Worker Wins Burden of Proof
- Pennsylvania Appeals Court rules that an injured worker is entitled to medical treatment for a previous injury, despite injuries sustained working for another employer.
- Worker Norman Rickley injured his lower back while employed for Dandy Service Corporation. Both parties agreed to a C&R that resolved the company of indemnity but not medical benefits.
- Rickley re-injured his back in 2017 working for Burger King aggravating his 2006 injury. Dandy argued it was not responsible for that treatment.
- The Appellate Court noted that the C&R said Dandy was responsible for all medical treatment casually related to the 2006 injury. The burden of proof was on Dandy to show that Rickley’s lower back injuries were not work-related.
Nuclear Workers to Get Benefits.
- It’s been a long time in company but nuclear employees in Ohio will be getting benefits including workers’ compensation.
- Workers’ could be eligible for benefits under the Energy Employees Occupational and Illness Compensation Program Act. The program is administered by the Office of Federal Workers Compensation Program.
- The benefits are a long time in coming. Many nuclear weapons workers who toiled at facility in Dayton suffered health effects as a result of injuries and illnesses associated with the manufacture of bombs.
- The Department of Labor is hold an even April 10 in Ohio where former workers and their families can check on existing claims or file new ones.
7-11 Case Could Upend Employment Law
- A case before the Massachusetts Supreme Court regarding independent contractors has the potential to “warp” employment law.
- The case involves arguments over independent contractor status for 7-11 franchise owners. Are the on-the-ground franchise owners employees or not?
- Franchise owners filed suit against the 7-11 corporation arguing that they’re working long hours and low wages, but they are not considered employees. Therefore 7-11 can evade certain employment laws, say lawyers.
- The case is significant in that employers can get around providing certain benefits including workers compensation.