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California Chamber of Commerce Announces “Job Killer” Bills of 2015

Published on June 18, 2015

The California Chamber of Commerce has released its 2015 preliminary list of “job killer” bills. The list focuses on proposed measures currently pending before the California legislature that, if passed into law, the Chamber believes would have a negative impact on California’s job climate and economic recovery. (more…) ...

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Don’t Simply Rely on Medical History When Assessing Someone’s Ability to Perform the Job

Published on May 19, 2014

On April 21, 2014, a federal judge in Florida ruled against American Tool & Mold, Inc. (“ATM”) for terminating an employee based on his failure to provide medical certification of his ability to perform the job.  The problem was that the employer never conducted an individualized assessment of the individual’s ability to complete the tasks; they merely relied on his medical history report showing a successful back surgery six years prior.  When ATM’s post-offer medical examination...

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Digital X-Rays May Become Available In Black Lung Claims

Published on July 12, 2013

A new final rule proposed by U.S. Department of Labor’s Office of Worker’s Compensation Programs (“OWCP”) updates the types of diagnostic tests available in evaluating claims of Black Lung Disease by coal miners under the Black Lung Benefits Act.

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Photographer’s Negligence Claim Not Barred By Workers’ Comp

Published on May 3, 2011

The U.S. District Court for the Western District of Virginia denied a motion to dismiss a negligence claim brought by a photographer against a car dealership.  The employer argued that the claim was barred by the exclusive remedy provisions of the Virginia Workers' Compensation Act because the photographer was a "statutory employer."  The court disagreed.  Virginia Lawyer's Weekly has a story on the case here.  A copy of the Court's opinion can be found here. ...

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