September 2012: Workers’ Comp Advisory

Five fallacies that trip up Return-to-Work (RTW) programs
Even employers who have well established RTW plans can take too much for granted and find claims unexpectedly deteriorating into costly lost-time cases. Learn how to keep your program on track… Read More.

Workplace violence: an employer’s responsibility
With many high profile cases, the bar of responsibility for employers to prevent workplace violence is raised well beyond adhering to the OSHA general duty clause of employer responsibility to maintain a safe work environment… Read More.

Lessons learned from the NFL lawsuits
While it may be several years before it is all sorted out, the multiple lawsuits concerning allegations of misrepresentation and violation of safety protocol against the National Football League (NFL) provide some interesting fodder for Workers’ Compensation… Read More.

OSHA Watch

  • Guidance issued on how to be removed from Severe Violator Enforcement Program
  • Direct final rule applies Cranes and Derricks Standard to demolition, underground construction
  • Stepped up fall hazard enforcement in Southeast
  • New directive addresses marine cargo handling
  • OSHA issues tips on protecting workers from mercury in fluorescent bulbs
  • Company successfully challenges repeat violation classification
  • Recent fines and awards
  • Read More.

Legal Corner
ADA

  • Requiring employee’s psychological evaluation violates ADA
  • Obesity as impairment

FMLA

  • Job does not have to be kept open indefinitely under FMLA

Workers’ Compensation

  • Workers’ Comp is exclusive remedy for widow of worker killed on the job – Illinois
  • No comp for house cleaner ruled independent contractor – New Jersey
  • Post-injury retirement is not ‘abandonment of employment’ -Ohio
  • Death benefits awarded to widow of professor who fell in restaurant – Pennsylvania
  • Termination for misconduct derails benefit award – Pennsylvania
  • Injured employee entitled to benefits for related mental health illness – Tennessee
  • Read More.

Things you should know

  • EEOC complaint process changes issued
  • NLRB: Prohibiting discussion of work investigations unlawful
  • Online presentation aims to educate CMV drivers about fatigue
  • BLS: Manufacturing, utility workers most at-risk for hearing loss
  • Sleep deficiency tied to pain in health care workers
  • Study links shift work to vascular problems
  • Demanding jobs increase female risk of heart attack
  • Medical counseling helps workers with back pain return to work
  • Study finds work schedules may contribute to obesity among nurses
  • Read More.

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