News Digest 5/23/2007

By: Rick Waldinger

Quote of the day

"That's an impossible standard."

Tony Oppegard, Kentucky attorney for widows and children of victims of a 2006 mine explosion, regarding Kentucky law, under which employees may opt out of workers' comp but must prove they were intentionally injured in order to recover damages.

Go to the full story in the Lexington Herald-Leader

Kentucky Mine Blast Victims Sue for Damages
One survivor and the widows of four miners killed in a 2006 underground Kentucky mine explosion, which a shift foreman and a miner ignited when they used an open torch near a methane leak, sue a coal company for damages beyond workers’ compensation benefits they are already receiving. The suit also claims that the miners’ air packs were defective. By Lee Mueller, Lexington Herald-Leader
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BP Amoco Accused of Wrongful Termination
A former employee of BP Amoco sues the company for more than $150,000, claiming she was fired in retaliation for filing a workers’ compensation claim. By Ann Knef, Madison, St. Clair Record
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Grand Central Renovation Workers Claim Lead Poisoning
The renovation of New York City’s Grand Central Terminal spurs lawsuits against the general contractor and the city’s transit authority alleging that workers were poisoned by toxic fumes produced from the demolition burning of steel beams, ducts and other structures coated with lead paint. The alleged physical and mental effects include sexual dysfunction, tremors, headaches, gastrointestinal discomfort, blurred vision and dizziness. By Anthony M. Destefano, AM New York
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Editorial: Mistakes at Ground Zero Now Exacting Toll
The Giuliani administration’s emphasis on a speedy cleanup of Ground Zero, a return to normalcy, mixed official messages about air quality and a “macho disdain” of safety equipment are reasons why fewer than one-third of recovery workers were using respirators by October 2001 while working on the smoldering toxic pile, and why so many are now suffering from respiratory ailments. New York Times
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Vermont Law Presumes Firefighters’ Cancers Work-Related
Cancer-stricken firefighters in Vermont might have an easier time qualifying for workers’ compensation benefits after Gov. Jim Douglas signs a bill that would presume their cancers are job-related. As a result, insurance carriers must prove that the cancer was caused by something other than the firefighter’s work in order to deny a claim. By AP via WCAX-TV (Burlington, Vt.)
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Shipyard Worker Gets Job Back
A pipefitter, whom the Navy had alleged was physically unable to do his job, wins back his job at the Portsmouth Naval Shipyard after winning an appeal. However, an administrative judge dismisses an allegation of discrimination based on perceived disability. By Michael Goot, Foster’s Daily Democrat (The Berwicks, Maine) via MSNBC
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South Carolina Gov. Urges Reform as Session Winds Down
With only about a week left in South Carolina’s 2006 legislative session, Gov. Mark Sanford is pushing lawmakers to pass workers’ compensation reform, among other measures. By Tim Smith, Greenville Tribune-Times
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