News Digest 4/30/2008

By: Rick Waldinger

Quote of the day

"I think the [Texas] Legislature is laboring with whether or not they really want a no-fault workers' comp system. If you want a no-fault system, then it ought to be truly no-fault."

Leo Linbeck Jr., construction contractor

Go to the full story in the Houston Chronicle

Still No Trial Date for Central Valley Restaurateurs
Setting a trial date in the complex criminal fraud and tax-evasion case against the owners of the shuttered Mallard’s restaurants in Stockton and Modesto proves elusive. The family faces as many as 33 criminal counts for allegedly not paying or reporting employee taxes for more than 200 restaurant workers, deducting the taxes from employee paychecks and keeping the money. By Joe Goldeen, Stockton Record [with photo] Go to the Full Story…

BP Victims’ Relatives Urge Review of Texas Decision
Relatives of workers who were killed in the 2005 BP Texas City refinery explosion join other industrial accident victims in asking the Texas Legislature to overturn a state supreme court ruling that prevented an injured contract worker from suing the worksite company for damages because he was covered by workers’ compensation. By Kelley Shannon, AP via Houston Chronicle
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Prosecutors: ‘Therapist’ Scammed Patients, Ohio BWC
Federal prosecutors say an exercise physiologist who passed himself off to injured workers as a physical therapist had no license for his business. To get around the rules, he allegedly used provider numbers from a physical therapist and a doctor when he billed the Ohio Bureau of Workers’ Compensation. By Dan Horn, Cincinnati Enquirer
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Fifth Circuit Upholds Workplace Shooting Lawsuit
A federal appeals court upholds the dismissal of a lawsuit against Lockheed Martin Corp., in which the plaintiff claimed he was wrongfully fired and suffered emotional problems after a 2003 workplace shooting rampage in Mississippi. Earlier this year, the court upheld the dismissal of claims by 27 plaintiffs who sued Lockheed Martin for damages, ruling that the workers’ claims were subject to workers’ compensation law. By Jack Elliott Jr. AP via GulfLive.com
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Work-Safety Advocates Say Fines Are Too Low
Advocates say low Fed-OSHA fines and rare jail terms help explain why, on average, 16 Americans are killed at work every day and why little progress has been made in recent years to lower that number. The AFL-CIO’s director of safety and health contends that the Occupational Safety and Health Act, which has not been updated since its inception in 1970, needs its criminal and civil penalties strengthened.
Go to the full story by Philip Dine, St. Louis Post-Dispatch
Go to the full story by Katherine Torres, Occupational Hazards

Australia: WorkCover Changes Meet Resistance
In South Australia, the Public Service Association is campaigning against planned cuts to workers’ compensation payments under WorkCover. ABC.net (Australia)
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Commentary: ‘WCB Nonsense’
If you’re an accountant worried about being injured on the job while preparing tax returns or a travel agent who feels unsafe putting together holiday packages for your customers, the Manitoba government wants you to be covered by workers compensation. Seriously. By Chuck Davidson, Winnipeg Sun
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