Occupational Safety & Health

Primarily case digests that look at key rulings in this area.

New York Law Journal |Analysis

Medicaid Administrative Fair Hearings

Daniel G. Fish | February 14, 2019

In his Elder Law column, Daniel G. Fish discusses the fair hearing process as a means of challenging agency decisions of applications for Medicaid home care benefits and nursing home care. Given the size of the Medicaid program, perhaps it is not surprising that there are errors made by the agency. To manage expectations, clients should be advised, before the application is filed, to anticipate that their application may be initially denied erroneously or even after eligibility has been established, but that there is a process to challenge adverse determinations.
Delaware Law Weekly |Case Digests

Knecht v. Ford Motor Co.

February 13, 2019

Defendant in this asbestos exposure case was not entitled to judgment as a matter of law or a new trial.
Daily Business Review |News

Oil Workers Flee Venezuela's Crisis for a Better Life

Scott Smith | February 08, 2019

Over the years Nieves Ribullen has watched dozens of co-workers abandon poverty wages and dangerous working conditions at the rundown complex of refineries in Punto Fijo on Venezuela's Caribbean coast for jobs in far-flung places such as Kuwait, Angola and Chile.
The Legal Intelligencer |Case Digests

Haughton v. Metro. Edison Co.

January 08, 2019

Premises owners in this asbestos exposure case had no duty to warn an experienced turbine mechanic of the hazards of asbestos, because the condition was as obvious to him as it was to the landowners.
Daily Report Online |Commentary

Lunchtime Accident Isn't Covered by Workers' Comp, Says Split Appeals Court

Steven Meyerowitz | November 27, 2018

The Georgia Court of Appeals held that "an injury occurring during the break period arises out of an individual pursuit and not out of his employment and is not compensable.”
Delaware Law Weekly |Case Digests

Pasternack v. Northeastern Aviation Corp.

November 21, 2018

A pilot was entitled to indemnification under the bylaws of an aircraft charter company in connection with le-gal expenses incurred in a drug testing matter.
Texas Lawyer |Case Digests

Fredieu v. WT Offshore

November 12, 2018

Appellant, Wesley Fredieu, challenged the trial court's take-nothing judgment following a jury trial in connection with an injury he sustained while working on an offshore platform in the Gulf of Mexico.
New Jersey Law Journal |Analysis

OSHA Places Responsibility Squarely on General Contractors

Christopher L. Musmanno | November 01, 2018

With regard to the primary responsibility for implementation of the Job Site Safety Program, OSHA is clear.
Connecticut Law Tribune |Case Digests

Perez v. Eastern Awning Systems, Inc.

October 22, 2018

Court Denies Motion for Summary Judgment by Employer That Allegedly Retaliated Against Employees Who Filed OSHA Complaints
The Legal Intelligencer |Case Digests

Grenier v. Consol. Rail Corp.

October 16, 2018

The court properly denied a motion to dismiss for forum non conveniens because one of the defendants was incorporated in Pennsylvania and had its principal place of business in the county where this occupational injury case was pending.
International |News

King & Wood Mallesons Under Investigation for Overworking Lawyers in Australia

John Kang | October 15, 2018

Employees of the Sino-Australian giant were allegedly subjected to grueling conditions, with some employees sleeping at the office to meet deadlines and cope with the heavy workload that arose from a public inquiry into financial sector misconduct that involved some of their clients.
The Legal Intelligencer |Case Digests

Murray v. American Lafrance, LLC

October 09, 2018

Trial court erred in dismissing appellants' action for hearing loss from excessive sound exposure from fire engine sirens manufactured by appellee for lack of personal jurisdiction over appellee because by registering in Pennsylvania as a foreign corporation, appellee consented to general personal jurisdiction in Pennsylvania. Vacated.
Connecticut Law Tribune |Case Digests

Noffsinger v. SSC Niantic Operating Co., LLC

September 24, 2018

Court Grants Summary Judgment in Favor of Employee Who Lost Job Offer Due to Medical Marijuana Use but Refuses Request for Attorneys' Fees and Punitive Damages Practice: Employment Litigation; Occupational Safety and Health
The Legal Intelligencer |Case Digests

Wright v. Consol. Rail Corp.

September 18, 2018

Defendants failed to present sufficiently weighty public or private factors in support of their motion to dismiss for forum non conveniens, so the court properly denied the motion.
The Legal Intelligencer |Case Digests

Mercurio v. Louisville Ladder, Inc.

September 11, 2018

Defendant made a motion in limine to preclude plaintiff's expert in plaintiff's action asserting a design defect in a ladder caused him to fall and the court found that expert's "simulated use test", though simplistic in nature, was sufficiently reliable to justify admission at trial because the issue was relatively well-defined, the testing process would be readily comprehensible to a jury and issues such as the number of tests performed and the technician's arm movements while performing the tests could be adequately explored during
New Jersey Law Journal |News

NJ Appeals Court Imposes Duty to Warn of Asbestos in Replacement Parts

Michael Booth | August 07, 2018

A New Jersey appeals court has ruled that a manufacturer has a duty to warn about the risk of harm from exposure to asbestos-containing replacement parts, even if the manufacturer did not make or distribute those parts.

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