The Chartwell Chronicles: Occupational Exposure Claims
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Texas House Passes Pandemic Liability Protection Act
#WorkforceWednesday: NY Travel Advisory Changes, CA’s COVID-19 Exposure Notice, Executive Order Reversals - Employment Law This Week®
Workers’ Compensation Academy: New Jersey, an Update on COVID-19 and its Impact on Workers’ Compensation
Asbestos workers in the state of Louisiana who have been diagnosed with mesothelioma cancer or asbestos lung cancer may be eligible to file a lawsuit or bankruptcy trust claim against the companies responsible for their...more
As a sovereign entity, the United States government is immune from suit unless it consents to be sued. However, its sovereign immunity may be waived under certain circumstances under the Federal Torts Claim Act (“FTCA”),...more
The U.S. Toxic Substances Control Act (TSCA) plays a critical role in regulating chemicals to safeguard human health and the environment. Its 2016 amendment expanded the U.S. Environmental Protection Agency’s (EPA's)...more
A federal appeals court just gave mine operators a reprieve from its strict new silica rule after temporarily blocking it from going into effect. The Mine Safety and Health Administration (MSHA) had announced on April 9 that...more
Court of Appeal of California, First Appellate District, Division Four - Blanca Hernandez, et al., v. Volkswagen Aktiengesellschaft, et al. This litigation arises from claims of asbestos exposure. The plaintiffs allege the...more
In December 2024, Ministerial Order 2024-12 introduced important amendments to Alberta's Occupational Health and Safety Code (the "Code"), expanding and streamlining workplace violence and harassment prevention requirements....more
California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....more
Jurisdiction: United States District Court for the Southern District of New York - Plaintiff Scott Keller alleged that he was exposed to asbestos during his employment on ExxonMobil Oil Company vessels and that he developed...more
Jurisdiction: Illinois Circuit Court – Cook County - This lawsuit involved a survival and wrongful death action brought under the Federal Employers’ Liability Act (FELA) in Illinois. Plaintiff, Annette Sanders, represented...more
The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more
In this third installment in our Aviation Symposium series of blog posts, we present the materials from the panel on Flight Attendants and Customer Service Agents: Risks and Liabilities. Our guest panelists included several...more
Having adopted stringent air emission controls on commercial sterilizers that use ethylene oxide (EtO), the Environmental Protection Agency (EPA) has now adopted further controls on workplace exposure to EtO, including...more
We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
City of Philadelphia v. Wayne Deloatch and Independence Blue Cross (WCAB); Independence Blue Cross v. City of Philadelphia and Wayne Deloatch (WCAB); No. 541 C.D. 2022 and No. 589 C.D. 2022; Filed Dec. 24, 2024 - Wayne...more
West Conshohocken Borough v. David Markland (WCAB); No. 1382 C.D. 2022; filed Jan. 2, 2025 - This case involved a Claim Petition filed based on an occupational disease. The claimant worked as a firefighter and filed an Act 46...more
On January 14, 2025, the Biden administration’s U.S. Environmental Protection Agency (EPA) posted a last-minute “interim” decision in the Federal Register for its review of ethylene oxide (EtO) under the Federal Insecticide,...more
Jurisdiction: Court of Appeals of Minnesota - Appellant Westrock Minnesota Corporation f/k/a Waldorf Corporation (Waldorf), challenged the district court’s ruling, denying summary judgment on respondent’s asbestos-related...more
Amato v. Twp. of Ocean Sch. Dist., No. A-2542-23 & A-2543-23 (November 25, 2024, approved for publication) - The petitioner filed a dependency claim in which he alleged the decedent (his wife) contracted COVID-19 during the...more
On January 14, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to address the unreasonable risk of injury to human health presented by Color Index (C.I.) Pigment Violet 29 (PV29) under its...more
On January 24, 2025, the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
Borough of Hollidaysburg v. Paul Detwiler (WCAB); No. 739 C.D. 2023; Filed November 19, 2024; Judge Wolf - The claimant was a firefighter who developed chronic myeloid leukemia that was diagnosed in 2014. He learned his...more
Workers whose jobs involved exposure to asbestos – including boilermakers, boiler workers, carpenters, factory workers, laborers, pipe coverers, and pipefitters – may be in danger of developing mesothelioma, asbestos lung...more
In a toxic tort case, plaintiffs must establish general causation. If a substance is incapable of causing the type of injury plaintiff claims, then it certainly didn’t cause theirs. Under Texas law, toxic tort plaintiffs must...more
On December 19, 2024, the Cal/OSHA Standards Board unanimously approved a proposal to make permanent amendments to its regulation regarding occupational exposures to respirable crystalline silica (RCS) in the general industry...more
Ongoing wildfires in Southern California trigger Cal/OSHA regulations that require employers to train and protect employees from wildfire smoke. The regulation applies to most outdoor workplaces, requiring employers to...more