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Workplace Injury Internal Investigations

McAfee & Taft

Sheriff ok to fire depressed, intoxicated officer who claimed disability after shooting himself

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A federal appeals court recently upheld the firing of a law enforcement officer who intentionally shot himself while on duty and intoxicated. The decision reinforces an employer’s right to apply performance and conduct...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

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Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Bricker Graydon LLP

Using social media to detect workers’ compensation fraud

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Did you know that a Facebook profile can contain up to 40 pieces of personal information? Or that there are over 169 million Facebook users in the United States, with a workforce of only 129 million?...more

Bennett Jones LLP

Internal Investigations and Privilege: The Alberta Court of Appeal Weighs In

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The documents and records of an internal investigation into a workplace accident may be privileged notwithstanding a statutory obligation to carry out an investigation and prepare a report, the Alberta Court of Appeal...more

Bennett Jones LLP

Internal Investigations and Privilege: A Redux

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An internal investigation into a workplace accident was privileged, and thus protected from disclosure, the Alberta Court of Queen’s Bench recently held in Alberta v Suncor Energy Inc, 2016 ABQB 264 [Suncor]. The Court found...more

McGuireWoods LLP

How Does a Company Satisfy the Work Product Motivation Element for Post-Accident Investigations? (Part I)

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Companies frequently investigate accidents and other unfortunate incidents. If they do so in the ordinary course of their business, the work product doctrine normally does not apply. How do companies establish that a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSHA Ups the Ante for Employers That Fail to Report Workplace Injuries

On March 4, 2016, the Occupational Safety and Health Administration (OSHA) issued new procedures for enforcing revised injury and illness reporting requirements in 29 C.F.R. § 1904.39. Many of the 2014 interim procedures...more

Bradley Arant Boult Cummings LLP

Post-Accident Investigation Reports: Protecting Work Product

A workplace accident causes injury. In-house legal counsel edits the resulting post-accident investigation report and labels it “prepared in anticipation of litigation.” Many would assume without question that the report is...more

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