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Find Solutions & Strategies September 3, 2013 |
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 The Farm Labor Exclusion
A special Labor Day issue dedicated to farm workers |
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| A Note From the Editor |  | |
Dear Work Comp Community:
This issue is dedicated to my grandfather Matsuzo Kuwano (1896-1990), who was once a farm laborer in Santa Maria, CA during the 1930s/early 40s. He lived long enough to see me graduate from law school. I was given many opportunities that he could only dream about.
Farm workers are 20 times more likely to be killed in the course of employment than other workers.
The Larson Treatise has questioned the arguments for the farm worker exclusion, finding them unconvincing for the most part.
In closing, I would like to express my gratitude to Farmworker Justice, the New Mexico Center on Law and Poverty, and writer and photojournalist David Bacon for their contributions to this issue.
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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To read past issues, access the archives. |
| Law360: Get Breaking News |  | |
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| larson's on farm labor exemption |
 Larson's on the Farm Labor Exemption in Workers' Compensation. Sixteen states generally exclude farm or agricultural labor. The particular conditions limiting agricultural coverage vary widely, sometimes excluding employees with less than a certain amount of earnings, sometimes exempting casual or seasonal labor, sometimes excluding family members, and so on. Read more.
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| onion field worker |
An Onion Field near Taft. Valente Guzman Santiago, an immigrant from Nochixtlan, Oaxaca, tops onions early in the morning. © Copyright 2013 David Bacon. All rights reserved. Reprinted with permission. |
| the new mexico story |
Unconstitutionality of New Mexico's Farm and Ranch Laborer Exclusion: Griego v. WCA, by Maria Martinez Sanchez, Esq., New Mexico Center on Law and Poverty. In New Mexico, a state district court judge recently ruled that it is unconstitutional to exclude farm and ranch laborers from the New Mexico Workers' Compensation Act. Read more.
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| farm labor contracting scam |
 The New York Times Article on Health Care for Farmworkers Ignored the Farm Labor Contracting Scam, by Farmworker Justice. The New York Times article about health care reform in agriculture, "Tacking Health Care Costs Onto California Farm Produce" (Aug. 21) emphasized the views of the labor intermediaries, known as farm labor contractors, "who provide farmers with armies of field workers." Read more. |
| cauliflower cutters |
A Cauliflower Field in Lompoc. A crew of cauliflower cutters. © Copyright 2013 David Bacon. All rights reserved. Reprinted with permission. |
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larson's spotlight: off duty officer, volunteer, burden of proof, whistleblower's emotional distress | |
 Larson's Spotlight on Interesting Cases, by Thomas A. Robinson, JD
New Mexico: Off-Duty Police Officer's Drowning During Rescue Effort Found Work-Related. A police officer, outside his jurisdiction, and on a personal day trip near the Rio Grande, who drowned while undertaking the rescue of a drowning child, sustained fatal injuries arising out of and in the course of his employment...read more.
Arizona: "Teachers for Africa" Participant Was Volunteer, Not Employee of Charity. An Arizona appellate court recently affirmed a finding by the state Industrial Commission that a claimant who worked for the International Foundation for Education and Self-Help...read more.
Wyoming: Burden of Proof Includes the "Burden of Persuasion". Emphasizing that the burden of proof contains two elements: (i) the burden of production and (ii) the burden of persuasion, the Supreme Court of Wyoming...read more.
Iowa: Trial Court Has Jurisdiction to Hear Emotional Distress Claim Associated With Whistle-Blowing Activity. An Iowa appellate court recently affirmed, in relevant part, a trial court's denial of defendants' motion for judgment N.O.V., and for new trial...read more. |
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| national & State news |
National and State-by-State News on the Free Web:
NCCI Posts 2013 Updates for Temporary Total Disability Indemnity Benefit Duration.
NCCI Increase in Split Point as Biggest Change in Last 32 Years for WC Insurance.
NFL Concussion Settlement Doesn't Resolve Safety Issues.
Feds Won't Interfere With Marijuana Recreational Use, Marijuana Still Illegal Though.
CA: DWC Issues 15-Day Notice re Changes to Electronic Filing, Lien Filing Rules.
CA: WCIRB Actuarial Committee to Meet Sept. 4.
CA: WCIRB Releases Report on 1Q 2013 Experience.
CA: AB 1309 Pro Athlete Bill Amended With More Restrictions, Earlier Effective Date.
CA: Senate Expected to Approve AB 1309 Pro Athlete Bill This Week.
CA: SB 375 re Medical Examination Interpreters; Enrolled, Sent to Governor.
CA: AB 584 Risk and Insolvency Assessment for Insurers; Enrolled, Sent to Governor.
CA: AB 607 New Requirements for Dependency, Death Benefits; Enrolled.
CA: AB 1045 Sterile Compounding, Nonresident Pharmacies; Enrolled, Sent to Governor.
CA: Amended SB 258 Specifies When Employers to Reimburse Lien Filing Fee/Activation Fee.
CA: Amended SB 258 Retains IW's Claim re New & Further Disability; Removes VR Services.
FL: DOH Proposes Changes to PDMP for Privacy of Prescription Information.
FL: ACLU Blasts Proposed Changes to PDMP, Privacy Concerns Persist.
IL: IWCC Posts Reminder re Limits on Attorney Fees.
IN: Dept. of Labor Posts Latest Workplace Fatality Report.
IA: DWC Halts Walk-In Settlement Practice.
MT: Lawyer Blasts Legislature for Denying Injured Workers' Right to Treating Doctor.
MS: WCC Posts 824-Page Proposed Medical Fee Schedule Changes.
NH: High Court Explains Use of Intoxication Defense in Workers Comp Cases.
NC: HB 74 re Statutory Employers ,Taxi Drivers, Deputy Commissioners Signed by Governor.
NC: IC Updates Form to Reinstate Disability Benefits.
OH: BWC Honors Workers Who Have Died in Workplace Accidents.
OK: Governor Appoints Troy Wilson to Workers Compensation Commission.
TN: 2014 Reforms: Laws No Longer Liberally Construed in Favor of Worker.
TX: DWC Proposes Changes to Health Care Provider Billing Procedures.
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ENEWSLETTER ARCHIVES |
 Take a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
August 26, 2013: The Fog of Adequacy.
August 19, 2013: Texas Workers' Comp v. Medicare Secondary Payer Act.
August 12, 2013: Industry Bloggers Debate the Workers' Comp System.
August 5, 2013: Pain Disorders and the New DSM-5.
July 29, 2013: Cost of Depression and Absenteeism.
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