Add Texting to the List of Things That Are Killing Us Faster

Today, in news that will make you feel bad about your existence: Texting and tinkering with mobile devices for extended periods of time could make you die sooner, the doctors of the world say. As The Telegraph reports, the hunchback pose that people adopt while staring down at their devices is known to increase the risk of an early death in the elderly. Chiropractors are concerned that younger people—who spend between one and two hours on their phones a day—could be shaving years off their lives. The United Chiropractic Association (and probably your mom) say that Gollum-like posture can be just as threatening a health risk as obesity, citing studies that bad posture in older people is linked with a disease called hyperkyphosis. Colloquially known as “dowager’s hump,” this condition is often associated with heart problems. Apparently older folk with even the slightest hump are 1.4 times more likely to die than those without. In other words, we’ve all been killing ourselves slowly while we sit, smoke, and apply sunscreen. Now texting is helping speed up the process.  “This isn’t alarmist or scaremongering; it’s what more and more research is telling us,” UCA chiropractor Edwina Waddell told The Telegraph. “And the good news is that it doesn’t have to happen because it’s something we all have a degree of control over.” Control? Sounds like someone’s never...

[Click here to see the rest of this post]


Related articles:

Workers' Compensation: Why Texting-While-Driving Bans ...

Nov 03, 2013

Lost in the clamor for stricter distracted-driving laws, a study from April 2013 found discouraging patterns in the relationship between texting bans and traffic fatalities. As one might expect, single occupant vehicle crashes dip ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Do Cities Need Texting Zones?

Oct 01, 2013

Andrew M. Cuomo revealed a plan to put "texting zones" on the New York State Thruway and state highways, where drivers can pull over and respond to text messages. This is, in part, a response to the fact that New York has ...

http://workers-compensation.blogspot.com/

Workers' Compensation: Woman was texting and driving ...

Oct 23, 2013

... drive on the roads. While the Federal government has strictly enforced the no texting while driving rule, the states maintain a patchwork of confusing regulations and statutory prohibitions. Today's post is shared from nj.com.

http://workers-compensation.blogspot.com/

Found on

New Jersey court rules texting a driver creates liability

Today's post was shared by WCBlog and comes from jurist.org

The New Jersey Superior Court [official website] ruled [opinion, PDF] Tuesday that knowingly sending a text message to someone who is behind the wheel creates liability for any causes of action that result from a potential collision. Previously, liability was only assigned to the driver that was texting. Defendant Shannon Colonna was sued for texting a driver who collided with a motorcyle less than 10 seconds after responding to her message.  The trial court dismissed [Bloomberg report] the plaintiff's theory of proximate cause, aiding and abetting illegal activity and joint liability against Colonna in a summary judgment. However, the plaintiffs appealed and the appellate court validated all of the theories of liability against her as trial-worthy arguments. However, the court found that the plaintiffs did not procure enough evidence to indicate that Colonna knew or had special reason to know that the recipient of her message was driving, and thus again dismissed the case for her liability: [W]e also reject defendant's argument that a sender of text messages never has a duty to avoid texting to a person driving a vehicle. We conclude that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text while driving. In response to this crash and several others, the New Jersey legislature enacted the Kulesh, Kubert, and Bolis Law [press release] to increase penalties...

[Click here to see the rest of this post]

Related articles

• Changes to California Insurance Don't Help (workers-compensation.blogspot.com)
• Why Overturning DOMA Is a Win for Employee Rights (workers-compensation.blogspot.com)
• UPS Won't Insure Spouses Of Some Employees (workers-compensation.blogspot.com)
• Administration Urges Rate Changes for US FELA Benefits (workers-compensation.blogspot.com)
• Modern Families and Worker Protections (workers-compensation.blogspot.com)
• Garlock testimony switches to financial liability (workers-compensation.blogspot.com)
• Asbestos Bankruptcy: Judge denies motion to keep Garlock trial open (workers-compensation.blogspot.com)

Found on

Texting a Message to A Driver Imposes Liability for an Accident

In an unanimous decision a NJ Appellate Court held a texter potentially liable for causing a motor vehicle accident:

"The issue before us is not directly addressed by these
statutes or any case law that has been brought to our attention.
"We must determine as a matter of civil common law whether one
who is texting from a location remote from the driver of a motor
vehicle can be liable to persons injured because the driver was
distracted by the text. We hold that the sender of a text
message can potentially be liable if an accident is caused by
texting, but only if the sender knew or had special reason to
know that the recipient would view the text while driving and
thus be distracted.

"In this appeal, we must also decide whether plaintiffs have
shown sufficient evidence to defeat summary judgment in favor of
the remote texter. We conclude they have not. We affirm the
trial court's order dismissing plaintiffs' complaint against the
sender of the text messages, but we do not adopt the trial
court's reasoning that a remote texter does not have a legal
duty to avoid sending text messages to one who is driving.

"We conclude that a person sending text messages has a 
duty not to text someone who is driving if the texter knows, or 
has special reason to know, the recipient will view the text 
while driving. But we also conclude that plaintiffs have not 
presented sufficient evidence to prove that Colonna had such 
knowledge when she texted Best immediately before the accident.

