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Wednesday, December 1, 2010

Employee Sues Co-Worker Following Perfume Assault

An employee in Ohio who was denied a claim for workers' compensation benefits, has filed a lawsuit against her co-workers against her co-employees. With the workers' compensation claim have been rejected, the workers' compensation law would not act as a bar to such an action under the Exclusivity Doctrine.

In NJ an employee was
permitted to bring a claim for workers compensation benefits. The NJ court reasoned in its opinion that the accident occurred in the course of her employment and arose out of her employment. The exposure at work was deemed a "neutral risk," one that was out of the control of the employee.
The fragrance and cosmetic industry is now the target of potential regulation as the State of Colorado is considering legislation to ban cosmetics that contain cancer producing substances. The cosmetic and fragrance industry is largely self-regulated.

Recently the California Attorney General filed a  lawsuit against the manufacturers of a cosmetic product that contained formaldehyde, a hazardous substance. The complaint alleges that the cosmetic company engaged in deceptive identification, advertising and promotional practices.

"Recent testing by the Oregon Health & Science University’s Center for Research on Occupational and Environmental Toxicology and Oregon OSHA found between 6.3 and 11.8 percent formaldehyde in the solution. The Cosmetic Ingredient Review Expert Panel, a monitoring agency for cosmetic safety, states that formaldehyde is only safe at a level of less than 0.2 percent." Health Canada is warning Canadians that Brazilian Blowout Solution manufactured by Brazilian Blowout of California has been found to contain unacceptable levels of formaldehyde.

The Ohio employee, who is bringing the action against her co-workers, was hospitalized because of the exposure at work and now is forced to use an inhaler to relieve her respiratory symptoms.

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