Oil Refinery Targeted by Wyoming OSHA for Alleged Violations from September 2013 Explosion
Posted on Apr 16, 2014 in Energy/Environmental, OSHA | Comments Off on Oil Refinery Targeted by Wyoming OSHA for Alleged Violations from September 2013 Explosion
Wyoming OSHA issued seven citations to a refinery for violations stemming from a September 2013 explosion and fire caused by leaking hydrogen that ignited. The citations include willful, serious, and repeat serious violations and proposed penalties totaling $201,000. While no injuries resulted from the incident, Wyoming OSHA contends that the incident would have been prevented if the...
Missouri Lowers Standard for Employees To Prove Retaliatory Discharge for Exercising Workers’ Compensation Rights
Posted on Apr 16, 2014 in Litigation | Comments Off on Missouri Lowers Standard for Employees To Prove Retaliatory Discharge for Exercising Workers’ Compensation Rights
The Supreme Court of Missouri held that to make a case for retaliatory discharge for exercising workers’ compensation rights, a worker need only show that the filing of a workers’ compensation claim was a “contributing factor” to the employer’s decision. This case overrules a previous line of Missouri cases holding that to make a prima facie case for retaliatory discharge, an employee...
Natural Gas Well Owner/Operator Must Indemnify Drilling Services Contractor for Alleged Well Water Contamination Caused by Fracking Based on Contract
Posted on Apr 16, 2014 in Energy/Environmental, Litigation | Comments Off on Natural Gas Well Owner/Operator Must Indemnify Drilling Services Contractor for Alleged Well Water Contamination Caused by Fracking Based on Contract
An Ohio drilling services company provided services under a drilling contract to a Pennsylvania natural gas production company in areas of the Appalachian Basin. Following the drilling of a natural gas well in Jackson County, West Virginia, a local family sued the production company and the drilling services company alleging that the company discharged hydraulic fracturing...
Fourth Circuit Upholds ALJ Finding that Former Miner Entitled to 15-Year Rebuttable Presumption Under Black Lung Act
Posted on Apr 15, 2014 in Construction | Comments Off on Fourth Circuit Upholds ALJ Finding that Former Miner Entitled to 15-Year Rebuttable Presumption Under Black Lung Act
The Fourth Circuit concluded that substantial evidence existed to support an ALJ’s application of the Black Lung Act’s 15-year rebuttable presumption favoring an award of benefits to claimants that establish they were employed as a miner for 15 years and suffer from a totally disabling respiratory or pulmonary impairment. The mining company challenged the ALJ’s application of the...
Defective Design and Failure To Warn Claims Allowed To Proceed Against High Pressure Hose Manufacturer in Kentucky Federal Court
Posted on Apr 15, 2014 in Product Liability | Comments Off on Defective Design and Failure To Warn Claims Allowed To Proceed Against High Pressure Hose Manufacturer in Kentucky Federal Court
While using an ultra-high pressure hose to clean heavy machinery in a process known as “hydroblasting” or “shotgunning” at a Kentucky manufacturing plant, a worker died after the hose ruptured and a powerful stream of water penetrated the worker’s abdomen. The worker’s estate brought defective design and failure to warn claims against the hose manufacturer claiming that the hose was...
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