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Workplace Injury Employment Litigation

Seyfarth Shaw LLP

Responding to an Accident: OSHA and Legal Liabilities

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A terrible accident has occurred at your worksite.  An employee operating a forklift made an errant turn, crashed into a support beam, and sustained serious injuries....more

Ius Laboris

Site supervisor found guilty of criminal negligence causing death

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Michael Henderson, a young worker employed by Springhill Construction Ltd. died while working at a wastewater treatment and pumping plant in Fredericton, New Brunswick, in 2018.  The City of Fredericton contracted with...more

Carlton Fields

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

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Donald Kinsella was an employee of defendant Baker Hughes Oilfield Operations LLC. In June 2013, he suffered a work-related injury resulting in his disability and receipt of disability benefits for three years. Baker Hughes’...more

Goldberg Segalla

Fraud Doesn't Pay In New York – February 2023 Update

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Another Overview of Recent Decisions, Demonstrating the Board’s Continuing Attitude Toward 114-a. Key Takeaways: WCL 114-a provides the board with the authority to disqualify a claimant from receipt of lost time...more

Weber Gallagher Simpson Stapleton Fires &...

[Webinar] Pennsylvania Workers’ Compensation: Year in Review & Emerging Trends in Workers' Compensation - November 15th, 1:00 pm -...

The Pennsylvania edition of this program offers a year in review of the biggest cases and legislation from 2022. Additionally, attorneys Chris Davis and Michael Hyland will look to the future for 2023 to discuss trends,...more

FordHarrison

Texas Supreme Court Compels Arbitration after Nine Years: Why Employers Should be Cautious in Placement of Mandatory Arbitration...

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Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more

Bradley Arant Boult Cummings LLP

What the Court’s Treatment of Roe and a Workers’ Compensation Case Reveal about President Biden’s Approach to Cannabis

The leaked opinion overturning Roe, combined with a largely unknown workers’ compensation case pending before the Supreme Court, reveal the Biden administration’s position on cannabis: The Biden administration doesn’t care...more

Littler

Ontario, Canada: OCA Decides Union Member’s Tort Claim Against Third Party Must be Decided by Court Rather than Arbitrator

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In McCoy v. Choi, 2022 ONCA 403, the Court of Appeal for Ontario (OCA) dismissed an appeal of a motion judge’s order, which allowed a Canadian Football League (CFL) player’s action for damages against a physician for...more

Snell & Wilmer

Utah’s Employer/Independent Contractor Distinction Remains Cloudy, Even To Judges

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In a February 3, 2022 opinion by the Utah Court of Appeals, the struggle that courts have in distinguishing between employees and independent contractors continues. In Jensen Tech Services and Sentinel Insurance Company,...more

FordHarrison

Illinois' Workers' Compensation Act Not a Bar to BIPA Claims

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For months now, employers and their counsel have been awaiting the Illinois Supreme Court’s ruling in McDonald v. Symphony Bronzeville Park, LLC regarding whether the Illinois Workers’ Compensation Act preempts claims for...more

Proskauer - Law and the Workplace

Supreme Court Rules That BIPA Claims Are Not Barred By Ill. Workers’ Compensation Act

On February 3, 2022, the Illinois Supreme Court ruled that the exclusivity provisions of the Illinois Workers’ Compensation Act (“IWCA”) do not bar a claim for statutory damages under the Illinois Biometric Information...more

Verrill

2021 Employment Law Update: Part 12 – Tips and Trends for 2021 and 2022

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Join Verrill attorneys Elizabeth Connellan Smith, Douglas P. Currier, Emily Coombs Waddell, Richard G. Moon, and Robert C. Brooks as they sum up the year's trends in labor & employment and suggest tips for how to be prepared...more

Tucker Arensberg, P.C.

PA Supreme Court Extends Employer Liability For Injury Sustained After Work Happy Hour

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The PA Supreme Court has extended the Workers’ Comp application of the “traveling employee” doctrine to include an employee’s attendance at happy hours, holiday parties and other social gatherings that are sponsored by the...more

Carlton Fields

Court Refuses to Vacate Award Stemming From Workplace Personal Injury

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The U.S. District Court for the Southern District of New York recently refused to vacate an arbitration award stemming from a workplace personal injury after the arbitrator concluded that the employee was primarily...more

White and Williams LLP

[Webinar] Lehigh Valley Labor & Employment Seminar - May 26th, 9:00 am - 12:00 pm EDT

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Presenters will provide recent legal developments, trends and cases that impact workplace practices and operations; issues related to Covid will be incorporated throughout the presentations. Programming will be presented in...more

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

Federal Judge Dismisses Wife’s COVID-19 Tort Suit Against Husband’s Employer

On May 10, 2021, a judge for the U.S. District Court for the Northern District of California dismissed a lawsuit filed by the wife of a construction worker against his employer after he allegedly contracted COVID-19 at his...more

Littler

‘Cause We’re Still Living – At Appropriate Distance – in a World of Fools (Spanning the Globe Because You Still Can’t)

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WARNING: this article is intended for immature audiences. Hopefully, that light at the end of the tunnel is not the on-coming 5:15 from New Haven. While we’ve been fortunate to have continued working safely and responsibly...more

Genova Burns LLC

A Forklift Operator Walks into a Bar

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On August 7, 2020, the New Jersey Appellate Division upheld the trial court’s dismissal of a negligence action filed by a leased warehouse worker against his employer for injuries sustained while on duty. In Hocutt v. Minda...more

Laughlin, Falbo, Levy & Moresi LLP

California Appellate Decision Limits Hikida; Allows Apportionment For Impairment Caused By Medical Treatment

In a recent case which is helpful to the defense bar, County of Santa Clara v. WCAB (Justice), the 6th District Court of Appeal in California limited the scope of the findings in the 2nd District Court’s previous holding in...more

Fisher Phillips

Comprehensive FAQs For Employers On Hurricanes And Other Workplace Disasters

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This article addresses many employment-related issues facing employers in the wake of hurricane-related disasters; consequently, in addition to federal laws, we also focus on certain state laws, especially those in the areas...more

Constangy, Brooks, Smith & Prophete, LLP

No Harm, No Foul? Maybe Yes, Maybe No.

If you have ever played in or watched a game in which the players called their own fouls, penalties or rules violations, you probably heard one of them respond to an alleged infraction by claiming, albeit with more colorful...more

Burr & Forman

11th Circuit Clean Sweep for Pilgrim's Pride Corporation on FMLA and ADA Claims Due to Alleged Repetitive Injury

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On June 1, 2020, the Eleventh Circuit Court of Appeals entered an unpublished, per curiam decision affirming the grant of summary judgment in the U.S. District Court for the Middle District of Florida, Jacksonville division...more

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends, Issue 9

This ninth edition of Unprecedented, our weekly update on COVID-19-related litigation, continues to be dominated by shutdown challenges and workplace injury and wrongful death claims. But as governments discuss contact...more

Fisher Phillips

North Carolina Essential Businesses Receive Partial Liability Cover During COVID-19 Recovery

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North Carolina employers let out a collective sigh of relief Wednesday – not just because Phase 1 of the state’s reopening will begin on May 8, but also because essential businesses will receive a form of limited business...more

Chartwell Law

VIDEO: Work Related Injuries... From Home

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Chartwell Law workers’ compensation attorneys Brittany Atkinson, Lee Fiederer and Jason Hanford discuss the growing reality of more and more employees working from home and what might happen when those workers are injured in...more

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