A former employee should be permitted to pursue a claim under against a former employer for retaliatory discharge under Conn. Gen. Stat. § 31-290a, in spite of the fact that the former employee’s union filed a grievance that was submitted to arbitration...
Rhode Island case provides cautionary tale for injured workers By Deborah G. Kohl, Esq. In a cautionary tale, an injured worker can lose his job even while undergoing approved medical treatment while on weekly benefits and even when covered under a union...
Rhode Island’s Workers’ Compensation Court has exclusive jurisdiction concerning reinstatement disputes. Accordingly, where a union member employee sustained a serious ankle injury, underwent surgery 10 months later, did not request a leave of absence and had not...
In a divided decision, the Supreme Court of Vermont held that an employer should have been allowed a credit against future workers’ compensation benefits owed to an injured worker where the worker’s claim was initially denied and the employer accordingly...
Undercurrents and Future Currents: Bargaining Outside the Law in Labor Code Section 132a By Brad Wixen, Esq. In the case of Salazar v. Leprino Foods , 2016 Cal. Wrk. Comp. P.D. LEXIS --, the facts are straightforward. The employer was found after trial to have...
The widow of a police officer who sustained fatal injuries when the officer was struck by a car as he and a volunteer were engaged in setting up and running a union-sponsored steak fry was entitled to death benefits under Ohio’s Workers’ Compensation Act, held...
The 7th Circuit Court of Appeals recently held that a former employee's state court, state-law, retaliatory discharge claim under the Illinois Workers' Compensation Act (IWCA), was not a “disguised action under the Labor Management Relations Act,...
In what appears to be a case of first impression, the issue before a WCAB panel was whether an employee, who was a former union member, could be bound to arbitration. In Chamberlain v. Irwin Industries, Inc ., 2013 Cal. Wrk. Comp. P.D. LEXIS – (May 13,...
By John Stahl, Esq. Collectively bargained workers’ compensation programs, which are commonly known as carve outs, are a cousin to “opt-out” programs in that both are alternatives to traditional workers’ compensation systems. The similarities extend to both...
Aleksandr Yamnitsky v. Morrow-Meadows Corporation Dismissal—Application for Adjudication—Alternative Dispute Resolution—WCAB rescinded WCJ's order dismissing applicant/electrician's Application for Adjudication of Claim alleging injury to multiple body...