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FREE DOWNLOAD: Guerra v. Mr. Rooter Plumbing (Calif. WCAB panel) (132a discrimination)

Richard Guerra v. Mr. Rooter Plumbing Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding of § 132a violation when, among other things, none of the reasons defendant employer articulated for applicant’s termination were stated to applicant at the time...

FREE DOWNLOAD: Guerra v. Mr. Rooter Plumbing (Calif. WCAB panel) (132a discrimination)

Richard Guerra v. Mr. Rooter Plumbing Discrimination—Labor Code § 132a—WCAB affirmed WCJ’s finding of § 132a violation when, among other things, none of the reasons defendant employer articulated for applicant’s termination were stated to applicant at the time he...

MSHA Expands Upper Big Branch Explosion Investigation Team

Arlington, VA (CompNewsNetwork) - The U.S. Department of Labor's Mine Safety and Health Administration today announced the formation of a supplemental investigation group to augment the efforts of the agency's accident investigation team to determine the cause of the explosion that occurred April...

CA: Officer's Workers' Comp Retaliation Claim Brings Police Dept. Politics,Tactics Under Scrutiny

SAN FRANCISCO, CA - Officer Jane Warren, who resisted the San Francisco Police Department's attempts to eliminate the San Francisco Patrol Special Police, a special group of police officers who are allowed to charge clients for security services, died May 9 of ovarian cancer. According to her attorney...

OSHA Publishes Final Rule Establishing Procedures For Handling Nuclear Retaliation Complaints

Washington, DC (CompNewsNetwork) - The Occupational Safety and Health Administration recently published a final rule that makes the procedures for handling whistleblower retaliation complaints under the Energy Reorganization Act of 1974 and six environmental statutes consistent with retaliation complaint...

Five Recent Workers’ Comp Cases You Should Know About (8/5/2011) – Business Owner Saves Comp Premiums and Successfully Limits Injured Worker's AWW Computation By Dividing Business into Two Parts

Larson's Spotlight on Average Weekly Wage, Attorney’s Fee, Co-Worker Violence, Retaliation, and Heart Attack. 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 the...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

California: The Right to Discovery vs. Privacy and Privilege

Lexis.com subscribers can link to the cases, statutes, and other cites below . In Borrayo v. Tobar Industries, The Hartford Insurance, 2012 Cal. Wrk. Comp. P.D. LEXIS 10 , Lisa Borrayo was working for Tobar Industries, when she sustained a cumulative trauma to her arms & neck ending on January...

Missouri: Appeals Court Remands Retaliation Claim by State Employees

State employees at the Missouri Department of Mental Health claimed they were harassed, intimidated, coerced and punished for pursuing worker's compensation cases and sought money and equitable relief. The circuit court found the plaintiffs could not pursue a discrimination claim under 287.780 because...

Unnecessary Litigation in Workers’ Comp Claims Process: Training and Communication Are Key

By John Stahl, Esq. Dr. Bogdan Savych of the Workers’ Compensation Research Institute (WCRI) said at the outset of his May 10, 2012 webinar entitled “Avoiding Litigation: What Can Employers, Payers and States Do” that the goals of the workers’ compensation system included “delivering...

Unnecessary Litigation in Workers’ Comp Claims Process: Training and Communication Are Key

By John Stahl, Esq. Dr. Bogdan Savych of the Workers’ Compensation Research Institute (WCRI) said at the outset of his May 10, 2012 webinar entitled “Avoiding Litigation: What Can Employers, Payers and States Do” that the goals of the workers’ compensation system included “delivering...

Many Work-related Disabilities Go Uncompensated: Compromising "The Great Compromise"

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits – has...

A Call For Workers' Compensation Reform - Compromising The Great Compromise: Many Work-Related Disabilities Are Uncompensated

By John Stahl, Esq. Evidence that many workers’ compensation claimants have not received payments under “The Great Compromise” – the bargain that traded the right to sue employers regarding employment-related harm for the right to timely and appropriate benefits – has...

Missouri: Court Declines to Lower Burden to Prove Wrongful Discrimination Claims

Claimant asserts his boss fired him because he had a worker’s compensation case, but he failed to convince a jury of that claim. He had a disagreement with his employer whether he should take a break to rest and elevate his foot before completing an urgent job assignment. The case is Templemire...

Larson’s Spotlight on Recent Cases: On-Call Surgical Technician’s Claim Not Barred by Going and Coming Rule

Larson's Spotlight on Going and Coming, Retaliation, Lyme Disease, and Exclusive Remedy. 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 the list below. LexisNexis...

Missouri: “Show Me” the Comp Files

Missouri is back in the news as the Senate and Governor once again debate whether it is reasonable for an employer to be able to promptly determine if a job applicant has prior open or closed worker’s compensation cases. There they go again. On Feb. 13, 2014 the Senate passed Bill 526 (lexis...

Missouri: Employee Need Not Show Comp Claim Was Exclusive Factor in Retaliatory Firing

A divided Supreme Court of Missouri held that in order to make a submissible case for retaliatory discharge under § 287.780 R.S.Mo., an employee must demonstrate that his or her filing of a workers’ compensation claim was a “contributing factor” to the employer’s discrimination...

California Workers’ Comp Case Roundup (9/11/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 8 August 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...

United States: Videotape of Plaintiff’s Interaction With Guest Dooms Retaliatory Discharge Claim

A former employee’s claim that her former employer improperly discharged her in retaliation for filing a workers’ compensation claim was appropriately disposed of at the summary judgment level where the employee could not show that her employer’s explanations for discharging her—which...

Federal: Oregon’s Retaliatory Discharge Statute Offers No Protection Where Comp Claim Filed in Another State

A federal district court in Oregon, construing Or. Rev. Stat. § 659A.040—the state’s retaliatory discharge provision—held that the statute protects only those workers who apply for, invoke, or utilize the procedures of the Oregon workers’ compensation system, and not the...