Category Archives: Work Injury

Justices consider availability of punitive damages in maritime unseaworthiness case

SCOTUS weighs in on the availability of punitive damages based on alleged “unseaworthiness” of a vessel

Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case

The few admiralty cases the Supreme Court hears often address common-law questions resembling those that normally arise on land and are generally within the province of state courts. These maritime adventures tend to involve a deep journey into relatively esoteric doctrinal areas, requiring the court to determine its proper judicial role as well as to make appropriate substantive choices.

This term’s second admiralty excursion, The Dutra Group v. Batterton, presents another such occasion. On March 25, the Supreme Court will hear argument on whether a Jones Act seaman may recover damages in a suit for personal injuries based on the alleged unseaworthiness of the vessel to which he was assigned. The simplicity of that statement hides the possible challenges of the doctrinal voyage that may await the justices, depending on the course they set. The question has produced a circuit split, whose resolution will likely require the Supreme Court to interpret at least two of its recent precedents, 1990’s Miles v. Apex Marine Corp. and 2009’s Atlantic Sounding Co. v. Townsend. The case will immerse the justices in decades, if not centuries, of maritime law regarding the various remedies available to seamen in personal-injury and wrongful-death cases and their sources in general maritime and federal statutory law.

Christopher Batterton, a seaman, allegedly injured his hand while working on a dredge vessel to which he had been assigned. Batterton sought recovery from his employer, The Dutra Group, under a familiar trilogy of maritime remedies: maintenance and cure; the Jones Act, 46 U.S.C. 30104; and unseaworthiness. Maintenance and cure is a limited, but strict-liability, quasi-contractual remedy that allows a seaman who is injured or falls ill in service of the ship to recover food, lodging and medical treatment until he is cured to the extent possible. The Jones Act authorizes a seaman to sue an employer for negligence, and the unseaworthiness doctrine allows recovery if injury results from a condition that renders the vessel not reasonably fit for its intended purpose. Maintenance and cure and unseaworthiness are judge-made doctrines; Congress passed the Jones Act in 1920. The Jones Act and the unseaworthiness doctrine allow a seaman recovery that compensates for loss from injury or wrongful death attributable to the employer. These damages differ from, and are more extensive than, the allowances for some basic living expenses and medical care that the more limited maintenance-and-cure action confers.

In addition to seeking compensatory relief, Batterton attributed the alleged unseaworthiness of the vessel to willful and wanton misconduct and sought punitive damages based on that theory only. That decision ultimately transformed this case from a standard maritime personal-injury dispute into a controversy worthy of certiorari. The district court denied Dutra’s motion to strike the punitive-damage count but certified that decision for interlocutory appeal, which the U.S. Court of Appeals for the 9th Circuit accepted.

The question, whether a Jones Act seaman could recover punitive damages for an injury attributable to vessel unseaworthiness, shined a spotlight on Miles and Townsend. In Miles, the Supreme Court, 8-0, denied recovery of nonpecuniary damages for loss of society in an unseaworthiness wrongful-death action and for lost future income in an unseaworthiness survival action. It reasoned that because such damages are not available in a congressionally created Jones Act wrongful-death suit, they should be unrecoverable under the alternative tort theory of general maritime law unseaworthiness.

In Townsend, however, the Supreme Court concluded, 5-4, that punitive damages are available for breach of the duty under general maritime law to provide maintenance and cure.

Miles did not discuss punitive damages. The four Townsend dissenters concluded that the Jones Act precludes punitive damages, but the majority, having determined that issue not to be decisive, specifically did not address it.

The 9th Circuit affirmed the district court’s decision. In ruling that punitive damages may be awarded to seamen for personal injuries in a general maritime unseaworthiness action, the appellate court followed its pre-Miles precedent, in part because it found Townsend the more dispositive Supreme Court decision. The 9th Circuit read Townsend as limiting Miles to claims for loss of society and lost future earnings in unseaworthiness actions and not foreclosing punitive damages in general maritime law actions. In the 9th Circuit’s view, Miles precluded nonpecuniary damages in unseaworthiness actions but did not bar punitive damages because they do not compensate the injured party for a loss.

The 9th Circuit’s conclusion put it at odds with decisions in other circuits with sizeable admiralty dockets, including a divided 2014 U.S. Court of Appeals for the 5th Circuit decision and post-Miles, pre-Townsend opinions in the U.S. Courts of Appeals for the 1st, 2nd and 6th Circuits, which had concluded that Miles precluded punitive-damage claims in general maritime unseaworthiness or negligence actions.

