Workplace Injury

News & Analysis as of

Georgia Magistrate Judge Limits OSHA Safety Inspections in Poultry Plants

The Occupational Safety and Health Administration is fighting a Gainesville, Georgia, magistrate judge’s recommendation that would restrict its new regional worker-safety program aimed at poultry processing facilities....more

Pokémon Go in the Workplace: Catch all the Issues before They Catch You

The new smartphone app, Pokémon Go, has taken the world by storm. This increasingly popular free game uses the GPS feature and camera of the player’s smartphone to capture creatures called “Pokémon” who appear on the user’s...more

OCSLA Coverage for Land Injuries Has Limits

James Baker, Jr. v. Director, OWCP; Gulf Island Marine Fabricators, LLC, U.S. Fifth Circuit No. 15-60634 (August 19, 2016). In this case the Court of Appeals affirmed the Administrative Law Judge’s (ALJ) determination that...more

OSHA Responds to Manufacturers’ Lawsuit on New Workplace Injury and Illness Reporting Rule

Seyfarth Synopsis: OSHA asserts that its new injury illness reporting rule is fully within OSHA’s mandate. This is in follow-up to our earlier blog on OSHA’s new rule, Improve Tracking of Workplace Injuries and Illnesses...more

Commercial landlords: Time to tune up your indemnity provisions

The California Court of Appeal recently issued an opinion which reminds us to take another look at the “boilerplate” indemnity provisions in commercial leases. In Morlin Asset Management LP v. Murachanian (B259800), a...more

[Webinar] Post-OSHA Citation: Contest Process, Settlement Goals and Strategy - September 7th, 1:00pm EDT

You just received a set of OSHA citations in the mail. What now? Should we accept the citations and pay the penalty? Should we participate in an Informal Settlement Conference with the OSHA Area Office? Should we contest...more

OSHA Pilots New Expedited Whistleblower Process – Will Allow Complainants to Request Judicial Review

Seyfarth Synopsis: The DOL announced this week its new Whistleblower expedited Case review pilot process, to be conducted in its Region 9. Employers in this region may now anticipate even more cases going to the ALJ’s, and...more

Where Does a Third Party “Stand” on Liens?

Dion v. William Robert Batten, Sr. (8/2/16) Facts and Procedural History: Plaintiff was employed by Neuwirth as a servicing agent. In the course and scope of his employment with Neuwirth, he was involved in a car...more

A Matter of Known Percentages

When Apportionment of an Injury is Appropriate - Harris v. Southern Commercial Glass and/or Southeastern Installation Inc. (8/16/16) Facts and Procedural History: Plaintiff sustained a compensable back injury...more

Health Alert (Australia) August 22, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Australian Capital Territory (ACT) 15 August 2016 Calvary Hospital Auxiliary Inc v D'Amico [2016] ACTCA 39 - The appellant,...more

"Employment Flash - August 2016"

The August 2016 edition of Employment Flash covers a number of developments, including the U.S. Supreme Court's ruling on when the clock starts ticking on the filing period for constructive discharge claims; the Department of...more

Sixth Circuit Confirms That The ADA Does Not Require Employers To Create Permanent Light Duty Positions For Disabled Employees

Giving an employee temporary light duty does not mean you have to create a permanent light duty position as a reasonable accommodation, at least according to a recent Sixth Circuit case. Here are the facts the Court...more

Watch Out For OSHA’s New Anti-Retaliation Injury Reporting Procedure

A little known subsection of a new OSHA regulation can significantly impact, and may require changes to: 1) employer post-accident drug testing programs, 2) employer policies about employee injury reporting, and 3) employer...more

Bad Faith Actions for Excess Judgments….is There Trouble Brewing for Recalcitrant Primary Insurers

Can an excess carrier go ahead and fund an excess primary limits settlement and then assert a claim for bad faith against the primary insurer who previously refused to accept and fund a prior in-limits policy demand? On...more

New OSHA Rule Restricts Post-Accident Drug Testing -- Enforcement Begins November 1, 2016

Federal law has traditionally imposed very few limitations or requirements on drug testing of employees. That changes on August 10, 2016, when a new reporting rule issued by the Occupational Safety and Health Administration...more

Seattle Ballot Initiative Targets Hotel Industry

According to Ballotpedia, 140 state ballot initiatives in 35 states have already been certified for the November 8, 2016 election. This number does not include the many city-wide measures that will be before voters on...more

Proof of Workplace Injury Not Required for Workers’ Compensation Retaliation Claim in Ohio

Proof of a workplace injury is not required to state a prima facie claim of retaliatory discharge under Ohio’s workers’ compensation statute, the Ohio Supreme Court has ruled, resolving a split among the Ohio Courts of...more

Will Post-Accident Drug Testing Still Be Allowed Under New OSHA Rules?

When the Occupational Safety and Health Administration (OSHA) announced its May 2016 Electronic Recordkeeping Rule, most employers focused on the Rule’s increased reporting requirements and the imminent public posting of...more

Employers: August 10th Deadline to Comply with Updated OSHA Rule

In May, the Occupational Safety and Health Administration (OSHA) published its final rule on electronic reporting of workplace injuries and illnesses. The new rule enhances an employer’s obligation to ensure that employees...more

Workplace Policy Institute Insider Report — August 2016

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more

Front Pay & Back Pay: How About No Pay?

In Caterpillar Logistics Services, Inc. v. Amaya, 2016 WL 822020 (Fla. 3d DCA July 13th, 2016), Rudolph Amaya suffered an on-the-job injury to his back and knee while working at Caterpillar’s facility.  Shortly thereafter,...more

In Limbo: Fate of New OSHA Anti-Retaliation Rules Still Uncertain

As reported by HR Legalist, the Occupational Safety and Health Administration (OSHA) announced a set of new recordkeeping and reporting rules in May 2016. A central provision of the new rules, which requires employers of a...more

Employers Who “Usually” Employ 3 or More Employees: the Threshold for Mandatory Worker’s Compensation in Wisconsin

In general (i.e. non-farm) employment, Wisconsin’s Worker’s Compensation Act becomes mandatory for employers under either of two circumstances. In the event such an employer pays $500 in wages during any calendar quarter,...more

NIOSH Offers Free Training Program to Help Employers Address Safety Risks Faced by Home Healthcare Workers

Seyfarth Synopsis: NIOSH releases a comprehensive training curriculum that home healthcare employers can use to minimize safety risks and prevent OSHA citations. We had blogged previously about OSHA’s “Strategies and...more

Tenth Circuit Drills Down Into Roots Of Moral Hazard, Comes Up Dry

Moral hazard (one of this blog’s preoccupations) usually comes up in disputes over the scope of coverage under an insurance policy. But state legislatures often address it, too—for example, by imposing limits on agreements...more

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