Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act
Posted on Apr 12, 2019 in Energy/Environmental, Litigation | Comments Off on Eleventh Circuit Clarifies Automatic Entitlement Provision of Black Lung Benefits Act
Yesterday, the Eleventh Circuit resolved an ambiguity regarding when miners’ survivors can recover benefits under the Black Lung Benefits Act. Pursuant to the Act, survivors can recover in two ways. First, they can prove that the miner died from a lung disease caused by pneumoconiosis. Alternatively, they can proceed under the “automatic entitlement” provision (30...
OSHA Announces Highest Proposed Fine of 2019 (More than $1.3 Million)
Posted on Mar 24, 2019 in Construction, OSHA | Comments Off on OSHA Announces Highest Proposed Fine of 2019 (More than $1.3 Million)
OSHA announced a major proposed fine of more than $1.3 million earlier this week for a metal heat treatment company in Ohio. The proposed citations and penalties allege that the company exposed employees to atmospheric, thermal, electrical, and mechanical hazards and include 25 willful, serious, and other-than-serious violations. The allegations relate to confined space issues, falls,...
Worker Cannot Maintain Civil Tort Claims Against Car Manufacturer for Alleged Exposure to Formaldehyde
Posted on Mar 18, 2019 in Uncategorized, Workplace Safety | Comments Off on Worker Cannot Maintain Civil Tort Claims Against Car Manufacturer for Alleged Exposure to Formaldehyde
The U.S. District Court for the Southern District of Mississippi granted summary judgment to a car manufacturer in a case brought by a worker injured at the car manufacturer’s plant. The worker alleges the manufacturer exposed him to formaldehyde-gas emissions on three separate dates that caused him to develop epilepsy. He brought claims for fraudulent misrepresentation,...
Monsanto verdict reduced but case highlights jury realities in products cases
Posted on Oct 25, 2018 in Uncategorized | Comments Off on Monsanto verdict reduced but case highlights jury realities in products cases
A jury in San Francisco found that “Roundup,” the world’s most popular and widely used herbicide, caused a school groundskeeper’s non-Hodgkin lymphoma resulting in a $78.5 million verdict against the manufacturer of this product, which has been used internationally since the 1970s. The Monsanto trial reveals three present realities that manufacturers face in product liability cases;...
OSHA’s Initial Deadline for Form 300A Electronic Reporting Delayed
Posted on Jun 27, 2017 in OSHA | Comments Off on OSHA’s Initial Deadline for Form 300A Electronic Reporting Delayed
OSHA is proposing to extend the initial submission deadline for reporting 2016 Form 300A data from July 1, 2017 to December 1, 2017. OSHA will separately seek comment on other proposals to reconsider, revise, or remove certain provisions of the proposed injury and illness reporting rule. The delay in the initial submission deadline occurred because the data collection system, which...
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