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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Sunday, July 3, 2022

NJ Supreme Court Enhances Workplace Safety and Adopts an Updated Standard for Medical Causation

A divided NJ Supreme Court upheld a verdict for an employee who suffered mesothelioma, a fatal cancer, as a result of a product manufacturer’s failure to warn of the lethal nature of the product in the workplace. The Court acknowledged that even minor exposure to asbestos could cause disease.

Saturday, July 2, 2022

OSHA reminds fireworks/pyrotechnics industry to put worker safety first in advance of July 4 celebration

As Independence Day approaches, the Occupational Safety and Health Administration urges employers in the fireworks and pyrotechnics industry to be vigilant and protect workers from hazards while manufacturing, storing, transporting, displaying, and selling fireworks for public events.

Thursday, June 30, 2022

Burn Pit Claims: US Supreme Court Allows Veteran to Sue a State Agency for Employment Discrimination

In a 5-4 decision authored by Justice Breyer, the US Supreme Court reversed a lower court and remanded the case allowing a veteran to sue the state of Texas. It held under the US Constitution that the States agreed it would yield their sovereignty to the Federal Government to raise and support the Armed Forces.

Thursday, June 23, 2022

"Unmasking COVID" in 2022, Where Are We Now?

A panel of infectious disease experts and public health specialists of the Veterans Administration who have been involved in the national COVID response discuss strategies to contain the spread of the Omicron variant and stay safe.

Jury awards $650K in damages for Massachusetts contractor’s unlawful retaliation against injured immigrant worker

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.

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.