News & Analysis as of

Workplace Injury

Can a CCIP Provide Workers' Compensation Immunity for Claims by Injured Employees of Subcontractors?

by Murtha Cullina on

In Connecticut, the answer was yes. Work-related injuries are an unfortunate reality in the construction industry, as are the lawsuits that often follow....more

Status of State Plan Implementation of OSHA’s E-Recordkeeping Data Submission Rule – Updated

by Conn Maciel Carey LLP on

OSHA’s Final Rule to “Improve Tracking of Workplace Injuries and Illnesses” (aka the E-Recordkeeping Rule) requires employers of certain sizes that fall into certain categories to proactively submit electronic injury and...more

Legal Perspective on the Health, Safety & Security Responsibilities for US Mobile Workforce

by Fisher Phillips on

Fisher & Phillips LLP attorneys are not only well equipped to assist employers in developing or updating safety and health management programs for employees working domestically, but can also assist employers who are sending...more

The Importance of Maintaining a Safe Construction Site

In October, a Florida jury found a general contractor liable for $45 million for the death of a motorist killed by one of the contractor’s trucks pulling out of a road construction job site. The case highlights the importance...more

Appellate Division to Revisit (for a Second Time) the Issue of Refusal of Suitable Work in St. Louis V. Acadia Hospital

by PretiFlaherty on

In St. Louis v. Acadia Hospital Corp., WCB No. 10002460 (April 14, 2017), the Maine Workers’ Compensation Board issued a decision dated March 4, 2015, finding the Employee had not refused an offer of suitable work and awarded...more

Appellate Division Revisits Issue of Refusal of Suitable Work

by PretiFlaherty on

In Johnson v Maine Department of Transportation, WCB App. Div. No. 17-32 (October 11 2017), the employee sustained a low back injury on May 12, 2010, causing a herniated disc. He had surgery but was unable to resume his...more

Timing is Everything: Tenth Circuit Overturns Insurer’s Disability Decision as Arbitrary and Capricious

by Seyfarth Shaw LLP on

Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more

Industrial manslaughter – will the response to community outrage deliver results?

by Seyfarth Shaw LLP on

The community was rightly outraged by the tragic loss of life in incidents at Dreamworld and Eagle Farm. The recent legislative response to those tragedies has attracted significant media attention, with laws recently rushed...more

Second Circuit Clarifies New York Anti-Subrogation Law Prohibits Offsets For Settlements; Declares Plan’s Choice-of-Law Provisions...

The U.S. Court of Appeals for the Second Circuit has ruled that New York’s anti-subrogation statute, N.Y. Gen. Oblig. Law § 5-335(a), applies both to “offsets” for prospective benefit payments and to reimbursements for prior...more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Appellate Division Reverses Decision Supporting Causation Based on Speculative Medical Evidence

by PretiFlaherty on

Generally speaking, the petitioning party bears the burden of persuasion to establish all elements of a claim on a more probably than not basis. Fernald v. Dexter Shoe Co., 670 A.3d 1382 (Me. 1996)....more

New Legislation Provides for Right to Benefits to Employees Participating in Vocational Rehabilitation, Limited Exceptions for...

by PretiFlaherty on

The Maine Workers’ Compensation Act provides, “[w]hen as a result of injury the employee is unable to perform work for which the employee has previous training or experience, the employee is entitled to such employment...more

Appellate Division Addresses Adequacy of Findings of Fact for Appellate Review

by PretiFlaherty on

Under§ 318 of the Maine Workers’ Compensation Act: ...From the evidence or statements furnished, the administrative law judge shall in a summary manner decide the merits of the controversy ...The administrative law judge,...more

Maine Supreme Court Case Involving Dispute Over Volunteer vs. Employee Status Could Have Far-Reaching Implications

by PretiFlaherty on

Under the Maine Workers’ Compensation Act (§ 102(11)(A)), an “employee” is “every person in the service of another under any contract of hire, express or implied, oral or written.” Generally, volunteers are not covered...more

Appellate Division Revisits Retirement Presumption in Various Contexts

by PretiFlaherty on

Under the “retirement presumption” (§ 223 of the Maine Workers’ Compensation Act), an employee who terminates active employment and is receiving nondisability pension or retirement benefits is presumed not to have a loss of...more

WCB Limits Requirement for Notice of Rights Leading up to Cessation of Partial Incapacity Benefits after 520 Weeks

by PretiFlaherty on

For injuries on or after January 1, 2013, partial compensation is calculated using 2/3 of the difference between the employee’s average weekly wage and post-injury earnings subject to the maximum rates. An employee’s benefits...more

[Webinar] OSHA Fatality and Injury Reporting Rule: Lessons Learned - November 14th, 1:00PM ET

by Conn Maciel Carey LLP on

The Obama Administration rolled-out a major change to OSHA’s Fatality & Injury Reporting Rule, which resulted in thousands of more reports of incidents to OSHA. Now, three years into the new reporting scheme, this webinar...more

Trump Nominates FedEx VP for Safety as OSHA Administrator

by Seyfarth Shaw LLP on

The White House announced on October 27th that it has nominated Scott A. Mugno to be the Assistant Secretary of Labor, Occupational Safety and Health. If confirmed, Mr. Mugno will serve as the Administrator of the federal...more

Are Falls Falling?

by Kelley Drye & Warren LLP on

On September 26th, OSHA announced that citations for 9 out of the 10 most frequently cited standards noticeably declined since fiscal 2016. According to OSHA data, preliminary violation numbers from last fiscal year dropped...more

Flight Attendants Face a New Safety Threat: Angry Passengers

by Howard Ankin on

The increasing number of in-flight injuries caused by angry passengers is a growing concern. Over the past year, flight attendants and passengers have suffered serious injuries due to angry, out-of-control passengers who take...more

Workers’ Compensation Settlements: Are You Protected Against Future Employment Claims?

by McNees Wallace & Nurick LLC on

Picture this. You have just settled a problem workers’ compensation case and you or your carrier have disbursed settlement checks totaling $100,000 in exchange for a full and complete compromise and release of “any and all...more

Reporting In-Patient Hospitalizations to OSHA: Common Misunderstandings and Mistakes

by Conn Maciel Carey LLP on

The regulatory requirement at 29 C.F.R. 1910.39, OSHA’s Fatality and Serious Injury Reporting Rule, which requires employers to report to OSHA certain in-patient hospitalizations, may seem straightforward, but there are...more

OSHA Still Considering Revising Electronic Recordkeeping Rule

by Jackson Lewis P.C. on

With the December 1, 2017 deadline fast approaching for covered employers to electronically submit injury and illness records to OSHA, the Agency has indicated that it is close to completing its review to the Obama-era...more

OSHA Injury Tracking Application Up & Running

by Jackson Lewis P.C. on

On August 16th we reported that OSHA had suspended user access to its new Injury Tracking Application (“ITA”) that serves as the web portal for the submission of injury and illness information under OSHA’s “Improve Tracking...more

Employment Law Letter - Fall 2017

by Shipman & Goodwin LLP on

Does Substance Abuse Qualify for FMLA? Some may be surprised to find the answer is yes, provided certain criteria are met. However, a federal judge in Connecticut recently issued a decision that shows the FMLA card can’t...more

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