2017....more

Judge Continues Case Challenging OSHA Electronic Record-Keeping Rule – Employers Must Comply With July 1 Electronic Reporting...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A Texas federal court won’t decide the legality of OSHA’s rule regarding the “Tracking of Workplace Injuries and Illnesses” until after the July 1, 2017 deadline for employers to comply with the rule....more

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

by Baker Donelson on

A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

Lawlessness Quashed, Part II: President and Congress Stop OSHA’s Attempt to Avoid the Volks Decision

On Monday, April 3, 2017, President Trump signed a Congressional Review Act resolution, passed by the House on March 1 and by the Senate on March 22, that disapproves of the Occupational Safety and Health Administration’s...more

Legislature's Plenary Power Trumps Constitutional Attacks As Court Upholds IMR Process

A second district of the California Court of Appeal has now upheld utilization review (UR) and independent medical review (IMR) as constitutional means to manage medical treatment in California's workers' compensation system....more

Gavel to Gavel: OSHA Rule Impacts Drug, Alcohol Testing

by GableGotwals on

An Occupational Safety and Health Administration (OSHA) rule in effect as of December, should prompt employers to re-evaluate their post-accident drug and alcohol testing policies and practices. Originally published in...more

OSHA Staying the Course…for now…

by Jackson Lewis P.C. on

At a recent American Bar Association meeting, Dorothy Dougherty, Acting Assistant Secretary of Labor for OSHA and Tom Galassi, Acting Deputy Assistant Secretary of Labor for OSHA both noted that while there has been a change...more

Congress Repeals New OSHA Injury and Illness Recordkeeping Rule - President Trump Blocks Fair Pay and Safe Work Places Executive...

by Sherman & Howard L.L.C. on

Last week, the Senate approved a resolution killing a recordkeeping rule finalized by OSHA in December 2016, and this week, President Trump signed a congressional resolution invalidating the Fair Pay and Safe Workplaces...more

OSHA Promotes “Safe and Sound Campaign” to Assist Employers - A Change in Approach?

by Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA has recently “launched” a “Campaign for Safety & Health Programs,” that it indicates is an approach that has been proven by “best in class” employers to reduce injuries and illnesses and improve their...more

Ohio Supreme Court Narrows Voluntary Abandonment Defense

by Reminger Co., LPA on

Ohio’s workers’ compensation system is a no-fault system arising from a mutual compromise between employers and injured workers. The system protects employers from personal injury lawsuits from injured workers and provides a...more

Workers Comp Continues To Be Exclusive Remedy for Workplace Injuries

Workers compensation laws are among the oldest protective labor statutes, dating back to the early 1900’s. Workers compensation embodies a simple tradeoff: employees may not bring personal injury lawsuits against their...more

Lunchtime car accident a matter for WSIB, not courts, WSIAT rules

by Dentons on

The Ontario Workplace Safety and Insurance Appeals Tribunal has ruled that an employee who was injured at lunchtime in a car accident was barred from suing the other driver in court.  Instead, he must go through the WSIB for...more

OSHA’s Attempt to Expand Citation Statute of Limitations Thwarted by Congressional Review Act Senate Vote

by Miller Canfield on

On March 22, 2017, the Senate, by a vote of 50-48, passed a House of Representatives’ resolution which overturned the OSHA Rule seeking to expand the statute of limitations period for citations it issues to...more

Senate Approves Measure to Kill OSHA Statute of Limitations Change for Recordkeeping Violations

by SmithAmundsen LLC on

On March 22, 2017, the U.S. Senate passed a measure to revoke OSHA’s modification to the six-month statute of limitations for recordkeeping violations. Under the Obama Administration, OSHA issued a new rule to extend the...more

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