Workers’ Compensation Benefits for Occupational Exposure to Cellphone Radiation

Last week, the French government requested that Apple stop selling the iPhone 12 model because of excessive radiation detected during recent tests. The Agence National des Fréquences [ANFR] stated that “…Apple must immediately take all measures to prevent the availability on the market of the phones concerned present in the supply chain. Regarding phones already sold, Apple must take corrective measures as soon as possible to make the phones concerned compliant. Otherwise, it will be up to Apple to recall them.”

The Long Legacy of COVID-19 Disability

The legacy of the COVID-19 pandemic persists. There exists a continuing need for long-term treatment and disability. While state benefit systems such as workers’ compensation have made an admirable attempt in many jurisdictions to provide benefits, a significant gap and non-uniform delivery of benefits continue to exist among jurisdictions. Federal efforts are expanding to provide necessary research and treatment protocol resources. 

OSHA Issues Extreme Heat Hazard Alert

The U.S. Department of Labor announced that it's Occupational Safety and Health Administration has issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces.

President Biden Announces New Actions to Protect Workers from Extreme Heat

Millions of American workers are currently experiencing the effects of extreme heat, which is growing in intensity, frequency, and duration due to the climate crisis. President Biden requests the Department of Labor to issue Hazard Alerts for Heat and take other actions to protect workers from extreme heat. 

OSHA Cites Main Line Contractor Corp. of Newark NJ for 21 Violations and $333,052 in Penalties

A series of inspections by the U.S. Department of Labor has found a Newark-based construction contractor defying federal safety regulations by exposing employees to more than 20 violations, including potentially deadly falls, at six southern and central New Jersey work sites in early 2023.

EPA Seeks Reporting of Asbestos Fibers

The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.

California Supreme Court to File its Decision in a Derivative Immunity Claim Tomorrow

The California Supreme Court will file its much-anticipated decision regarding KUCIEMBA v. VICTORY WOODWORKS, Case: S274191, on Thursday, July 6, 2023, at 10:00 am (PT). The Court had accepted the request of the US Court of Appeals for the Ninth Circuit to answer a question of state law regarding employers' liability in COVID claims. Briefs are now available online (See below).

United Hospital Supply Corp. faces $498K in penalties after amputation incident

An employee's first day of work at a southern New Jersey manufacturing facility ended tragically when he suffered the amputation of three fingers while operating a press brake without required safety guards, similar to violations cited by federal safety investigators at the facility in 2010 and 2015.

Is ChatGPT Ready to Write Workers’ Compensation Decisions?

Artificial intelligence (AI) programs have become an exciting new Internet phenomenon. Initially launched to generate graphics, the programs have rapidly emerged as Internet research's most significant development of the last twenty years.

OSHA: America Airlines Fined for Retaliating Against Worker Who Reported Hazardous Fumes in Cabin

Federal safety and health investigators have determined that one of the nation's largest airlines retaliated against flight attendants who reported worker illnesses caused by toxic fumes entering aircraft cabins.

Federal Employees May File a Claim for Work-Related COVID-19

The American Rescue Plan Act of 2021, which President Biden signed on March 11, 2021, makes it much easier for federal workers diagnosed with COVID-19 to establish coverage under the Federal Employees’ Compensation Act. To establish a COVID-19 claim, you simply need to establish that you are a “covered employee,” meaning that:

US Supreme Court Allows State Law to Govern Willful Misconduct Cases Under the PREP Act

The US Supreme Court [SCOTUS] has declined to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct, GLENHAVEN HEALTHCARE LLC v. Saldana, Supreme Court 2022. On appeal,  Saldana v. Glenhaven Healthcare LLC, 27 F. 4th 679 - Court of Appeals, 9th Circuit 2022

The Exclusivity Rule Does Not Bar Claims of a Minor

A minor may elect to file a negligence action against an employer and not be prohibited by the Exclusivity Rule that typically bars employee claims against their employers.

Judge Erred in Finding a Conflict in Representation

Ameribuilt Contractors appealed the workers' compensation judge's February 1, 2022 order rejecting a proposed settlement and disqualifying its assigned insurance counsel, Brown & Connery, LLP (B&C), on the basis of a perceived conflict between Ameribuilt's workers' compensation carrier, Travelers Property Casualty Insurance Co. (Travelers), and Travelers' ostensible insured, respondent Robert Alam. The court concluded that the judge erred in finding that a conflict existed and, thus, there was no basis for the disqualification. Accordingly, the court is constrained to reverse.

Time to Boot Up a Computer Held to be Working

The Ninth Circuit Court of Appeals reversed the district court’s summary judgment in favor of defendant Customer Connexx LLC and remanded for further proceedings in a collective action brought under the Fair Labor Standards Act by call center workers.

Paterson NJ Employers Face $518K in OSHA Fines

The U.S. Department of Labor has issued citations to three New Jersey contractors who willfully exposed employees to potentially lethal dangers by allowing them to work near energized power lines at a Paterson worksite.

NJ Issues Stop-Work Orders for Lack of Workers’ Compensation Insurance

Enforce continues at a rapid pace in New Jersey for failure to comply with the state’s labor laws. The New Jersey Department of Labor and Workforce Development (NJDOL) issued stop-work orders to contractor HESP Solar L.L.C. of Montvale and subcontractor Patriot Iron Works of Gaithersburg, Maryland, who were working on a project at Belleville High School.

Occupational Exposure to Monkeypox

A recent report published by the US Centers for Disease Control and Prevention [CDC] provides evidence supporting the hypothesis that both health care workers’ [HCW] infections observed in this study were transmitted through fomite exposure with surfaces in the patient’s home, their own PPE, or outer surfaces of the specimen transport box. 

US Supreme Court Asked to Review PREP Act Immunity

The US Supreme Court [SCOTUS] has been asked to review whether the PREP Act [The Public Readiness and Emergency Preparedness (PREP) Act of 2005, 42 U.S.C. §§ 247d-6d, 247d-6e] pre-empts a claim for willful misconduct,

Appeals Court Rejects Effort to Compel OSHA to Retain Healthcare ETS

On Friday, an Appellate Court rejected the UNIONS' effort, including the National Nurses, United, to compel the Occupational Safety and Health Administration (OSHA) to retain the Healthcare Emergency Temporary Standard (ETS).