In its Supreme Court brief, Dutra argues that punitive damages are unavailable in general maritime law unseaworthiness actions. It identifies as a basic premise of Miles the separation-of-powers concern that admiralty courts should follow related congressional limits in shaping general maritime law in analogous areas and should preserve maritime uniformity. Although Miles did not involve punitive damages, Dutra interprets it as signaling that damages available in a judge-made unseaworthiness action are limited to those Congress allowed under the Jones Act. Because the Jones Act, like the Federal Employers Liability Act on which it was based, has been construed to preclude punitive damages, Miles’ command of judicial deference to congressional judgments dictates the same result for an unseaworthiness action.

Dutra construes Townsend as applying to a maintenance and cure, not unseaworthiness, action and as leaving Miles in place. The maintenance-and-cure remedy involved in Townsend was an ancient doctrine that predated the Jones Act’s statutory negligence action and furnished a distinct recovery from that provided under the Jones Act. By contrast, the unseaworthiness remedy at issue in Miles and Dutra presents an alternative to Jones Act recovery for the same injury and incident, one that courts created in its current form after Congress had provided the statutory negligence remedy.

For his part, Batterton sees Townsend as the relevant precedent and concludes that it allows a seaman to recover punitive damages in an injury action for breach of the general maritime law duty to furnish a seaworthy vessel. He argues that Townsend establishes that the long-standing availability of punitive damages at common law extends to maritime claims, including personal-injury claims, absent evidence of exclusion. Townsend deemed Miles inapplicable when the general maritime cause of action and the remedy were well established prior to adoption of the Jones Act, as Batterton argues was true of unseaworthiness and punitive damages. Dutra responds that the unseaworthiness remedy was transformed beginning in the 1940s and that no established history of punitive damages in unseaworthiness actions predated the Jones Act.

Batterton maintains that Townsend rejected the argument that Miles precluded punitive damages in general maritime personal-injury actions. Instead, Miles focused simply on the scope of the general maritime law wrongful-death remedy the Supreme Court created in 1970 in Moragne v. States Marine Lines Inc. to coincide with federal statutory wrongful-death remedies. Because congressional action had shaped the creation of the general maritime law remedy, the court naturally tailored it to reflect those statutory wrongful-death actions. Batterton would confine Miles to the wrongful-death context. Dutra argues that permitting punitive damages in a seaman’s personal-injury, but not wrongful-death, action would be nonsensical and would contravene a purpose of Moragne: to harmonize recovery for injury and wrongful death.

Although Batterton argues that punitive damages are recoverable in an unseaworthiness injury action even if they are not available under the Jones Act, he also challenges Dutra’s premise that the Jones Act precludes awarding punitive damages. On the contrary, he maintains, the FELA and Jones Act allow the recovery of “damages,” which includes punitive relief. Batterton devotes 10 pages of his 50-page brief to arguing that punitive damages are permitted under the Jones Act and the FELA. Dutra replies that courts have never suggested that punitive damages were available under those two statutory remedies since Congress created them a century ago.

Batterton argues that punitive damages advance significant maritime policies, especially regarding personal-injury and wrongful-death claims of seamen. Dutra cautions that making punitive damages available in unseaworthiness actions would prompt potential defendants to overdeter harm by taking wasteful precautions or foregoing valuable commerce and would harm the economy, the environment and national security.

Although all nine of the current justices joined the court after Justice Sandra Day O’Connor wrote the decision in Miles, five of them participated in Townsend. Justice Clarence Thomas wrote the majority opinion, which Justices John Paul Stevens, David Souter, Ruth Bader Ginsburg and Stephen Breyer joined. Justice Samuel Alito’s dissent was joined by Chief Justice John Roberts and Justices Antonin Scalia and Anthony Kennedy.

The parties’ briefs suggest various possible outcomes. The course the court takes is likely to depend on how it construes its two most applicable precedents, how it understands the history of maritime personal-injury and wrongful-death remedies, and how it sees its role in maritime matters.

***

Past cases linked to in this post:

Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009)
Miles v. Apex Marine Corp., 498 U.S. 19 (1990)
Moragne v. States Marine Lines, 398 U.S. 375 (1970)

The post Argument preview: Justices consider availability of punitive damages in maritime unseaworthiness case appeared first on SCOTUSblog.

Medicare Liens Attached to a Workers’ Compensation Claim

Medicare Liens and Workers Comp Claims

The next lien type I will be discussing in this set of sites will be Medicare. Medicare is a benefit under federal law which, generally, is provided to individuals reaching 65 years old or when that person is determined to be eligible for Social Security Disability benefits.

