Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
Posted on Jul 29, 2014 in Construction, Litigation, OSHA | Comments Off on Eighth Circuit Emphasizes 60-Day Period To Seek Judicial Review Of OSHA Citations Is Strict Deadline
The Occupational Safety and Health Act permits an employer to challenge a citation issued by the Secretary of Labor before the Occupational Safety and Health Review Commission. When this is done, the Review Commission appoints an ALJ to hear the grievance and issue a decision. That ALJ decision becomes the final order of the Review Commission absent further discretionary action by...
Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
Posted on Jul 27, 2014 in Construction, Litigation, Product Liability | Comments Off on Punitive Damages Permissible In West Virginia Deliberate Intent Action But Only When “Specific Intent” Is Proven
While working on a pipeline, a worker was allegedly sprayed with dangerous chemicals that caused significant injuries. He brought suit against a number of companies alleging damages from the exposure, the unsuccessful attempts to shower off the chemicals and decontaminate him, and inappropriate medical treatment. Among the motions to dismiss filed, the U.S. District Court for the...
Wisconsin Federal Court Upholds 30-Day Challenge Provision In Retrospective Workers’ Compensation Policy
Posted on Jul 26, 2014 in Litigation | Comments Off on Wisconsin Federal Court Upholds 30-Day Challenge Provision In Retrospective Workers’ Compensation Policy
The U.S. District Court for the Western District of Wisconsin granted summary judgment to a workers’ compensation insurer on an insured’s counterclaim that compliance with a 30-day requirement for making challenges to payments under the workers’ compensation policy was not feasible. Under the parties’ retrospective workers’ compensation policy and a casualty insurance agreement, all...
Vessel Owner Did Not Breach “Turnover Duty” Where Injury-Causing Repairs Were Within General Scope Of Shipyard Inspection And Repair
Posted on Jul 23, 2014 in Litigation, OSHA, Workplace Safety | Comments Off on Vessel Owner Did Not Breach “Turnover Duty” Where Injury-Causing Repairs Were Within General Scope Of Shipyard Inspection And Repair
A harbor worker brought claims against a vessel owner under the Longshore and Harbor Workers Compensation Act (“LHWCA”) for injuries he sustained when one of the vessel’s hatch covers blew off during an air pressure test of airtight integrity. The vessel owner filed for summary judgment, arguing that the undisputed facts showed that the vessel owner did not breach any applicable duty,...
Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
Posted on Jul 14, 2014 in Energy/Environmental, Litigation, OSHA | Comments Off on Tenth Circuit Confirms Need To Ensure Safety Recommendations Are Adequately Considered And Implemented
The Tenth Circuit affirmed a district court’s grant of summary judgment to the owner of an oil refinery on a worker’s intentional tort claim arising from a workplace injury. The worker was a coker process operator and was injured while removing the head of a coke drum, a process that OSHA previously highlighted as carrying particular dangers when drums are removed and “hot spots”...
Minnesota Federal Court Allows Elderly Worker’s Claims That She Was Fired For Filing For Workers’ Compensation Benefits To Proceed
Posted on Jul 13, 2014 in Litigation | Comments Off on Minnesota Federal Court Allows Elderly Worker’s Claims That She Was Fired For Filing For Workers’ Compensation Benefits To Proceed
Following a 70-year old worker’s termination by an assisted-living facility, she alleged that she was terminated for seeking workers’ compensation benefits, and that she was discriminated against on the basis of age. The U.S. District Court for the District of Minnesota has allowed her claims to proceed, denying the defendant’s summary judgment motion. The court pointed out that...
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