Construing Virginia’s intentional violation of a known safety rule statute [Va. Code § 65.2-306(A)], a state appellate court affirmed an award of workers’ compensation benefits to an employee who sustained...
Virginia Claimant Did Not Violate Known Safety Rule in Connection with Injury Virginia Claimant Did Not Violate Known Safety Rule in Connection with InjuryAn Ohio appellate court affirmed a trial court’s decision granting an employer summary judgment in a retaliatory discharge action filed against it by an employee who was terminated soon after...
Ohio Employee’s Termination Linked to Safety Violation, Not His Comp Claim Ohio Employee’s Termination Linked to Safety Violation, Not His Comp ClaimCautioning that the analysis of the case by the state’s Department of Labor had come “perilously close to the prohibited concept of contributory negligence or fault,” the Supreme Court of...
SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp Disputes SD Supreme Court Stresses Fault and Negligence Have No Role in Workers’ Comp DisputesViolation of Known Safety Rule Prevents Recovery for Injuries A decision to enter a fenced area at the employer’s facility through an unapproved opening, instead of through the approved interlock...
Virginia Worker’s “Short-Cut” Results in Denial of Benefits Virginia Worker’s “Short-Cut” Results in Denial of BenefitsA worker, who sustained severe injuries, including a left-hand amputation and major depressive disorder, while performing routine maintenance on the employer’s conveyor belt system, is not entitled to additional compensation...
Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations Ohio Commission Erred in Assessing Penalties Against Employer for Safety Violations