Social Security Disability recipients are eligible for Medicare in the majority of instances following a two-year waiting interval. Medicare has the right under national law to recover some money they pay for medical treatment that they believe is something which should have been paid with a workers’ compensation insurance carrier.

When Medicare is concerned it is completely necessary at the very start of a claim which the worker tell her or his attorney they are Medicare eligible. Most attorneys now ask that issue at the beginning, however if they do not it is totally essential for the employee to tell the lawyer so that steps can be taken.

The first step the lawyer will take would be to notify Medicare throughout the Centers for Medicare and Medicaid Services, otherwise called CMS. Upon notice from a lawyer CMS will start a file and supply the attorney with advice as to any obligations claimed to be produced by Medicare for injuries covered by Workers’ Compensation. The obligations Medicare wants to recover are called conditional obligations.

With the participation of Medicare, liens can arise without the worker’s knowledge and with no worker specifically requesting therapy from Medicare. As an example, even a employee who is covered by therapy by means of a workers’ compensation carrier may see their family physician for unrelated problems. The employee might mention the simple fact they have compensation claim, and in several situations the doctor notes injury and someone in that doctor’s clerical personnel will record it as a code and submit an application to Medicare together with the non-work related troubles. Bingo, Medicare has a lien.

Accordingly, when an injured worker has been treated for non-work relevant conditions through their family physician or other physicians for an unrelated non-work condition it is absolutely crucial that no mention be made of the job accident in such a manner that might get the doctor to remember that in his or her chart.

Apparently, it is absolutely necessary that Medicare liens be determined and honored. Sometimes it is possible to reduce or eliminate them completely. Nevertheless, in no circumstance should they be disregarded.

Medicare, like ERISA from the very first blog in this show , is covered by federal legislation and they can have national enforcement of such a lien. Other items Medicare can perform would be to stop gains until the repayment was reached. That is something nobody would like to happen. Accordingly, it is absolutely crucial that if cure, for that reason, be compensated by Medicare the necessary steps are required to manage that situation.

One unfortunate characteristic of dealing with Medicare liens is the fact that a last quantity of conditional payments sought to be recovered isn’t given until later a workers’ compensation situation evolves. This absolutely does not make sense, and everybody understands that, however under Medicare guidelines, when a workers’ compensation situation is going to settle the attorney will contact Medicare for an overview of up-to-date amounts paid.

Unfortunately, Medicare won’t offer a complete”final-final” amount when they have been served with a copy of the purchase shutting the workers’ compensation case. Employees should be aware that even when money is taken from a settlement to be reimbursed to Medicare there’s still an opportunity, even though slim, which Medicare may come back with a bigger number.

That is the reason why a lot of orders have a provision that although they are shut the court retains jurisdiction should Medicare problems arise.

Source: https://www.personalinjurylawjournal.com/workers-compensation/medicare-liens-workers-compensation-claim/

FELA: Durable and still going strong

Opinion analysis: Court restricts lawsuits against out-of-state railroads

http://www.scotusblog.com/2017/05/opinion-analysis-court-restricts-lawsuits-state-railroads/FELA does not itself create a special rule authorizing jurisdiction over railroads just because they happen to do business in a particular place, the court emphasized.

Second, the court continued, a Montana rule that allows courts in the state to …

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Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job

http://cookcountyrecord.com/stories/511200617-appeals-court-ex-rail-worker-can-keep-21m-judgment-for-foot-severely-injured-in-accident-on-jobA state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.

The panel said Norfolk Southern failed to cite federal precedent to support its claim a disability award was improper for a FELA …

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Supreme Court: General Personal Jurisdiction Test Applies to All Actions

In BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (U.S. 2017) (No. 16-405), plaintiff employees sued the defendant railroad under the Federal Employers’ Liability Act (FELA) in Montana state court.

The defendant was neither headquartered nor incorporated …

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Amtrak building manager says company violated FELA through two injuries he suffered since 2014

http://pennrecord.com/stories/511167936-amtrak-building-manager-says-company-violated-fela-through-two-injuries-he-suffered-since-2014An Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.

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FELA: Durable and still going strong

Railroads abhor it; labor leaders adore it.

The most senior and conservative Republican in the U.S. Senate is its staunchest supporter.

Say hello to the 109-year-old Federal Employers’ Liability Act (FELA), which has nothing to do with federal workers …

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Lawsuit: Amtrak trackman and driver’s shoulder injuries are the result of FELA violation

http://pennrecord.com/stories/511221824-lawsuit-amtrak-trackman-and-driver-s-shoulder-injuries-are-the-result-of-fela-violationAn Amtrak trackman and truck driver has accused the train transportation company of violating the Federal Employers Liability Act (FELA) by not making for a safe workplace, which he says led to his serious shoulder injuries.

