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MI: MIOSHA Cites Clean Air Insulation for Serious Violations for Asbestos Hazards

Lansing, MI (CompNewsNetwork) - Michigan Department of Energy, Labor & Economic Growth (DELEG) Director Stanley “Skip” Pruss today announced the Michigan Occupational Safety and Health Administration (MIOSHA) has cited Clean Air Insulation, of Redford, with $63,750 in proposed penalties...

Five Recent Cases You Should Know About (6/20/2010)

Larson’s Spotlight on Asbestos, Intentional Tort, Challenging Compensability, Interpreter Services, and Job Firing. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson’s Workers’ Compensation Law , has compiled...

US: Asbestos-Related Worker Deaths Expected to Top Half a Million Mark by 2029

WASHINGTON - An investigative series on asbestos in the United States published by McClatchy says that a RAND study predicts that half a million workers will have died from asbestos-related diseases by year 2029. Dr. Richard Lemen, a former assistant U.S. surgeon general, has cited estimates that the...

Latency, Latency, Thou art Everything: DE Asbestos Award and Guess What? Permanency Award Based on AMA 6th

Today's case du jour is an occupational disease claim involving a union worker based at the Delaware City Refinery from 1982 to 2007. The diagnosis of bilateral interstitial fibrosis consistent with asbestos-related lung disease was not in dispute. Up for debate was the employer on the risk for the...

Five Recent Cases You Should Know About (8/27/2010)

Larson's Spotlight on Bystander Exposure, Subpoena in Fraud Case, Exclusive Remedy Rule, Job Demotion, Surveillance Evidence. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has compiled...

MO: Smoker Awarded PTD for Lung Disease

The Commission awarded life-time benefits to a mechanic because of COPD and pleural fibrosis, caused by smoking cigarettes and working as a mechanic exposed to pipe insulation, smoke, dust and fumes for 32 years. Medical experts agreed that work and "many years" as a smoker both contributed...

NIOSH Issues "Roadmap" Document Suggesting Asbestos Research Strategy

Atlanta , GA (CompNewsNetwork) - The National Institute for Occupational Safety and Health (NIOSH) announces the availability of “Current Intelligence Bulletin: Asbestos Fibers and Other Elongate Mineral Particles: State of the Science and Roadmap for Research.” The document contains NIOSH’s...

Workers' Comp Fraud Blotter (6/9/2011) – Immigration Attorney’s Wife Joins Him In Federal Prison

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud...

Duane Morris Alert: Pa. Supreme Court to Address Exclusivity of Pa. Workers' Compensation Act in Asbestos Cases

By Kenneth M. Argentieri and Gerald J. Schirato, Jr. , Attorneys, Duane Morris LLP The Supreme Court of Pennsylvania recently accepted petitions for allowance of appeal in two similar cases- Landis v. A.W. Chesterton Co. [1] and Tooey v. AK Steel Corp. [2] - to address whether the exclusivity provision...

Five Recent Workers’ Comp Cases You Should Know About (7/1/2011) – Employer Who Knowingly Hires Illegal Alien May Not Oppose Claim Based on Illegal Status

Larson's Spotlight on Illegal Alien, Mesothelioma, Unexplained Death, Average Weekly Wage, and Cab Driver as Independent Contractor. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law ...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (3/25/2013)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NATIONAL NEWS: Fifth Circuit Allows Case to Proceed Against Honeywell re Railroad Worker’s Death . President...

California Workers’ Compensation Case Roundup (July 8, 2013)

CALIFORNIA COMPENSATION CASES Vol. 78 No. 6 June 2013 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2013 LexisNexis. All rights...

PA: Where Occupational Disease Is Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Is Not Barred by Exclusivity

In a split decision, the Supreme Court of Pennsylvania recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation Act (WCA), 77 Pa. Stat. Ann. § 411(2...

Missouri: M is for Meso

Missouri has radically changed the comp rules for workers with mesothelioma with a new category of “occupational disease due to toxic exposure.” What is mesothelioma? Mesothelioma is a rare and highly aggressive disease related to asbestos exposure. It can be distinguished from lung...

California Workers' Comp Case Roundup (6/14/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 5 May 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Federal: Complaint Alleging Damages From Take-Home Exposure to Asbestos Barred by Exclusive Remedy

A federal court dismissed a complaint filed against Weyerhaeuser Co. arising out of plaintiff's exposure to asbestos and a related disease, malignant mesothelioma, while employed at a Weyerhaeuser facility that used asbestos products in the manufacture of fireproof doors. Finding the plaintiff’s...

Washington: Widow’s Wrongful Death Action for Husband’s Mesothelioma Barred by Exclusivity

Washington state courts may not use the “substantially certain” test to determine whether an employer’s actions against an injured worker were intentional, again held the Supreme Court of Washington in a split decision. Accordingly, a widow’s contention that her husband’s...

North Carolina: Average Weekly Wage Computation Must Be Just to Both Parties

Construing a statutory provision that describes how an injured employee’s average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the state’s Industrial Commission that based an award of death benefits on the wages the deceased employee earned during...

Let It Bleed: A Delaware Case On Venous System Impairment

I recently put a call out for case law guidance on certain of the more obscure permanency values. One of them was the vascular system. And lo and behold, right on top of things was Walt Schmittinger with John Lowman v. Connectiv Power Delivery , IAB#1188166 (10/30/03) , an older case, which like the...

Pennsylvania: Claimant’s Contention That Third-Party Tort Action Settled for $1 Found Less Than Credible

A Pennsylvania appellate court agreed that a Workers’ Compensation Judge appropriately dismissed a claimant’s Review, Modification and Reinstatement Petitions and agreed that claimant could not recover workers’ compensation benefits because he failed to disclose to the employer or its...

Decedent Electrician Suffered Injurious Exposure to Asbestos Fibers: Cal. Comp. Cases June Advanced Postings (6/9/2015)

Here’s the third batch of advanced postings for the June 2015 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the cases to read the complete headnotes and summaries. © Copyright 2015 LexisNexis. All rights reserved. Contra Costa Electric, Inc., American...

California: Appellate Court Upholds Exclusive Remedy Bar for Asbestos Exposure

In a case that issued last week, the 2nd Appellate District declined to open a new avenue to avoid the exclusive remedy of workers’ compensation in Melendrez v. Ameron International Corporation , not only upholding the lower court’s grant of summary judgment for defendant/employer but also...

California: Exclusive Remedy Provision Bars Separate Suit Related to Asbestos-Laden Pipes Carried Home for Home Projects

Where survivors of a worker who died of asbestos-related mesothelioma sued the employer, a pipe manufacturer, for wrongful death, alleging that in addition to his workplace exposure to asbestos, the worker was also permitted to take waste or scrap pipe home, where he was exposed to asbestos in using...

California Workers' Comp Case Roundup (1/20/2017)

CALIFORNIA COMPENSATION CASES Vol. 81 No. 12 Dececember 2016 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2016 LexisNexis. All...

New York: Board’s Failure to Apportion Liability for Asbestos-Related Condition Affirmed

The New York Workers’ Compensation Board appropriately refused to apportion liability for claimant’s asbestos-related disease despite some evidence that the claimant had exposure to asbestos at multiple employers over a long period of time. The appellate court noted that an X-ray taken in...