LINDA KUBERT AND DAVID
KUBERT,
Plaintiffs-Appellants,
v.
KYLE BEST, SUSAN R. BEST,
EXECUTRIX OF THE ESTATE OF
NICKOLAS J. BEST, DECEASED,
Defendants,
and
SHANNON COLONNA,

Defendant-Respondent.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-1128-12T4
August 27, 2013

….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Read more about "texting" and workers' compensation:

Working While Texting: The New Workers Compensation Defense

Jul 31, 2009

New technology encroaching upon the workplace has been both a help and a hindrance. Recent studies add to the growing volumes of data reporting that the use of cell phones while driving provides a significant distraction ...

http://workers-compensation.blogspot.com/

Distracted Driving Workers Compensation Claim Draws Major Public

Feb 11, 2011

A workers compensation claim filed by a state trooper for injuries he sustained while texting and speeding 126 miles per hour that resulting in a fatal accident with oncoming teenagers, a driver and a passenger, has drawn ...

http://workers-compensation.blogspot.com/

CDC Urges Employers to Prohibit Cell Phone Use While Driving

Apr 29, 2011

CDC urged employers to prohibit texting while driving. A safety initiative by employers will go along way to reducing workers' compensation costs. "What is already known on this topic? Highway transportation crashes are the ...

http://workers-compensation.blogspot.com/

Workers' Compensation: OSHA To Fine Employers for Distracted ...

Apr 18, 2011

Following the policy announced by President Obama in his Executive Order banning texting while driving, OSHA is calling upon all employers to ban texting while driving. It is the intention of OSHA to provide education and ...

http://workers-compensation.blogspot.com/

Related articles

• US Supreme Court Asked to Review MSP Preemption Issue (workers-compensation.blogspot.com)
• Despite backlogs, VA disability claims processors get bonuses (workers-compensation.blogspot.com)
• Who Is Paying the Bills for Occupational Illnesses and Disease? (workers-compensation.blogspot.com)
• Report Recommends Raising Workers' Compensation Premiums (workers-compensation.blogspot.com)
• Truck Drivers Beware - Your Insurance May Not be What You Think (workers-compensation.blogspot.com)
• Facebook Disclosure for 87 Class Action Plaintiffs? Federal Court Denies Discovery Request (workers-compensation.blogspot.com)
• Speed Camera Enforcement Will Begin on Sepember 9th, the First Day of School (workers-compensation.blogspot.com)

US Publishes Guidelines to Minimize Distracted Driving

Transportation accidents rank on the top of the list for worker fatalities. Now the federal government is attempting to reduce that number by restricting distractions while driving.driving. Voluntary guidelines reduce visual-manual distraction - the greatest safety risk to drivers in NHTSA's new study

U.S. Transportation Secretary Ray LaHood today released distraction guidelines that

encourage automobile manufacturers to limit the distraction risk connected to electronic devices built into their vehicles, such as communications, entertainment and navigation devices.

"Distracted driving is a deadly epidemic that has devastating consequences on our nation's roadways," said Secretary LaHood. "These guidelines recognize that today's drivers appreciate technology, while providing automakers with a way to balance the innovation consumers want with the safety we all need. Combined with good laws, good enforcement and good education, these guidelines can save lives."

Employers Now Banning Cell Phone Use

A recent survey reflects increase employer concern over cell phone use while driving. Such written policies may encourage courts to bar employees who engage in such activity from recovery under workers' compensation laws.


Click here to read the survey results: 

Companies Increasingly Concerned About Employee Use of Cell Phones While Driving

"The number of commercial fleet operators that have adopted written policies pertaining to employee use of cell phones while driving on-the-job has increased 29% in the past year – from 62% to 80% – according to the second annual survey of more than 900 transportation and fleet professionals conducted by ZoomSafer."

Related articles

• House passes statewide ban on using cell phone while driving (suntimes.com)
• LaHood calls for federal ban on using cell phones while driving (news.cnet.com)
• Law to Ban Medical Expense Claims Proposed (workers-compensation.blogspot.com)
• OSHA Fines NJ Employer For Unsafe Conditions (workers-compensation.blogspot.com)

Distracted Driving Workers Compensation Claim Draws Major Public Attention

A workers compensation claim filed by a state trooper for injuries he sustained while texting and speeding 126 miles per hour that resulting in a fatal accident with oncoming teenagers, a driver and a passenger, has drawn media attention. An effort to hold a hearing, "on the sly with no press," before the Illinois Workers' Compensation Commission is now receiving coverage by news organizations including; the Associated Press, the Belleville News Democrat, the Courthouse News Service, and the ABA Journal. 


Accidents caused by distracted driving are creating an emerging challenge for workers' compensation court to adjudicate. The National Institute for Occupational Safety and Health (NIOSH) is following the lead of the US Department of Labor by encouraging employers to ban cell phone use while operating vehicles. An outright prohibition and supporting legislation may lead to the prohibition of workers' compensation benefits in many jurisdictions in the near future unless more global and radical action is taken to re-mediate this dangerous activity.

The state trooper pleaded guilty to two counts of reckless homicide last year. He has since resigned from his job.


The attempt to conceal the hearing of the Illinois troop was the subject of internal e-mails reported by the Belleville News Democrat. Public commenting was removed from the on-line report because of abuses. No hearing date or location has been reported yet for the compensation hearing.

Related Articles:

NIOSH Supports Efforts to Ban Distracted Driving
Cell Phone Safety and Workers Compensation
The Trend to Exclude Distracted Driving from Workers Compensation Coverage
Put it Down - Friday April 30th
Driving While Distracted Compared to DUI
Are Driving Distractions Within the Course of Employment?
Employee Cell Phone Chat Results in $5.2 Million Payment to Widow by Employer