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

Thursday, February 13, 2014

Missouri Further Defines Permanent Total Disability

"The PTD test is whether the worker can compete in the open labor market.
Schussler, 393 S.W.3d at 96. A worker who cannot return to any normal or
reasonable employment is totally disabled; she need not be inert or completely
inactive. Id. “The key question is whether any employer in the ordinary course of
business would reasonably be expected to hire the worker in his or her current
physical condition.” Id. "

 MARLENE STEWART, Respondent vs. CLINT ZWIEFEL, TREASURER OF THE STATE OF MISSOURI AS CUSTODIAN OF THE SECOND INJURY FUND, Appellant
No. SD32827 )  FILED: February 10, 2014 

FBI Offers $10,000 Rewards to Stem Laser-Pointer Incidents

Today's post was shared by WSJ Law Blog and comes from blogs.wsj.com


The FBI has a long history of offering rewards for terrorists, bank robbers, and all sorts of scoundrels. Now it’s offering money to catch people misusing laser pointers.
Twelve different offices of the Federal Bureau of Investigation announced Tuesday they will pay $10,000 for information that leads to an arrest for pointing lasers at aircraft – a dangerous practice that can temporarily blind pilots.
The frequency of such incidents has risen greatly in recent years. In 2005, the year the FBI began tracking the “laser strikes,” it recorded 283. In 2013 it reported 3,960, or nearly 11 per day.
“Shining a laser into the cockpit of an aircraft can temporarily blind a pilot, jeopardizing the safety of everyone on board,” said FAA Administrator Michael Huerta. “We applaud our colleagues at the Justice Department for aggressively prosecuting aircraft laser incidents and we will continue to use civil penalties to further deter this dangerous activity.”
The pilot program offering rewards for information leading to arrests of individuals deliberately aiming such pointers at planes will run for 60 days, officials said.
“It is important that people understand that this is a criminal act with potentially deadly repercussions,’’ said Ron Hosko, head of the FBI’s Criminal Investigative Division.
The FBI offices offering the rewards are in Albuquerque, Chicago, Cleveland, Houston, Los Angeles, New York City,...
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Wednesday, February 12, 2014

Being Professional

Today's guest post is shared from David DePaolo from daviddepaolo.blogspot.com
The practice of workers' compensation law is relatively relaxed, at least in California, but I suspect the same in most of the rest of the country where it is an administrative system.

That's what attracted me to the practice in the first place nearly 30 years ago. Collegiality, informality - the emphasis was on substance over form, and the primary mission of the practice - delivering benefits to those entitled and discriminating against those not so entitled - took the forefront over everything else.

But relaxed doesn't mean sloppy, and does requires a higher level of self-discipline.

Unfortunately, too many people don't have the discipline to be let loose in an informal, relaxed legal system. Too many need more concrete barriers, more defined lines; perhaps because these folks lack the integrity or control to handle the responsibility that comes with such an insouciant practice.

Or perhaps these folks are, themselves, just sloppy and inconsiderate of the rules.

Rules - these are in place to make sure that everyone is playing on the same field, to keep anyone from having an unfair procedural advantage, and also to put checks and balances on the costs associated with litigation from the institutional perspective.

The California Workers' Compensation Appeals Board collected almost $300,000 in sanctions last year − three times the amount collected in 2012.

The WCAB had been warning...
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The Case for a Higher Minimum Wage

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com


The political posturing over raising the minimum wage sometimes obscures the huge and growing number of low-wage workers it would affect. An estimated 27.8 million people would earn more money under the Democratic proposal to lift the hourly minimum from $7.25 today to $10.10 by 2016. And most of them do not fit the low-wage stereotype of a teenager with a summer job. Their average age is 35; most work full time; more than one-fourth are parents; and, on average, they earn half of their families’ total income.
None of that, however, has softened the hearts of opponents, including congressional Republicans and low-wage employers, notably restaurant owners and executives.
This is not a new debate. The minimum wage is a battlefield in a larger political fight between Democrats and Republicans — dating back to the New Deal legislation that instituted the first minimum wage in 1938 — over government’s role in the economy, over raw versus regulated capitalism, over corporate power versus public needs.

Interactive Feature

More than 4.8 million workers now earn the lowest legal pay. This calculator shows the hard choices that have to be made living on the smallest paychecks.
But the results of the wage debate are clear. Decades of research, facts and evidence show that increasing the minimum wage is vital to the economic security of tens of millions of Americans, and would be good for the weak economy. As Congress begins its own debate, here...
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Months After Deadly Fire, Owners of Bangladesh Factory Surrender to Court

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com



DHAKA, Bangladesh — A husband and wife whose factory in Bangladesh was consumed by fire in 2012, a disaster that killed 112 employees, surrendered to a court on Sunday in Dhaka, the capital.
In December, more than a year after the fire, the police filed charges of culpable homicide against the owners of the Tazreen factory — Delowar Hossain, and his wife, Mahmuda Akther, along with 11 associates, including the factory’s manager and an engineer.
On the night of the fire, more than 1,150 people were in the eight-story building, working on a tight deadline to fill orders for international buyers. When the fire broke out and an alarm sounded, some managers told their employees to ignore the alarm and continue to work.
As the fire spread, many workers found themselves trapped in smoke-filled staircases or behind windows that were covered with iron grilles.
Mr. Hossain’s lawyer, A. T. M. Golam Gous, whose motion for bail was rejected on Sunday, argued that Mr. Hossain and Ms. Akther were not present at the time of the fire and had “neither direct involvement nor indirect involvement” in it. Mr. Gous said he would appeal the denial of bail.
A state prosecutor, Anwarul Kabir, meanwhile, argued that the owners had failed to make the necessary arrangements to ensure the safety and security of the workers.
Because the owners are “the...
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Tuesday, February 11, 2014

Payroll Data Shows a Lag in Wages, Not Just Hiring

Today's post was shared by Steven Greenhouse and comes from www.nytimes.com



For the more than 10 million Americans who are out of work, finding a job is hard. For the 145 million or so who are employed, getting a raise is even harder.
The government said on Friday that employers added 113,000 jobs in January, the second straight month of anemic growth, despite some signs of strength in the broader economy. The unemployment rate inched down in January to 6.6 percent, the lowest level since October 2008, from 6.7 percent in December.
But the report also made plain what many Americans feel in their bones: Wages are stuck, and barely rose at all in 2013. They were up 1.9 percent last year, or a mere 0.4 percent after accounting for inflation. Not only was that increase even smaller than the one recorded in 2012, it was half the normal rate of wage gains in the two decades before the last recession.



The stagnation helps explain why many people feel apprehensive even though the economy grew at a robust pace in the second half of 2013, corporate profits rose, the stock market boomed and the housing market continued to gain ground. The issue cuts across the American work force. In fact, white-collar workers did a bit worse than blue-collar workers last year in terms of wage growth.


Austin Moore, 18, pictured at a career fair in Dallas, is one of many young job seekers. LM Otero/Associated Press

“People are running in place in terms of their living standards,” said Ethan Harris, co-head of global economics at Bank of America Merrill...
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Monday, February 10, 2014

‘Aid in Dying’ Sentiment Gathers Momentum

Today's post was shared by The New Old Age and comes from newoldage.blogs.nytimes.com

Thanks to the marvels of medical science, our parents are living longer than ever before. Most will spend years dependent on others for the most basic needs. That burden falls to their baby boomer children. In The New Old Age, Paula Span and other contributors explore this unprecedented intergenerational challenge. You can reach the editors at newoldage@nytimes.com.
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