Activities Reasonably Incidental to Travel for Injured Traveling Employees May Include More Than You Think, Including Dancing at a Hotel Nightclub
Posted on May 7, 2014 in Litigation | Comments Off on Activities Reasonably Incidental to Travel for Injured Traveling Employees May Include More Than You Think, Including Dancing at a Hotel Nightclub
Maryland’s highest court held that a “traveling employee” (an employee who is required to travel away from his employer’s premises in order to perform his job) was engaged in reasonable and foreseeable recreational activities when injured while dancing at a hotel nightclub and is entitled to recover workers’ compensation benefits for his injuries because such recreational activities...
Louisiana Federal Court Allows Terminated Employee’s False Claims Act Retaliation Claim To Proceed
Posted on May 7, 2014 in Litigation | Comments Off on Louisiana Federal Court Allows Terminated Employee’s False Claims Act Retaliation Claim To Proceed
In 2012, an operator at an industrial facility was allegedly exposed to sulfur dioxide and sulfur trioxide gas leaking from the facility’s equipment. He subsequently sought medical treatment and notified his supervisors of the leak and his medical treatment due to chemical exposure. The employee also provided factual information and deposition testimony regarding the incident in an...
Family of Worker Killed While Fleeing Immigration Raid Not Entitled to Workers’ Compensation Benefits in North Carolina
Posted on May 6, 2014 in Litigation | Comments Off on Family of Worker Killed While Fleeing Immigration Raid Not Entitled to Workers’ Compensation Benefits in North Carolina
Earlier today, the Court of Appeals of North Carolina affirmed an administrative ruling that a worker’s surviving family was not entitled to collect workers’ compensation benefits where the worker suffered a fatal heart attack while running away from a suspected raid by the Immigration and Naturalization Service at the lumber mill in which he worked. The court explained that the North...
Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
Posted on May 6, 2014 in Investigations, Litigation, Workplace Safety | Comments Off on Union Members’ Whistleblower Claims Alleging Unsafe Work Conditions Brought Under Michigan Law Preempted by NLRA
The Supreme Court of Michigan held yesterday that union members’ claims asserted under the Michigan Whistleblowers’ Protection Act alleging retaliation for reporting of unsafe work environments are preempted by the National Labor Relations Act and must be litigated exclusively before the National Labor Relations Board. The court, however, held that claims brought under the same...
Fourth Circuit Reverses Benefits Review Board Yet Again in Long-Pending Black Lung Case
Posted on May 6, 2014 in Construction | Comments Off on Fourth Circuit Reverses Benefits Review Board Yet Again in Long-Pending Black Lung Case
In a case highlighting the often-criticized administrative delays within the U.S. Department of Labor’s adjudication process, the Fourth Circuit reversed a decision by the Benefits Review Board affirming an ALJ’s denial of survivor’s benefits under the Black Lung Benefits Act (“the Act”) and awarded benefits to a surviving miner’s spouse. The procedural delays in the resolution of the...
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