Supreme Court Rules for Employers in Two Cases

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com

The Supreme Court Monday gave airlines a wide berth to report potential security threats, dismissing a pilot’s lawsuit alleging his employer defamed him by telling the Transportation Security Administration he could be armed and mentally unstable.

Separately, the court rejected a claim by steelworkers from Gary, Ind., that they were entitled to pay for time spent putting on safety gear, finding that the task qualified as “changing clothes,” for which their union contract didn’t require compensation.

Finally, Monday, the court sided with a convicted heroin dealer to rule that he couldn’t be punished for the death of one of his customers because of evidence that the man’s health was so poor he might have died even without the narcotic.

All three decisions were unanimous or nearly so, underscoring that despite gulfs in the most charged disputes, justices of different ideological backgrounds agree on a significant number of legal issues. Read the full story here.

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DWC's IMR Meetings Premature

The noise over the volume of Independent Medical Review requests and Maximus' inability to cope with that volume is at top level and the California Workers' Compensation Institute's latest research paper is certainly going to add to the fury. The Division of Workers' Compensation has scheduled round table meetings with interested groups for Monday and Tuesday. CWCI's release couldn't be more timely. CWCI says that basically IMR (and underlying Utilization Review) are working as intended. The say that only 5.9% of requested medical procedures are delayed, denied or modified through utilization review, and that three out of every four medical treatment requests are approved by claims adjusters without the need for additional oversight. Moreover, CWCI found 76.6% of the 919,370 treatment requests it evaluated that were sent out for physician review were approved, 6.6% were modified and 16.9% were denied. One-in-four treatment requests being sent for physician review and one-in-four of those physician-reviewed requests denying or modifying the recommendation means that 94.1% of treatments are approved and 5.9% are denied. CWCI also reviewed 1,141 independent medical-review decisions that had been issued as of Jan. 2 and found 78.9% of denials are upheld by the administrative review and 21.1% are overturned. Of the 919,370 medical treatment requests reviewed by CWCi researchers, "pharmacy" garnered fully 43% of all events - this is an astounding number and debunks quite a...

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Oklahoma Supreme Court Rejects Challenge To Worker's Comp Law - Opt-Out is The Law

The Oklahoma Opt-Out Law for workers' compensation has been upheld by the Oklahoma Supreme Court. The Industry biased system will take the place of the traditional system in Oklahoma in February 2014. Today's post is shared from newson6.com  . The Oklahoma Supreme Court has rejected a constitutional challenge to the state's new workers' compensation law. The court handed down the ruling Monday, just one week after justices heard oral arguments in a lawsuit challenging the law. The court rejected allegations the law contains multiple subjects in violation of the Constitution's single-subject rule that legislation address just one subject. The ruling says all sections of the new law are inter-related and refer to the single subject of workers' compensation or the way employees may ensure protection against work-related injuries. The legislation was signed into law by Republican Gov. Mary Fallin in May. It was challenged in the lawsuit by state Sen. Harry Coates, state Rep. Emily Virgin -- both Democrats -- and the Professional Firefighters of Oklahoma.

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Gas leak at Princeton University, 500 evacuated

Officials from Princeton University say a construction accident led to a gas leak Monday morning, prompting the evacuation of eleven buildings in the area. It was shortly before 10:00 a.m. when a backhoe struck a gas line south of the University's McCosh Health Center. About 500 people from 11 buildings in the immediate were evacuated as a precaution. PSE&G workers arrived on the scene and managed to turn the gas line off. Crews then checked gas levels in the evacuated buildings before giving the all clear and allowing people to reenter. There are no reports of injuries.

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Port truck drivers from 3 firms on strike

Truck drivers usually have challenging times with workers' compensation claims. Being off-premises most of the time and at high risk for transportation accidents on the road create complex factual situations. Worker's Compensation insurance carriers notoriously challenge truck driver claims. .'sToday's post was shared by Steven Greenhouse and comes from www.latimes.com

Port truck drivers from three Carson-based firms went on strike Monday, alleging unfair labor practices by their employers, union organizers said. Truck drivers from Green Fleet Systems allege their employer has in recent months retaliated against them for their efforts in seeking to unionize, organizers said. This is their second strike in less than three months. In late August, truck drivers went on a 24-hour strike that ended with a rally with clergy before returning to work. The other trucking firms being picketed are Pac 9 Transportation and American Logistics International, both based in Carson. Alex Cherin, a spokesman for Green Fleet and Pac 9, characterized the strikes as "the desperate acts of a group trying to force their agenda on an industry that time and time again has simply rejected them." Cherin said the majority of employees and drivers at Green Fleet do not want a union. In a statement, he said the company offers its employees competitive wages and benefits. "Because of this, and because of our demonstrated safety record, the overwhelming majority of our drivers vehemently and passionately have voiced their opposition to the current strike and organization effort." Union organizers said they plan to picket the three firms for 36 hours. The dispute between organizers and the firm centers over charges of unfair labor practices. Organizers said truck drivers have been harassed and intimidated by Green Fleet management as...

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New Jersey Supreme Court rules state must begin allowing same-sex marriages

Statutory dependency in workers' compensation claims will have an expanded meaning on Monday when same-sex marriages are allowed beginning on Monday in New Jersey. Today's post is shared from jurist.org.

The New Jersey Supreme Court [official website] on Friday ruled [text, PDF] that the state must begin recognizing same-sex marriages. The court declined to issue a stay on a lower court's decision [text, PDF] pending appeal. The lower court ruling found that, in light of US v. Windsor [SCOTUSBlog backgrounder; JURIST report], the status of civil unions deprive same-sex couples of federal benefits enjoyed by married couples. That ruling was challenged [JURIST report] by Governor Chris Christie [official website], who has argued recognition should be delayed pending a statewide referendum. Chief Justice Rabner rejected the state's claim that it will suffer irreparable harm if the order is allowed to be enforced, finding that no tangible harm can be found. The unanimous court held:

Because, among other reasons, the State has not shown a reasonable probability of success on the merits, the trial court's order directing State officials to permit same-sex couples, who are otherwise eligible, to enter into civil marriage starting on October 21, 2013 remains in effect. The lower court's ruling was allowed to stand, pending a hearing on the merits in January.

The heated debate regarding same-sex marriage [JURIST backgrounder] is one of the most polarizing [JURIST op-ed] issues currently facing the US legal community....

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