All posts by Kit Case

Uncategorized

In Honeywell Asbestos Coverage Fight, Court Won’t Change Allocation Rule

Today’s post was shared by Jon L Gelman and comes from www.law.com

Jaynee LaVecchia
Justice Jaynee LaVecchia

The New Jersey Supreme Court on Wednesday ruled that Honeywell International will not be required to contribute to damages from asbestos claims relating to brake and clutch pads from a company it purchased after insurance companies ceased writing policies that would cover asbestos-related illnesses.

The court was divided 5-1, affirmed a trial court’s ruling that Honeywell had no responsibility for pre-1987 initial exposure claims.

“Under our current law on allocation of liability among insurers, an insured is not forced to assume responsibility in that allocation during the insurance coverage block for years in which insurance coverage is not reasonably available for purchase,” said Justice Jaynee LaVecchia for the majority, citing the high court’s precedent-setting 1994 ruling in Owens-Illinois v. United Insurance.

The majority said it did not believe there was any reason to depart from that precedent.

Bendix, which was subsumed by Honeywell in later years, continued to use asbestos in its brake- and clutch-pad products until 2001, LaVecchia said.

Two insurers, Travelers and St. Paul, urged the court to recognize an equitable “exceptional circumstance” rule to depart from Owens-Illinois, and said the “coverage block” should run until the 2001 end of production of those products. Honeywell contended it had not sought coverage for a claim stemming from any post-1987 initial asbestos exposure.

“No…

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Workers' Compensation, workplace injury

Don’t Go It Alone

Today’s post comes from guest author Richard Cahill Jr., from Pasternack Tilker Ziegler Walsh Stanton & Romano.

An injured worker walked through my door the other day frustrated beyond belief. He had been representing himself on his compensation claim for his back injury. He thought he did not need a lawyer and could handle it himself.

The insurance company accepted the claim and paid this worker only a fraction of what he was actually entitled to, though that was not the issue the client wanted to discuss. He did not even realize that he had been short changed.

What he wanted to discuss was getting back surgery. His doctor requested a laminectomy, but the insurance company told the doctor and the injured worker that they were not going to authorize it or pay for it. This man had been suffering terrible back pain for nearly six months and his surgery was never scheduled.

The injured worker was shocked when I told him that the insurance company did not have to give authorization — this surgery was already authorized under the Board’s Medical Treatment Guidelines. The insurance company knew this of course, but seemingly played ignorant to avoid paying for the needed surgery.

When I then told him that he could not only have his surgery, but also had been paid less than half of the indemnity payments to which he was entitled, the gentleman shook his head in frustration and said, “I shouldn’t have done this alone.”

How right he was. The New York Workers Compensation system is extremely complicated. Insurance companies know the system well and often do not tell unrepresented injured workers details that matter, often while telling the injured worker that they are acting in their best interest.

Do not go it alone.  At Pasternack, Tilker, Ziegler, Walsh, Stanton, and Romano, with more than eight decades of experience in defending the rights of New Yorkers, we help clients get the justice they deserve.

Tunnel Maintenance Trucks

Big, New Seattle Tunnel Will Need Tiny Trucks to Maintain It

When a really big tunnel needs really small trucks…

Posted by WSDOT on Jul 23 2018 4:56 PM
 

When the SR 99 tunnel opens, a fleet of tiny trucks will help WSDOT crews maintain the tunnel – traveling in places most of us will never see. While you drive underneath Seattle, your car might be just a few feet above maintenance workers doing their jobs in these bright, yellow trucks.

All nine trucks are electric and will be housed in the tunnel’s north operations building where they can be recharged by simply plugging them into a standard outlet.

Bigger maintenance jobs will require bigger equipment, like bucket trucks and flatbed lift trucks. All total, more than 30 pieces of equipment will make up the tunnel maintenance fleet dedicated to traffic and maintenance inside Seattle’s newest tunnel.

The tunnel could open as soon as this fall, after an approximately three-week viaduct closure to realign SR 99 into the new tunnel.

Port of Seattle

Port of Seattle Another Step Closer to Handling the Largest Cargo Vessels in the World

The Northwest Seaport Alliance “Breakwater” Newsletter – July 2018:

Seattle Harbor deepening project approved for 57 feet

The USACE’s Commanding General signed the Chief of Engineers Report for the Seattle Harbor Navigation Improvement Project, a plan to deepen the channels leading to the container terminals in the Seattle Harbor to 57 feet.

“This project will make the Port of Seattle the deepest container port in the nation at 57 feet deep,” said Courtney Gregoire, Port of Seattle commission president and co-chair of The Northwest Seaport Alliance. “This is another step forward to making T-5 big ship ready, and able to handle the largest cargo vessels in the world. The Port of Seattle and The Northwest Seaport Alliance thank the Army Corps of Engineers for their timely completion of this study and recognition of the value the project will contribute to our nation.”

