Quote of the day
"I'm trying to figure out how to draft around it, and I don't know that I know the answer. It's making the contracting process more complicated and basically, generals are finding out – and owners too – that they have a greater risk than they thought they did ... But are those risks controllable? Are they putting them on the person that really actually has control of the situation, or just theoretically has control?"
Gary Christensen, construction attorney, regarding an Oregon Supreme Court decision he says changes the landscape for general contractors and subcontractors in terms of safety requirements
FLASH: Applied’s troubles generate national coverage
Applied Underwriters is in the news again and this time its national news. What’s the latest in its on-going fights with regulators and policyholders? Get the details here. Workers’ Comp Executive
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Oregon court ruling further muddles construction contract negotiations
A ruling handed down in August by the Oregon Supreme Court has construction attorneys scrambling to add pages to their contracts. They say they may even push for a legislative fix down the road. The case concerns the prime contractor-subcontractor relationship when a worker gets hurt, and it applies to all projects governed by Oregon law. DJC Oregon
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Federal judge sentences Iowa kennel owner to probation
The operator of Black Diamond Kennel, who had numerous violations of animal protection regulations, was sentenced in federal court on Thursday to three years probation. Court documents show the 61-year-old, during the fee collection process, lied to the government about his bank accounts and his income from a workers’ compensation settlement. The Gazette (Cedar Rapids, Iowa)
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Massachusetts: Teamwork Labor Services receives grant
Teamwork Labor Services, of Easton, is one of 37 Massachusetts employers recently awarded a total of $533,149 to help train nearly 4,400 employees in workplace safety and the prevention of injury, illness and death, from Baker-Polito administration’s Executive Office of Labor and Workforce Development. WickedLocal Easton
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Subrogation and the Pennsylvania Heart and Lung Act
An employer’s right to subrogation under the Pennsylvania Workers’ Compensation Act has consistently been found to be absolute, with few exceptions, the most notable example being where the injured worker recovers from an uninsured motorist policy paid for by the employee himself. There is, however, another exception that can be missed, which was recently addressed by a state court. Legal Intelligencer
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