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FREE DOWNLOAD: Dismissal of Claim Based on Carve-Out Agreement (Calif. WCAB panel)

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Yamnitsky v. Morrow-Meadows Corporation Dismissal—Application for Adjudication—Alternative Dispute Resolution—WCAB rescinded WCJ's order dismissing applicant/electrician's Application for Adjudication of Claim alleging injury to multiple body parts from 12/11/2002...

FREE DOWNLOAD: Dismissal of Claim Based on Carve-Out Agreement (Calif. WCAB panel)

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Yamnitsky v. Morrow-Meadows Corporation Dismissal—Application for Adjudication—Alternative Dispute Resolution—WCAB rescinded WCJ's order dismissing applicant/electrician's Application for Adjudication of Claim alleging injury to multiple body parts from 12/11/2002...

DENMARK: Danish Brewery Workers Go on Strike for Right to Drink Beer on the Job

DENMARK - Management at Denmark ’s Carlsberg brewery has ended a work policy to allow workers to drink free beer throughout the work day, effective April 1st, resulting in a strike by hundreds of workers who say management violated the barganing agreement by not allowing workers to give their input...

Federal Judge Dismisses Miami Dolphin’s Lawsuit Against Former Player for Filing State Workers Comp Claim

A U.S. Magistrate Judge has ruled that former Miami Dolphin’s wide receiver Kendall Newsom was not prohibited by his contract and the NFL’s collective bargaining agreement from filing a workers’ compensation claim in Pennsylvania for a knee injury that he received during a Dolphins...

NFL’s New Collective Bargaining Agreement Allows Players to File Workers’ Comp Claims in Other States

The new collective bargaining agreement that has been approved by the National Football League owners and the National Football League Players Association includes a provision that a player can file worker's compensation claims in states besides the state in which his team is based. Read more at...

Union Carve-Outs: Labor-Management’s Alternative to Workers’ Compensation in Minnesota

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 programs avoiding...

California: Former Union Member Not Bound to Arbitration for His Work Injury Claim

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, 2013), t he WCAB, denying defendant employer’s...

Federal: Retaliatory Discharge Action Not Dependent Upon CBA

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, 29 U.S.C.S. § 185, so as to allow removal...

California: WCAB Finds Section 132a Trumps a Collective Bargaining Agreement

How the WCAB resurrected 132a in a sick leave case In Rivera v. County of Alameda , 2015 Cal. Wrk. Comp. P.D. LEXIS --, the WCAB affirmed the WCJ’s finding that the employer, the County of Alameda, violated Labor Code § 132a [ LC 132a ] by precluding the applicant, a juvenile institutional...

Ohio: Police Officer’s Fatal Injuries Preparing for Union-Sponsored Steak Fry Found Compensable

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 a state appellate court. At...

California: Do Collective Bargaining Agreements Preempt Labor Code Section 132a?

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 wrongfully discriminated against an...

Vermont: Employer Allowed Credit for Post-Injury “Wages” Paid under Collective Bargaining Agreement

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 paid claimant for a nonoccupational...

Rhode Island: Workers’ Comp Act Trumps CBA’s Arbitration of Reinstatement Disputes

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 returned to work some 15...

Reinstatement of Job: Workers’ Compensation Statute Trumps Collective Bargaining Agreement

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 Collective Bargaining Agreement. The Rhode...