The Corps delivered its fiscal year 2018 work plan to Congress, which includes funding to initiate a feasibility study for a deepening project for the Tacoma Harbor.

Photo credit: The Northwest Seaport Alliance

Employer Fraud

Bellevue, WA Firm Barred from Public Projects; Failed to Pay $140,000 to Workers

Quality Construction has been barred from seeking contracts on public works projects after failing to pay workers more than $140,000 for their work on two elementary schools.

The Bellevue-based firm did not appeal the formal order the Washington State Department of Labor & Industries (L&I) issued recently that also suspended its contractor’s license. The investigation covered work that started in spring 2015.

“Our investigation showed Quality Construction shorted the workers on both public projects, paying them less than what they were owed,” said Jim Christensen, Prevailing Wage Program manager for L&I. “These repeated violations of state law by the company showed it wasn’t just a mistake in filing paperwork.”

Prime contractors agree to pay shorted workers.

As a result of the L&I investigation, prime contractors on both projects paid the wages Quality owed its workers. In all, more than $140,000 was paid to 27 workers.

Cornerstone General Contractors Inc., of Bothell, paid $40,500 for work on the Sunny Hills Elementary School in the Issaquah School District.

Bayley Construction, of Mercer Island, paid $102,000 for work on Seattle Public Schools’ Arbor Heights Elementary School. L&I reached an agreement late in May with Bayley to pay the wages.

“The prime contractors should get credit for stepping up and fixing the problem,” Christensen said. “It was unfortunate they were left with problems Quality created.”

Workers paid at wrong rates and records falsified

In both construction cases, the employees were doing carpentry work on the schools but were paid at lower, apprenticeship wages, even though they weren’t state-registered apprentices. The firm also falsified payroll documents relating to the work that took place, according to the investigation.

The state’s prevailing wage law, triggered when construction uses public funds, covers workers on projects such as schools, roads, and buildings. L&I enforces the law, which protects employees by setting the wages for specific work. The law ensures contractors have a level playing field when bidding on public projects.

Photo on Foter.com

Uncategorized

Insect-Related Risks to Outdoor Workers

Today’s post was shared by Jon L Gelman and comes from mailchi.mp

A new fact sheet and investigation report from the California Department of Public Health’s Fatality Assessment and Control Evaluation (FACE) Program details the death of a date palm tree worker after he was attacked by multiple bees at an organic orchard in Southern California. Aggressive Africanized honey bees now account for the majority of feral honey bees in this region. Employers can post the fact sheet – also available in Spanish – at work sites.

Outdoor workers in agriculture, landscaping, construction, and other industries are at risk for insect-related illnesses and injuries, including fatal anaphylactic shock and mosquito-borne and tickborne diseases.

A new Vital Signs report from the Centers for Disease Control (CDC) discusses the rise of illnesses from certain insect bites, and the National Institute for Occupational Safety and Health (NIOSH) has a topic page for bites and stings with preventive tips for workers and employers.

Email Occupational Health Watch with feedback about this update or change of address.

An Africanized honey bee
An Africanized honey bee

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Worker Safety

Taco Bell Franchise Fined by WA State for Violating Teen Worker Laws

A Taco Bell franchise owner has been fined nearly $120,000 by the Washington State Department of Labor & Industries (L&I) for repeated violations of teen worker laws over several years at a half-dozen Western Washington restaurants.

This week, L&I sent a letter to the California-based Taco Bell of America LLC requesting representatives meet with the agency to discuss required changes in the company’s youth employment practices. The company owns some 60 restaurants in the state. 

It’s important to note these violations are connected specifically to Taco Bell of America LLC. There are other Taco Bell restaurants in Washington not connected to this company, or to the violations found.

“Teens are an important part of the workforce. We enforce these laws to prevent injuries and keep them safe on the job,” said David Johnson, L&I Employment Standards Program manager.

In all, six investigations over three years – based on complaints from employees and parents – have resulted in fines totaling $119,450.

Numerous violations found at Marysville, Auburn and other stores

L&I issued one citation in June of this year against a company restaurant at 17105 27th Ave. N.E. in Marysville, and one in March involving the Taco Bell at 710 Auburn Way S., in Auburn. Fines in these cases total $70,000. The company is appealing the Marysville citation.

At the Marysville location, L&I’s investigation covering January and February found 11 youth worked more than three hours without taking a rest break 59 times; nine minors worked more than four hours without a rest break on 20 occasions, and the restaurant failed to produce parent school authorization forms or proof of age of the workers. L&I found similar violations at the Auburn restaurant.

During the summer, many youth are working real jobs for the first time. “Teens often don’t know their workplace rights, so it’s up to managers to follow the laws and emphasize safety on the job,” Johnson said.

In 2017, 680 youth, age 17 and under, reported injuries on the job in Washington.

