Recent Articles

Health Benefits, US Supreme Court and Workers Compensation

March 21, 2012 21:15

U.S. Supreme Court building. (Photo credit: Wikipedia) On Monday, the US Supreme Court will hear oral arguments concerning the validity of the 2010 Patient Protection and Affordable Care Act. Whatever the US Supreme Court decides in the pending matters, the nation's patchwork of workers'...

Employer Assessed $14,947 Counsel Fee For Wrongful Termination

March 21, 2012 13:45

A NJ administrative court awarded back pay to a wrongfully terminated employee and counsel fees to his lawyer as a result of being terminated by his employer for filing a workers' compensation claim.  "Based upon the applicable law, I CONCLUDE that the uncontested facts as set forth by...

US Supreme Court Hears Arguments on The Entitlement of Children's Benefits

March 21, 2012 10:30

The US Supreme Court, in a matter that may have widespread impact on workers' compensation dependency benefits, heard oral arguments in Astrue v Capato concerning whether a child conceived after the death of a biological parent is eligible for survivor benefits under Title II of the Social Security...

US Supreme Court Rules When Disability Commences in Longshore Case

March 21, 2012 10:00

Sonia Sotomayor, U.S. Supreme Court justice (Photo credit: Wikipedia) The US Supreme Court ruled that an employee must be "newly awarded compensation" in a Longshore and Harbor Workers Act (LHWCA) claim when he was injured and not when the award was entered. This determination sets the time frame...

Workers' Compensation: Are Second Injury Funds Going to be History Soon?

March 21, 2012 00:33

As the Second Injury Fund debate in Missouri becomes more heated,  one must consider the underlying issues challenging its existence. Whatever the outcome, injured workers being denied benefits ordered by judgment should not he held hostage to political...

OSHA proposes $121,000 in fines to Dollar Tree Stores for repeat workplace safety hazards at Newark, NJ store

March 19, 2012 14:00

The U.S. Department of Labor's Occupational Safety and Health Administration has cited Chesapeake, Va.-based Dollar Tree Stores for two repeat safety violations at its Newark location. OSHA opened an inspection in response to a complaint alleging blocked fire exits and the unsafe storage of items...

National Asbestos Awareness Week - April 1 to 7 2012

March 19, 2012 10:00

Image via Wikipedia US Senator Max Baucus (MT) The US Senate has passed a resolution designating April 1- 7, 2012 as National Asbestos Awareness Week. Introduced by US Senator Max Baucus (MT), the mesure received US Senate approval the same day. Co-Sponsors were: Sen Boxer,...

John Sciortino, 52

March 16, 2012 03:02

John Sciortino passed away suddenly, at much too young an age, Monday evening at his home in Penfield. John was born in Buffalo and grew up in Schenectady where he graduated from Mohonasen High School in 1977. John is deeply mourned by the many he so profoundly touched. He was a man of...

OSHA finds Metro-North Commuter Railroad retaliated against injured employee

March 14, 2012 14:20

US Labor Department's OSHA finds Metro-North Commuter Railroadretaliated against injured employee, interfered with medical treatment Railroad ordered to pay damages, attorney’s fees An investigation by the U.S. Department of Labor's Occupational Safety and Health Administration has...

College of Workers Compensation Lawyers Inducts New Fellows

March 14, 2012 03:45

The College of Workers' Compensation Lawyers (CWCL), at its annual meeting in San Antonio, Texas, inducted The Class of 2012 as Fellows. CWCL Fellow and Vice-President, Deborah Kohl, of Massachusetts announced the inductees, administered the oath and presented certificates to the new Fellows...