Adam R …

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Former Amtrak electrician says company at fault for career-ending hand injuries

http://pennrecord.com/stories/511217972-former-amtrak-electrician-says-company-at-fault-for-career-ending-hand-injuriesAn Amtrak electrician has alleged the train transportation company violated the Federal Employers Liability Act (FELA) by not providing a safe workplace, and causing an electricity accident that left him with severe, career-ending …

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Former railroad conductor and brakeman alleges his kidney cancer was caused by toxic substance exposure

A former train conductor and brakeman of 36 years claims a trio of rail companies violated the Federal Employers Liability Act (FELA) by neglecting to provide him a safe workplace, and allegedly causing him to contract kidney cancer …

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Union Pacific prevails at Supreme Court in St. Clair County FELA case

http://madisonrecord.com/stories/511083905-union-pacific-prevails-at-supreme-court-in-st-clair-county-fela-caseUnion Pacific Railroad, which won a jury verdict in an employee’s injury trial but lost it at the Fifth District appellate court, regained its victory at the Illinois Supreme Court on Feb. 17.

The Justices ruled that Union Pacific …

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CSX Escapes $2M Verdict As Fla. High Court Drops Case

The duty at issue in the instant case is well-established, Manko said: “Under FELA, railroads owe a duty to exercise reasonable care to both provide a safe workplace and, as part and parcel of that duty, they have a duty to exercise reasonable care to …

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Up to 18% of injured workers not returning to work after one year

Up to 18% of injured workers not returning to work after one year

http://www.businessinsurance.com/article/20170621/NEWS08/912314039/Up-to-18-percent-of-injured-workers-not-returning-to-work-after-one-year-WCRIBetween 11% and 18% of injured workers in 15 states do not return to work within a year of their accident, a range that is in line with previous studies, according to reports released Tuesday by the Workers Compensation Research Institute.

The …

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Paterson council rejects $34,000 injury payment for retired police chief

http://www.northjersey.com/story/news/paterson-press/2017/06/21/paterson-council-rejects-34-000-injury-payment-retired-police-chief/415875001/PATERSON, NJ
In a split vote, the City Council on Tuesday night rejected a $34,857 workers-compensation payment for retired police Chief James Wittig, who claimed he hurt himself falling on the stairs at headquarters in 2011.

Wittig also had claimed he …

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Immigrant benefit ban removed from Ohio workers’ comp budget

http://www.dispatch.com/news/20170620/immigrant-benefit-ban-removed-from-ohio-workers-comp-budgetThe Senate rejected on Tuesday a controversial provision that would have denied workers’ compensation benefits to undocumented workers who are injured on the job.

House Republicans added the amendment last month to the Bureau of Workers’ …

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Milesburg business owner faces more than 800 felony charges

http://www.centredaily.com/news/local/crime/article157295839.htmlMore than 800 felony charges??? This guy is S-C-R-E-W-E-D!!!

Robinson allegedly did not have workers’ compensation insurance coverage and was not exempted as a self-insurer.

An ex-employee’s injury on March 27, 2013, led to the charges, according to the affidavit.

Court documents do not specify how the former …

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Two Very Important Steps When Managing A Catastrophic Injury Claim

https://www.workerscompensation.com/news_read.php?id=26500&type=7Catastrophic injuries make up only a small fraction of the total number of workers’ compensation claims but account for a significant portion of the dollars spent on medical care and treatment of employees.

The proper management of these high dollar …

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Records Detail Workers’ Comp History Of Trooper Charged With Assault

http://www.courant.com/news/connecticut/hc-state-trooper-arrested-workers-comp-20170616-story.htmlThe state police trooper arrested after a bar fight last weekend in Groton has been on either workers’ compensation or leave from work 11 times since 2004, state records show.

Jeffrey Meninno was charged with second-degree assault after sources said he …

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Workers Comp Developments Around The Country

State Supreme Court says work-release inmates can’t get workers’ comp

http://wvrecord.com/stories/511128239-state-supreme-court-says-work-release-inmates-can-t-get-workers-compCHARLESTON
The West Virginia Supreme Court of Appeals issued a decision, ruling that work-release inmates do not qualify for worker’s compensation.

The lawsuit involved a work-release inmate who injured his hand in a wood chipper.

