Workers' Compensation News
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U.S. 2nd: Threats Make Employee Unqualified
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04/18/2006
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State: NY | Segment: Courts | 0
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The United States Court of Appeals for the Second Circuit ruled that an employee who has threatened other employees is not 'qualified' under the Americans with Disabilities Act (ADA).
In Sista v. CDC IXIS North America , No. 05-1506-cv, 04/13/2006, Michael Sista an employee of inv...Read More
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U.S. 3rd: Asbestos Causes 'Injury by Disease'
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04/17/2006
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State: PA | Segment: Courts | 0
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The United States Court of Appeals for the Third Circuit ruled that asbestos injuries are not necessarily included under an 'injury by accident' provision in an insurance contract.
In USX Corp. v. Liberty Mutual Insurance Co. , No. 04-1277, 04/10/2006, Liberty Mutual Insurance Com...Read More
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U.S. 5th: FMLA Doesn't Require Bathroom Breaks
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04/17/2006
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State: TX | Segment: Courts | 0
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The United States Court of Appeals for the Fifth Circuit ruled that the Family and Medical Leave Act (FMLA) does not require an employer to grant an employee unfettered bathroom breaks.
In Mauder v. Metro. Transit Auth. of Harris County , No. 05-20299, 04/14/2006, Kenneth Mauder, ...Read More
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U.S. 6th: FMLA Requires Capability of Return
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04/11/2006
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State: MI | Segment: Courts | 0
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The United States Court of Appeals for the Sixth Circuit ruled that uncontested doctor's opinions that a claimant cannot return to work after leave under the Family and Medical Leave Act (FMLA) supports summary judgment for the employer.
In Edgar v. JAC Products, Inc. , No. 05-11...Read More
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Union Frowns on Disneyland Hong Kong Policy
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04/11/2006
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State: NA | Segment: Regulatory | 0
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Disneyland's new theme park in Hong Kong may be the happiest place for visitors, but not for the performers who work up to 12 hours a day and risk injury walking around in heavy costumes.
Elaine Hui of the Hong Kong Disneyland Cast Members' Union reports that more than 30 park employees su...Read More
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U.S. 5th Rules on Involuntary FMLA Leave
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04/05/2006
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State: LA | Segment: Courts | 0
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The United States Court of Appeals for the Fifth Circuit ruled that involuntary leave under the Family and Medical Leave Act requires sufficient notice to the employer of the need to take leave.
In Willis v. Coca Cola Enterprises, Inc., No. 05-30047, 03/31/2006, Jennifer Willis was ...Read More
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Utah Fund Lists Training Courses
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04/05/2006
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State: UT | Segment: Safety | 0
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The Utah Workers' Compensation Fund announced training sessions on a variety of topics for April and May.
The seminars are free to members (with some Occupational Safety and Health Administration courses having charges for materials).
Anyone who does not have a policy with the fund...Read More
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UT Campus to Measure Tractor-Safety Results
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04/04/2006
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State: TX | Segment: Safety | 0
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The National Institute for Occupational Safety and Health has awarded $500,000 for a public-safety campaign in Texas aimed at curbing deaths and serious accidents caused by tractors.
The University of Texas Health Center at Tyler is the two-year grant recipient. The campus center for agric...Read More
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U.S. 1st Rejects Claim of Disability Discrimination
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03/27/2006
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State: Natl. | Segment: Courts | 0
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The United States Court of Appeals for the First Circuit ruled that sexually harassing conduct, not disability, was the reason for the plaintiff's termination.
In Rivera-Garcia v. Mendez, No. 05-1659, 03/22/2006, Hector Rivera-Garcia, a professor at Colegio Universitario del Este (U...Read More
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U.S. 3rd Reverses Summary Judgment for Hershey
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03/27/2006
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State: PA | Segment: Courts | 0
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The U.S. Court of Appeals for the Third Circuit held that summary judgment in favor of an employer is inappropriate where the employee has presented sufficient evidence of disability and a rejected proposal for reasonable accommodation.
In Turner v. Hershey Chocolate USA, No. 05-17...Read More
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