The ADA at Twenty: A Time for Celebration and Reflection, by Jonathan R. Mook. Twenty years ago this month, President George H.W. Bush signed into law the most sweeping anti-discrimination measure enacted by the Congress since the passage of the Civil Rights Act of 1964 - the Americans with Disabilities Act of 1990 ("ADA"). The ADA, which then President Bush described as the "world's first comprehensive declaration of equality for people with disabilities," has as its purpose nothing less than to bring into society's mainstream the millions of Americans with disabilities. This month, therefore, is a time for celebration of what has been termed the "declaration of independence" of individuals with disabilities. In addition to celebrating the great achievement that marks the ADA's enactment into law, this month also offers us the opportunity for reflection and for an assessment of the extent to which the important and laudable goals of the ADA have been achieved. > Read more

Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law. 

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 7/22/2010. Read it.

Texas Sunset Commission, by Stuart Colburn. Read it.

 

Texas Letters of Clarification, by Stuart Colburn. Read it.

Insurance Council of Texas 2010 Property & Casualty Mid-Year Symposium, by Stuart Colburn. Read it.

 

Obesity in America as Cost Driver in the Workers' Comp System, by Stuart Colburn. Read it.

 

Georgia State Board of Workers' Compensation's Rulemaking Authority Questioned, by Rick Kissiah. Read it.

Nevada Adopts a Worksheet to Rate Permanent Psychological Impairment, by Virginia Hunt. Read it.

RSD in DE: "Yes Sir, that's my Baby"--70 year old Specialist is touted and Ketamine treatment upheld, by Cassandra Roberts. Read it.

Utilization Review in Delaware: Yikes!! The Return of the Fine and (another) Deadline Blown?, by Cassandra Roberts. Read it.

Retaliatory Discharge-Borrowed Employees Are Protected as Well. A borrowed employee filed a retaliatory discharge action against the borrowing employer, contending that one day after she testified, under thread of subpoena, in a workers' compensation proceeding filed by one of defendant's employees, the borrowing employer told her that her services were no longer needed. Defendant contended that plaintiff could not maintain a retaliatory discharge cause of action since she was not defendant's employee, that plaintiff had never been on defendant's payroll, that she had not been fired by defendant and was free to work for her employer at any time and at any work. The appellate court observed that all rights and remedies of the Workers' Compensation Act applied to borrowed employees, that a borrowing employer is primarily liable for the payment of a borrowed employee's workers' compensation claim, and that the public policy considerations which led to recognition of an action for retaliatory discharge equally applied to a claim by a borrowed employee against a borrowing employer. Moreover, defendant's argument ignored the nature of a borrowed-employee relationship.  In the context of that relationship, the most severe sanction a borrowing employer could impose was to refuse all further work. In that context, the sanction was tantamount to a discharge [Hester v. Gilster-Mary Lee Corporation, 386 Ill. App. 3d 1104, 899 N.E.2d 589 (2008)]. See Ch. 104, § 104.07[1] n.19.1.

 

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