A federal jury in the District of Massachusetts has found that a Massachusetts employer and his company retaliated against an employee who reported an on-the-job injury. The jury awarded $650,000 in damages – $600,000 in punitive damages and $50,000 in compensatory damages – as a result.
Copyright
Thursday, June 23, 2022
California Supreme Court Agrees to Review COVID Take Home Liability Case
The California Supreme Court has accepted for review the question of whether the workers’ compensation act bars a claim against an employer by a household contact of an employee who contacted COVID at work. The court granted the request, made under California Rules of Court, rule 8.548, that the court will decide questions of California law presented in a matter pending in the United States Court of Appeals for the Ninth Circuit.
Wednesday, June 22, 2022
US Supreme Court Holds Washington State’s Workers’ Compensation Law Unconstitutional Under the Supremacy Clause
Washington’s workers’ compensation law discriminates against the Federal Government and its contractors. Because §3172 does not clearly and unambiguously waive the Federal Government’s immunity from discriminatory state laws, Washington’s law is unconstitutional under the Supremacy Clause.
Tuesday, June 21, 2022
US Supreme Declines to Review Medical Marijuana Reimbursement Issue
The US Supreme Court (SCOTUS) declined to review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference was denied today. Musta v. Mendota Heights Dental Center, et al., No. 21-998. Therefore, the individual States will remain the authority on whether reimbursement for medical marijuana will be permitted in a workers' compensation claim.
Monday, June 20, 2022
The Toxic Legacy of Ford Motor Company
The State of New Jersey is suing Ford Motor Company [FMC] for environmental pollution due to dumping its toxic waste in Ringwood, New Jersey. FMC operated a huge assembly plant in Mahwah, New Jersey, from 1955 through June 1980.
Sunday, June 19, 2022
Is Medicare-For-All a Prescription for Infectious Diseases in the Workplace?
The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits.
Federal Court: Roundup Subject to US EPA Review
The 9th Circuit Court of Appeals held that the Environmental Protection Agency must reevaluate glyphosate, a weedkiller used in Roundup. The court determined that the chemical poses a serious health hazard and is likely to cause human cancer.