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Federal Court Denies Attempt To Enjoin New OSHA Reporting Rule

OSHA’s new rule on electronic reporting requirements (the “Rule”) takes effect on January 1, 2017 (for a summary of the Rule, check out our previous post).  In addition to imposing requirements for electronic submission of certain injury and illness reports, the Rule includes three anti-retaliation measures.  A group of trade associations, workers compensation providers, and other...

Counsel for Estate of Worker Killed in Plane Crash Sanctioned for Pursuing Court Action Against Employer

Following a tropical storm, two employees of a solar power plant flew over the sight in one of the employee’s single-engine aircraft to survey the damage from the storm.  The plane crashed and one of the workers died.  That worker’s Estate brought claims of negligence, negligent hiring, wrongful death under a theory of negligence, and wrongful death under a theory of...

Failure To Amend Insurance Coverage Disclosures Found Sanctionable

On Friday, the U.S. District Court for the Eastern District of Wisconsin granted a motion for sanctions against attorneys representing the manufacturer of a catwalk from which an egg farm worker fell and was seriously injured.  At the beginning of the case, the attorneys made the following initial disclosure about available insurance coverage from the company’s German insurer:...

Scrutinize Any Agreements Involving Temporary Workers In Case Of Workplace Incident

In any agreements covering temporary workers, make sure to carefully review the provisions that a reviewing court likely would examine should an injury to one of the workers occur while performing the contracted-for services for purposes of assessing litigation risk.  Specifically, pay close attention to any provisions purporting to classify which entity (or entities) is the...

Texas High Court Clarifies Employers’ Duty To Warn Employees Of Open And Obvious Dangers

Last Friday, the Supreme Court of Texas clarified its premises liability doctrine in response to a certified question from the U.S. Court of Appeals for the Fifth Circuit.  Subject to two narrow exceptions, the court held that employers do not have a duty to warn or protect their employees from dangerous premises conditions that are “open and obvious” or “known” to the employee. The...

Pennsylvania High Court Considers Scope Of Employer’s Liability Exclusion In Umbrella Commercial Liability Policy

Following a workplace injury, a worker brought suit against the owner of the premises who leased the property to the worker’s employer.  The employer maintained an umbrella commercial liability insurance policy containing an employer’s liability exclusion.  The policy did not cover liabilities for injury to “An ’employee’ of the insured arising out of and...

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