| A Note From the Editor |
Dear Workers' Comp Community:
Today, April 28, is a somber reminder of those workers who have died in the workplace. We thank Tammy Miser, Kim Bobo, Chuck Davoli and WILG, and Rebecca Shafer for sharing their views on what needs to be done to improve workplace safety.
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workers memorial day: honoring the dead as we fight for the living |
Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.
 The key talking points for journalists and speechwriters in the AFL-CIO Workers Memorial Day 2014 Toolkit begin with this hardly-even-banal lead remark: "Each Year on Workers Memorial Day, working people throughout the world remember those who were hurt or killed on the job, and renew our struggle for safe workplaces." Forgive me for being underwhelmed. Workers Memorial Day has been an annual observance since 1989, and April 28, 2014 will be no exception. Throughout the nation, we will hear somber speeches. Bells will toll. And more workers will die. Deciding to step away from the somewhat disquieting ceremonial cacophony, my colleague Robin E. Kobayashi and I chose instead to go after some straight talk about death on the job from a few thought leaders in the workplace safety arena....and we asked this question: Has worker safety improved at all during the past year?...read more.
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update on the meaning and proper application of section 6(c) of the lhwca |
By Mark A. Reinhalter, Counsel for Longshore, Office of the Solicitor, U.S. Department of Labor, Washington, D.C.
 Section 6(c) of the Longshore and Harbor Workers' Compensation Act sets a cap on the amount of compensation that may be paid under the Act and provides for the periodic upward adjustment of the amount of compensation received by certain claimants for permanent total disability or death. Issues concerning the proper interpretation and application of this statutory section have resulted in increased litigation, culminating in a 2012 Supreme Court decision and a published, December 2013 Benefits Review Board decision....read more.
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LARSON'S SPOTLIGHT ON RECENT CASES |
Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.
 Iowa: Subjective Intent Does Not Ordinarily Determine the Issue of Employment Status. An Iowa appellate court held that substantial evidence supported the workers' compensation commissioner's conclusion that an injured worker who worked for an hourly wage as a carpenter, at sites and times dictated by the employer, was an employee...read more.
Ohio: Employee Barred From Additional Benefits When She Walks Away from Light-Duty Position. The Supreme Court of Ohio affirmed a decision by the Court of Appeals that held that an injured employee was disqualified from receiving additional temporary total disability benefits because she had abandoned her employment where...read more.
Kansas: To Bar Recovery, Drug Impairment Must Be Contemporaneous With Onset of Injury or Condition. A Kansas appellate court held that the state's statutory provision barring workers' compensation benefits to "impaired" workers requires the employer to prove the worker was impaired at the time of the injury and also...read more.
Mississippi: CPA Exec's Heirs May Pursue Death Benefits in Spite of Exec's Failure to Secure Coverage. In a split decision, the Court of Appeals of Mississippi held that the survivors of a business executive could pursue their claim for death benefits under the state's Workers' Compensation Act in spite of the fact that the deceased...read more. |
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Workers Memorial Day
