Copyright

(c) 2010-2024 Jon L Gelman, All Rights Reserved.

Monday, December 2, 2013

NTSB LAUNCHES GO-TEAM TO NEW YORK CITY TO INVESTIGATE METRO NORTH TRAIN ACCIDENT

The National Transportation Safety Board has launched a go-team to investigate the Metro North passenger train accident in New York City, which occurred at approximately 7:20 a.m. ET today.

Rail Safety Investigator Mike Flanigon will serve as the investigator-in-charge. He will lead a team consisting of investigative specialists in track, signals, mechanical systems, operations, human performance, survival factors and recorders. Specialists from the NTSB Office of Transportation Disaster Assistance are also responding to the scene. 

Board Member Earl Weener is accompanying the team and will serve as the principal spokesman during the on-scene phase of the investigation.

Saturday, November 30, 2013

Pennsylvania Supreme Court Rules Exclusivity Doctrine Not a Bar to Asbestos Claim Against an Employer Directly If Late Manifestation

The Pennsylvania Supreme Court permitted a civil action to go forward against an employer where the employee was exposed to asbestos fiber and contracted mesothelioma. The Court ruled that the latent manifestation, after the 300 week statutory period had lapsed and the Exclusivity Doctrine was not applicable.

The court held, "that claims for occupational disease which manifests outside of the 300-week period prescribed by the Act do not fall within the purview of the Act, and, therefore, that the exclusivity provision of Section 303(a) does not apply to preclude an employee from filing a common law claim against an employer."

Tooley v AK Steel Corporation
No. 21 WAO 2011, No. 22 WAP 20111, No. 23 WAP 2011
2013 Pa. LEXIS 2816
Decided: November 22, 2013

Ed Note: My thanks to Judge David B. Torrey for sharing this decision. Note the reference in the  Dissenting Opinion of Mr. Justice Saylor:
"8 David B. Torrey & Andrew E. Greenberg, Pennsylvania
Workers' Compensation Law & Practice §14.10 (3d ed. 2011) (expressing that Section 301(c)(2)'s time 
limitation constitutes a "substantive prerequisite to ascertainment of the compensability," intended 
to "establish, via arbitrary time basis, some outside limit to govern the potential  [*64] liability of the 
employer"). Accordingly, I would hold that the 300-week limitation in Section 301(c)(2) has no effect on 
whether a worker's occupational disease comes within the WCA's coverage. As such, the exclusivity 
mandate appearing in Section 303(a) of the statute applies, in my view, to preclude Plaintiffs from 
maintaining a negligence-based lawsuit against Employers.16"
….

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.

Hip Replacement Lawsuit: ASR Settlement ($2.5 Billion) Benefits Announced

The settlement terms of the ASR HIp Implant lawsuit have been announced:

The ASR Settlement provides for three basic areas of compensation. 

The first is a Base Payment to all ASR Claimants (XL and resurfacing) who have undergone a revision surgery, removing the 
acetabular cup, prior to August 31, 2013. 

The second is for Claimants who have undergone a revision surgery in both their left and right hips (Bilateral Claimants). 

The third addresses patients who have suffered a variety of medical complications following a revision surgery (Extraordinary Injury Fund).

 In addition, the Settlement provides for the resolution of healthcare insurance liens for 
medical costs that are directly associated with the revision surgery, at no additional cost to the 
claimant. 

Click here to read the complete press release issued by the Settlement Oversight Committee

Click here to read about the lawsuit.

Court Holds a Misstatement Does Not Bar Compensability

Despite the fact that eight injured worker made a misstatement at the time of his testimony, tan Appellate Court affirmed an award for compensability. The court held that the employee's testimony was indeed credible, and supported a claim for Worker's Compensation benefits. The trial court found that the injured worker was easily confused, and was just a poor witness because he was a very unsophisticated, uneducated individual and he had difficulty with questions being presented to him for trial counsel for the employer.

Hernandez v Ebby's Landscapping
2013 WL 6096529 (N.J.Super.A.D.)
Decided November 21, 2013
An unpublished opinion
Rustine Tilton, Esq., attorney for the Appellant-Employer
Richard J. Riordan, Esq (John J. Jasienieck, Esq. on the brief) , attorney for the Respondent-Employee

Black Friday dawns and so does violence in the workplace

Violence in the workplace, despite OSHA warnings, occurred as "Black Friday" store sales began. Today's post is shared from the washingtonpost.com

Shoppers look at televisions at a Best Buy store late in the evening on Thanksgiving Day, Thursday, Nov. 28, 2013, in Dunwoody, Ga. Instead of waiting for Black Friday, which is typically the year's biggest shopping day, more than a dozen major retailers opened on Thanksgiving this year. (AP Photo/David Tulis)
A Chicago-area police officer and a suspect he shot in a shoplifting incident outside a Kohl's department store were in the hospital on Friday — a worst-case example of how Black Friday opened with madness, mayhem and violence.
The incident began shortly past 10 p.m. on Thursday, when security officers with one Kohl's department store in Romeoville, outside Chicago, called police to report two men who were suspected of shoplifting. Police arrived on scene and tried to apprehend the men in the parking lot, Fox News reported. But the suspects ran to their car and tried to drive off — and one officer followed on foot, grabbing hold of the vehicle.

Fox News reported that the officer and the driver were recovering in a nearby hospital on Friday. Meanwhile, both of those suspected shoplifters — as well as a third suspect who was apprehended in the store — were arrested.The driver continued to accelerate, dragging the officer, Fox News reported. Police then fired into the vehicle’s...
[Click here to see the rest of this post]

How foodies can become champions for workers' rights

Today's post was shared by Steven Greenhouse and comes from america.aljazeera.com

The FCWA estimates that almost 8 million workers throughout the food system would benefit from a national minimum wage boost, and that 29 million workers over all industries would get a raise. In a Thanksgiving-themed "menu" of ways to help improve the lives of food workers, the FCWA asks foodies to sign its petition to raise the wage to $10.10, to spread the word via social media, and to write their members of Congress to urge passage of the raise.
Food workers are also mobilizing to win on three more fronts: they want nationally guaranteed paid sick days, so that they are not forced to show up to work while sick, thus contributing to the spread of infectious disease. They are demanding the right to safe workplaces: Many agricultural employers could easily provide better protections from harmful pesticides for harvest workers. Finally, the workers are demanding their right to a voice on the job, protesting against the abuse and intimidation that frequently occur in the restaurant industry when workers try to unionize.
To push for these rights, the FCWA's member groups are reaching out to consumers with messages about specific bad-actor employers in each of these areas. These employers include Wal-Mart, which has allegedly stolen wages from workers and routinely quashed unionization drives at its stores; and the Darden restaurant group, which owns Red Lobster, Olive Garden and other family-style chains. Workers at Darden establishments are still denied any paid...
[Click here to see the rest of this post]

Friday, November 29, 2013

US manufactures try to stop carcinogen classification