News Digest 4/14/2008

By: Rick Waldinger

Quote of the day

"I argued to the court that, at some point in time in workers' compensation, the employer's liability has to end. There was always a bright line that says a commute to and from a fixed place of employment that results in an injury is not compensable, and a ruling to the contrary here would have significantly changed that."

Shawn F. Mullen, attorney for the insurer in a recent Massachusetts case that denied benefits to a Big Dig worker who was injured in a one-car collision that occurred while he was driving home at the end of a 27-hour shift

Go to the full story in Massachusetts Lawyers Weekly

Big Dig Case Sought Exception to ‘Going and Coming’ Rule
The recent Massachusetts Supreme Judicial Court case that denied workers’ compensation to a foreman on Boston’s Big Dig, who was injured in a fatigue-related car crash and argued for an exception to the “going and coming rule,” was a case of first impression for the court. By David E. Frank, Massachusetts Lawyers Weekly
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Franken Admits Workers’ Comp Violation
Senate candidate Al Franken’s campaign acknowledges that his New York-based business wrongly failed to provide workers’ compensation insurance for nearly three years, for which authorities in the Empire State charged him $25,000. Franken paid the fine immediately along with a separate penalty for failing to provide disability benefits insurance for two years, but says he did not know about the fine because he moved to Minneapolis in 2005.
Go to the full story by Kevin Duchschere, Minneapolis Star Tribune
Go to the full story in the San Francisco Examiner

Consultant: Every Workers Comp Claim Starts with an HR Decision
According to the Bureau of Labor Statistics, 13 percent of all injuries occur within ninety days of hire, 23 percent occur within the first four hours on the job. Employers often hire based on an unrealistic idea that “anyone” can be trained to do the job, but this is the first mistake on the road to a workers’ compensation claim. By Margaret Spence, American Chronicle
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Nova Scotia Winter Injury Rate Skyrockets
The Nova Scotia Workers Compensation Board reports that the number of workplace injuries in the province related to cold weather, including slip and falls, motor vehicle accidents, and musculoskeletal injuries related to moving heavy snow, spiked more than 60 percent from the prior year. Chronicle Herald (Halifax)
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Help on the Way for Minnesota Pork Plant Workers?
Slaughterhouse workers who suffer from a progressive inflammatory neuropathy, which may be due to exposure to animal brain tissue, have been unable so far to collect workers’ compensation, but relief may be around the corner. By Jeff Hansel, Austin Post-Bulletin
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Home Improvement: Make Sure Your Contractor Is Properly Covered
Insurance is rarely a priority during a home repair or remodeling, but any time someone gets hurt on your property because of your negligence or carelessness, you can be held legally responsible. To protect yourself, make sure the contractor is properly insured. By Asa Aarons, New York Daily News
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Louisiana Parish Extends School Board’s Workers’ Comp Plan
With its current workers’ compensation insurance plan set to expire, the Louisiana’s St. Mary Parish School Board unanimously agrees to extend its $1 million self-insured plan. By Randy Louis, Daily Iberian (New Iberia, La.)
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Union Asks Congress to Probe Cancers at Ohio NASA Facility
A union at NASA’s Glenn Research Center in Cleveland asks Congress to investigate what it believes is a high incidence of cancer at one of its buildings. Specifically, the union is concerned about possible mold and asbestos from a ceiling hole, a dirty filter and other problems at the complex. By AP via Akron Beacon Journal
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