In 2015 and 2016, L&I conducted other investigations of Taco Bell of America LLC locations. Those investigations resulted in the company paying $49,450 in fines. Violations were found at stores located at 501 15th St. N.E., Auburn; 182 Trosper Road S.W., Tumwater; 1478 Dike Access Road, Woodland; and 21131 State Route 410 E., Bonney Lake.

L&I provided training for more than two dozen Taco Bell of America LLC restaurant managers and human resources staff members during those investigations.

It’s important to note these violations are connected specifically to Taco Bell of America LLC. There are other Taco Bell restaurants in Washington not connected to this company, or to the violations found.

Worker Safety

Washington State’s Move Over Law Changes, Makes Work Zones Safer

On June 7, Washington State traffic laws changed to improve roadway work zone safety. The new law requires drivers to proceed with due caution, slow down, and, if safe, move over or change lanes when approaching any authorized construction or maintenance vehicle or worker in a designated roadway work zone. 

The new rules describe work zones to include adjacent road lanes 200 feet before and after stationary or slow-moving construction, maintenance, solid waste, or utility service vehicles that display flashing or rotating lights that meet state requirements for vehicle warning light systems. 

Fines range from $136 for failing to move over to $1,000 for reckless endangerment offenses. Penalties can also include jail sentences and driver’s license suspensions. The changes follow House Bill 2087, which passed with full legislative support to expand the previous “move over law” for first responders and emergency vehicles. 

Read more on the Keep Trucking Safe Blog. 

 

 

Worker Safety

Serious Injuries at Two Worksites Lead to Fines and Citations for National Products, Inc.

A Seattle, WA company that manufactures electronics mounting systems and other products is facing more than $250,000 in fines for multiple serious and willful worker safety and health violations.

The state Department of Labor & Industries (L&I) recently cited National Products, Inc. after finding numerous violations during three separate inspections this year.

L&I opened one of the inspections after a worker was burned by molten aluminum, and another inspection followed amputation injuries at another National Products worksite. The inspections identified 26 total violations including multiple serious and willful violations collectively resulting in fines totaling $253,320.

“We’ve cited this employer before for several of these very serious hazards, but the company continues to put its workers at risk,” said Anne Soiza, L&I’s assistant director for the Division of Occupational Safety and Health.

The amputations, which involved several fingers of one worker, occurred in a facility where there were five trimming presses, each of which was in some sort of disrepair. Among other problems each machine had an emergency stop button that was either blocked, missing or in disrepair. Worn out and unaligned springs that made the operator visually line up levers were a contributing factor in the injury.

The burn injury happened at another National Products facility where workers were carrying molten aluminum from one machine to another in ladles slung over their backs, and they were not wearing proper personal protection equipment.

“Workplace injuries and illnesses are preventable, and many of these hazards are easy to control,” Soiza said. “L&I offers free tools and expertise to help Washington employers create safer workplaces so they can save lives and money. There’s just no excuse for continually putting workers at risk.”

Since National Products, Inc. has been cited in the past for similar situations, the company is now considered a severe violator — a designation that carries consequences, such as follow-up inspections at any of their facilities or sites that could have similar hazards.

The employer has 15 business days to appeal the citations.

Penalty money paid as a result of a citation is placed in the workers’ compensation supplemental pension fund, helping injured workers and families of those who have died on the job.

For a copy of the citations, please contact Public Affairs at 360-902-5413.

Photo by cogdogblog on TrendHype / CC BY

Uncategorized

Herbicide Occupational Exposures – The Next Wave of Serious Compensation Claims

Today’s post was shared by Jon L Gelman and comes from workers-compensation.blogspot.com

A liability trial commenced this week in San Francisco against Monsanto for the alleged carcinogenic propensities of its popular herbicide RoundUp. The claim was brought on behalf of a school groundskeeper who is suffering from a terminal cancer. He alleged that his exposure to the glyphosate-based herbicide caused his disease. The case is one of 5,000 that are now being cued-up for trial.

The case mirrors the trajectory of asbestos exposure claims, the longest run tort in US history. The initial two liability cases, brought against the manufacturers, suppliers and distributors of asbestos fiber in the 1970’s, trigged a mass onslaught of workers’ compensation cases on a national basis.

Glyphosate, N-(phosphonomethyl) glycine, is one of the most widely used herbicides. It is the active ingredient in products such as Roundup, Rodeo Aquatic Herbicide, and Eraser. Glyphosate is a broad-spectrum herbicide that tis used on broadleaf weeds, grasses, and woody plants.

Occupational exposure cases usually turn on the opinions of medical experts and this case is no exception. Reuters reported, “ One of the experts is Beate Ritz, a public health professor at the University of California, Los Angeles who has criticized EPA studies of glysophates as flawed and concluded based on her review of available research that glyphosate-containing products "to a reasonable degree of scientific certainty" cause the lymphoma cancer….. The other is Alfred Neugut, a…

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