Category Workman’s Comp

OSHA Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008

This new rule from the Occupational Safety and Health Administration (OSHA) establishes the finalized procedures for the handling of retaliation complaints under Section 219 of the Consumer Product Safety Improvement Act (CPSIA) of 2008. OSHA responded to comments from The National Whistleblower Center (NWC), the Government Accountability Project (GAP), and Todd Miller requesting provision clarifications […]

Omar v. Al Masar Transp. Co.

Although Section 9(b) of the Longshore and Harbor Workers’ Compensation Act provides for death benefits for the widow of a decedent, it does so only in cases where the widow was living with, dependent upon, or separated from the decedent for a justifiable cause or by reason of desertion at the time of his death. […]

National Football League Players Association v. National Football League

Article 14, Section 1 of the Collective Bargaining Agreement (CBA) between the National Football League (NFL) and the National Football League Players Association (NFLPA) does not apply to players providing or offering to provide financial incentives to injure opponents.  In this case, the NFL Commissioner suspended four New Orleans Saints players for allegedly receiving monetary […]

Peter J. Vandermeer v. Lincoln Hockey, LLC

When an individual suffers from permanent partial disability due to a work injury, he will be given compensation pursuant to a reasonable percentage determination of permanent partial disability. Vandermeer claimed thirty-six percent permanent partial disability after he fractured his leg during a hockey game with the Hershey Bears when an opposing player “body checked” him […]

California vetoes Domestic Workers Bill of Rights

During an eleventh hour vote, California governor Jerry Brown vetoed legislation which would have protected approximately 200,000 domestic workers in California by providing for overtime, the right to breaks for adequate sleep, greater access to worker’s compensation, the right to prepare one’s own meals by having access to an employer’s kitchen, the right to obtain […]

New Wisconsin Law Limits State Court Discrimination Remedies

On April 6, 2012, Wisconsin employers celebrated as Governor Scott Walker signed into law legislation repealing a state law enacted in 2009 that permitted employees to recover compensatory and punitive damages in employment discrimination suits under the Wisconsin Fair Employment Act. The bill was opposed by special interests groups advocating for women’s rights who painted […]

Indiana Supreme Court Cuts Employee’s Wage and Hour $18M Damages

The Indiana Supreme Court on Friday said that the $18 million back pay recovery of non-merit employees in a long-running class action over hourly wages with the state should be cut because of their “unreasonable” delay in seeking recovery. The almost 19-yearlong dispute involved claims by merit and non-merit employees of Indiana state who said […]

Federal Register Update from the DOL Wage & Hour Division on FMLA

According to Workplace Prof Blog, the Department of Labor’s Wage & Hour Division has posted in the Federal Register a Notice of Proposed Rulemaking related to the Family Medical Leave Act.  Here’s a summary of what will be covered: The Department of Labor’s Wage and Hour Division proposes to revise certain regulations of the Family and Medical […]

Michigan Bill Seeks to Limit Workers’ Compensation

This past week in Michigan, the state Senate held a hearing on H.B. 5002, an anti-workers bill that would undermine workers’ compensation by creating unnecessary obstacles for injured Michigan workers who seek compensation for work-related injuries.  If passed, the bill would significantly reduce compensation payments, restrict injured workers’ right to select their own health-care providers, […]

Supreme Court To Hear Injured Maritime Worker’s Appeal

In February of 2002, while employed as a gatehouse keeper for Sea-Land Services in Dutch Harbor, Alaska – Mr. Dana Roberts – suffered injuries to both his neck and shoulder, which caused him to leave work. Kemper Insurance Company, Sea-Land’s insurer, made voluntary temporary total disability benefits to Roberts until May of 2005. In October […]