News & Analysis as of

Workplace Injury Evidence

Segal McCambridge

New York Labor Law Appellate Division Round-Up

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Issues involved with construction accidents in New York are very fact-specific, and it is important to obtain testimony and evidence of all aspects of the construction project to try and defeat a summary judgment motion....more

Weber Gallagher Simpson Stapleton Fires &...

Appellate Court Affirms Judge’s Discretion in Findings of Fact and Credibility

On June 24, 2024, the Superior Court of New Jersey Appellate Division rendered an unpublished decision that reiterated the significant deference given to Workers’ Compensation Judges (WCJ) in their assessment of medical facts...more

Weber Gallagher Simpson Stapleton Fires &...

New York Court of Appeals Clarifies WCL § 21(1) in Work Assault Cases: Timperio v. Bronx Lebanon

The New York Court of Appeals issued a decision last week, clarifying the rebuttable presumption of WCL § 21(1) in work assault cases, particularly in a mass shooting scenario. When an injury happens during work, it is...more

Mayer Brown

Cost Consequence of Sanctioned Payment with "Otherwise Proviso" - Li Suk Yee v. ParknShop (HK) Limited [2023] HKDC 1670

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Background and Decision of the Court Master - The Plaintiff was a store attendant in a supermarket. She claimed that she fell from a ladder while working at the supermarket when a shopping cart controlled by a customer...more

Weber Gallagher Simpson Stapleton Fires &...

The Idiopathic Defense: A Rare Win for the Employer

On September 28, 2023, the Superior Court, in an unpublished Decision, found in favor of the respondent and denied a Claim Petition based upon the idiopathic defense (Duane Sykes v. George Harms Construction Company, Inc.,...more

Marshall Dennehey

The Credibility of Injured Workers and Experts Can Make or Break a Case

Marshall Dennehey on

Key Points: Choice of examining physician can make or break a case. The credibility of the petitioner should be assessed early in investigation. Thorough investigations should be completed in any disputed claims....more

Weber Gallagher Simpson Stapleton Fires &...

Slippery When Wet: Parking Lot and Sidewalk Workers' Compensation To Pay or Not to Pay

Attorneys Vanessa Mendelewski and Jeffrey D. Newby review the statute and case law regarding the Workers’ Compensation Act in New Jersey and injuries occurring on sidewalks and parking lots while employees are coming to work...more

Jones Day

Australian High Court: Compulsory Examination of Employee not Tantamount to Compulsion of Corporate Accused

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The Situation: In 2016, a helicopter pilot died after he fell into a hidden ice crevasse in Antarctica. At the Coronial inquest, the coroner issued a subpoena requiring the chief pilot of the helicopter company to give...more

ArentFox Schiff

[Webinar] Managing An OSHA Inspection and Serious Workplace Accidents - December 4th, 1:00 pm ET

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Employers have a regulatory duty to promptly report workplace injuries such as employee fatalities, hospitalizations, or amputations to OSHA. Such workplace injuries often lead to OSHA inspections and frequently result in...more

Dentons

Using Surveillance to Aggressively Defend a Claim

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Post-accident video surveillance, social media canvassing, medical record canvassing, and public record document searches are great ways to aggressively defend a claim. These surveillance methods can help establish an...more

Seyfarth Shaw LLP

What Not to Do: Construction Contractor Charged With Lying to OSHA

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Seyfarth Synopsis: A construction contractor twice orders, via text message, his employees to work on a roof, and both times the employees fall through. ...more

Jones Day

General Contractors' Workers' Compensation Plan Bars Personal Injury Claims Against Subcontractor

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On July 13, 2017, Houston's Fourteenth Court of Appeals in Berkel & Company Contractors, Inc. v. Lee, 2017 WL 2986856, reversed a $43.5 million jury verdict for a superintendent who lost a leg after a crane collapsed at a...more

Cranfill Sumner LLP

State Legislature and Governor Work Quickly to Overturn Wilkes

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On July 20, 2017, Governor Cooper signed into law House Bill 26. The Bill, which passed unanimously in the State Legislature, addressed and reversed portions of the recent Supreme Court decision, Wilkes v. City of Greenville....more

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

The Employment Law Authority - January/February 2017

A Moving Target: The Not So Final Overtime Rule - On November 22, 2016, a federal judge for the Eastern District of Texas issued a preliminary injunction temporarily blocking the U.S. Department of Labor (DOL) from...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. ...more

Cooley LLP

Blog: Court Of Appeal Considers Application Of Fairchild Test In Asbestos-Induced Lung Cancer Cases

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In Heneghan v Manchester Dry Docks Ltd & Ors [2016] EWCA Civ 86, the Court of Appeal considered whether the Fairchild exception should be applied in a case of multiple exposures to asbestos leading to lung cancer. Like...more

Beveridge & Diamond PC

Louisiana Federal Court Rejects Expert Testimony Tying Gasoline to AML

Underscoring the importance of the distinction between a product and its component parts, a federal court in Louisiana refused to allow expert testimony that exposure to gasoline caused acute myeloid leukemia (“AML”) in a...more

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