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New York Law Journal

Panel Rejects Application for 9/11 Retirement Benefits

The Third Department ruled Thursday that former officer Michael Del Peschio failed to present medical evidence definitively linking the respiratory problems that forced his retirement in 2011 to his assignment to the World Trade Center site following the terrorist attack of Sept. 11, 2001.
2 minute read

The Legal Intelligencer

Hendershot v. Emmeci, PICS Case No. 16-0607 (C.P. Northampton April 19, 2016) Murray, J. (8 pages).

Plaintiff, a staffing agency worker, was injured on the job at contract facility. The court needed to determine statutory employer.
4 minute read

New York Law Journal

State Found Not Liable for Worker's Injury on Cliff

A rock escarpment in a state park is not a "building or structure" for purposes of a job-related injury that a man sustained while rappelling down the cliff during a work assignment, a state Court of Claims judge determined.
2 minute read

Corporate Counsel

OSHA Issues Zika Virus Guidance for Employers

As the world takes note of the Zika virus, employers must too.
3 minute read

Daily Report Online

Feds Seek Warrant to Conduct Poultry Plant Safety Inspection

Calling a Gainesville poultry plant's cooperation in an accident investigation involving a poultry worker "less than forthcoming," the Occupational Safety and Health Administration and the U.S. attorney in Atlanta are seeking a search warrant to inspect the plant premises for other safety hazards.
7 minute read

The Legal Intelligencer

Price v. Simakas Co. Inc., PICS Case No. 16-0179 (Pa. Super. Feb. 1, 2016) Stabile, J. (13 pages).

By | February 13, 2016
Trial court properly denied a motion to quash subpoenas filed by employer of experts hired to perform an OSHA inspection pursuant to 29 C.F.R. §1908.1 et seq. of plaintiff's employer's workplace, because the subsections of §1908 relied on were not applicable, since they referred to state disclosure. Affirmed.
3 minute read

New York Law Journal

Labor Law §240(1): The Feasibility Issue

In his Construction Accident Litigation column, Brian J. Shoot writes: There is a great deal of confusion and controversy as to whether a plaintiff proceeding under Labor Law §240[1] must identify some statutory "safety device" that would have prevented the accident.
13 minute read

New Jersey Law Journal

Worker Injury in the 'Internet Workplace'

Courts have expanded employer liability for foreseeable acts of its employees, thus significantly increasing employer liability for Internet workers.
6 minute read

New Jersey Law Journal

Why NJ Workplaces Are Safer After 'Fernandes'

N.J. Supreme Court decision makes it more difficult for contractors to escape liability for ignoring OSHA rules, and reduces the level of danger to workers and others that come near construction projects.
9 minute read

New Jersey Law Journal

Surviving the OSHA Inspection

With the proper planning and advice, an employer should be able to properly handle an OSHA inspection and minimize exposure.
7 minute read

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