News & Analysis as of

Workplace Injury Car Accident

Cozen O'Connor

OSHA Opines When Motor Vehicle Injuries Are Work-Related

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In a recent standard interpretation dated June 12, 2024, OSHA clarified the circumstances when a motor vehicle injury and fatality would be considered work-related. In doing so, OSHA restated the general principle that...more

Marshall Dennehey

Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee...

Marshall Dennehey on

Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On...more

Marshall Dennehey

Appellate Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His...

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Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the...more

Weber Gallagher Simpson Stapleton Fires &...

Injuries During A Paid Travel Time Lunch Break Are Deemed Non-Compensable

On March 25, 2024, in an unpublished decision, the Superior Court of New Jersey Appellate Division rendered a decision that provided clarity with respect to the analysis of an off-premises lunchtime injury. In Latschaw v....more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Stands Firm: Upholding Lower Court Decision on Causation and Credibility

In keeping with past trends, the New Jersey Appellate Court has again refused to overturn a lower court decision that was based on the assessment of a witness’s credibility and competent evidence. In Smith v H&M...more

Chartwell Law

New Jersey Appellate Decision Based on the Workers’ Compensation Premises Rule

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A recent decision of the Appellate Division in Keim v. Above All Termite & Pest Control addresses the premises rule and its exceptions. The case involved an employee working as a pesticide applicator who traveled from...more

Weber Gallagher Simpson Stapleton Fires &...

Traveling Employees Always Have Greater Coverage In Course And Scope Of Employment Decisions

On October 12, 2022, in an unpublished decision by the Superior Court Appellate Division, the Courts once again followed the practice of finding greater coverage for course and scope of employment issues with a traveling...more

Cranfill Sumner LLP

Analyzing Compensability for Accidents Caused by Idiopathic Conditions while Driving

Cranfill Sumner LLP on

In North Carolina, it is well established that when an idiopathic condition is the sole cause of the injury, the injury does not arise out of the employment and is not compensable. An idiopathic condition is defined as “one...more

Console and Associates, P.C.

Dangers Delivery Drivers Face

We Looked at Ten Years of Delivery Driver Data: Here’s What We Learned - Whether delivery drivers are transporting packages, groceries, takeout food, or people, they’re also carrying a greater risk, compared to the average...more

Weber Gallagher Simpson Stapleton Fires &...

Long Detour to Restaurant for Lunch Post Business Meeting Found Not Compensable

In a recent unpublished Appellate Court Decision, Mackoff v. New Brunswick Saw Service, the court examined a deviation by a petitioner to obtain lunch after a client meeting. The petitioner was employed by New Brunswick Saw...more

Rivkin Radler LLP

Insurance Update - April 2021

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In this month’s update, state high courts consider reimbursement of defense costs, reimbursement of medical marijuana costs, and reimbursement of ransomware payments. Federal courts determine whether a debt collector is...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

Seyfarth Shaw LLP

OSHA Updates on Distracted Driving in Employment and in the Workplace

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Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving. OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.”  ...more

Orrick, Herrington & Sutcliffe LLP

Personal Jurisdiction/Forum Non Conveniens - The World in U.S. Courts: Summer 2019

Personal Jurisdiction Based on Knowledge of Texas Port of Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination Carmona v. LEO Ship Management, Inc., US Court of Appeals...more

Snell & Wilmer

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

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On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that...more

FordHarrison

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

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

Littler

U.S. Supreme Court to Consider Tribal Sovereign Immunity Issue Related to Individual Tribal Employees

Littler on

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke, (No. 15-1500) addressing the issue of whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal employees for torts...more

Seyfarth Shaw LLP

NIOSH Drive Safely Work Week 2015 – Is Your Company (and its Policies) Ready?

Seyfarth Shaw LLP on

The National Institute for Occupational Safety and Health (NIOSH) Center for Motor Vehicle Safety (CMVS), through its NIOSH Science Blog, recently featured the Drive Safely Work Week campaign. The event is scheduled for this...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - August 2015

Insured's Notice to Broker Satisfied Policy Requirements, Illinois Court Rules - Why it matters: An insured's notice to its broker satisfied the policy's notice requirements, an Illinois appellate panel recently...more

Spilman Thomas & Battle, PLLC

Pay me once, pay me twice, pay me thrice?

On November 15th the Supreme Court of Appeals of West Virginia issued the opinion of Jeffery Jenkins, et ux. v. City of Elkins, et al. (No. 11-1059). Factually, Mr. Jenkins was an employee of Bombardier Aerospace driving a...more

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