The opinion was …

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Bull rider claims workers compensation after severe injury at rodeo

http://www.smh.com.au/business/workplace-relations/bull-rider-claims-workers-compensation-after-severe-injury-at-rodeo-20170612-gwpdis.htmlFrom the age of nine, when his dad first plonked him on the back of a small calf, Mitchell Gajkowski loved rodeo life.

His dreams of a career as a bull rider …

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Injured Workers’ Benefit Fund

http://blogs.lawyers.com/attorney/workers-compensation/injured-workers-benefit-fund-41129/Illinois state law requires employers to carry workers’ compensation insurance in order to protect any employee who suffers an injury on the job.

But what happens if your employer doesn’t carry the required insurance?

If my employer doesn’t have work …

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Church Volunteer Allegedly Injured During Communion Was Limited to Workers’ Comp Benefits

https://www.newyorklawjournal.com/home/id=1202789834713/Church-Volunteer-Allegedly-Injured-During-Communion-Was-Limited-to-Workers-Comp-Benefits?mcode=1202617075062&curindex=0A parishioner and volunteer Eucharistic Minister at a Roman Catholic church allegedly injured as she went to distribute Communion was limited to recovering workers’ compensation benefits, and could not sue for negligence, an appellate court in New York …

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Workers’ Comp: Represent Yourself, or Hire a Lawyer?

http://www.legalscoops.com/workers-comp-represent-hire-lawyer/Employers can deny claims, and when this happens, over 70% of workers accept the denial.

An attorney will work to get your claim accepted and ensure you’re not in the majority of injured workers that accept a claim denial that should have been approved.

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State Trooper on Workers’ Comp Arrested After Bar Fight

http://www.workcompcentral.com/news/article/id/67b43d475dd7a55cf627f11b1ffe1d4c3ff24c48State comptroller records show that Meninno has been receiving workers’ compensation benefits since Sept. 16, the Courant reports.

The records do not indicate the nature of his injury. State police say Meninno’s police powers have been suspended, and …

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Maritime Accidents Around The Globe

Chemical tanker Aquarius sank after explosion in Singapore Strait

http://www.maritimeherald.com/2017/chemical-tanker-aquarius-sank-explosion-singapore-strait/Following the accident six crew went missing.

The exact details around the accident are unknown, as the shipowner and agent lost connection with the Indonesia tanker, loaded with fuel.

The accident was immediately reported to Malaysian Maritime …

Full details here

Qatari Ship Accident Report Published

The UK’s statutory Marine Accident Investigation Branch June 15 published its final report on the serious injury to a deck officer aboard the Qatari LNG tanker Zarga on March 2, 2015 while mooring at Milford Haven. It found that Steelite Superline Xtra …

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Argonaut Exercise in Cyprus deals with scenario of severe maritime accident at open sea

Search and Rescue Operations Exercise Argonaut 2017 continued on Thursday and the scenario provided for a severe maritime accident at open sea on a passenger ship.

Search and Rescue Operations (SAR) as well as medical evacuation operations were carried out …

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German Computer Aided Marine Contingency Planning System Developed with Tatuk GIS SDK

This project, known as Contingency Planning for Marine Pollution Control (VPS – VorsorgePlan … with respect to sustainable disaster control and hazardous materials accident prevention in German seashore areas.

VPS.system has been in use since the …

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Larger ships than expected traversing new Panama Canal

http://www.joc.com/maritime-news/trade-lanes/impact-new-panama-canal-locks-exceeds-expectations_20170615.htmlThe unfamiliar procedure resulted in one accident last July when the Chinese container ship Xin Fei Zhou struck a wall of the Agua Clara locks on the Atlantic side of the canal, tearing a long gash in the ship hull above the waterline.

The 8,500-TEU …

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Bulk carrier MAMRY crew death, cause unknown

http://maritimebulletin.net/2017/06/15/bulk-carrier-mamry-crew-death-cause-unknown/Bulk carrier MAMRY in the afternoon June 14 reported to Greek authorities death on board, 60-year old crew died, understood in an accident.

Vessel was under way entering Aegean sea from Med, en route from Haifa Israel to Yali (Turkish or Greek, unclear …

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China and Japan Holding Maritime Talks to Prevent Maritime Clashes

http://thediplomat.com/2017/06/china-and-japan-holding-maritime-talks-to-prevent-maritime-clashes/Japan wants a “hotline” but China unlikely to moderate its behavior.

Chinese and Japanese officials are expected to meet for high-level talks on maritime issues in July like establishing a “hotline” to diffuse potential unintended clashes.

The new talks are a positive development between countries that regularly face off in the East China Sea, and as Japan increasingly expands its operations in the South China Sea.

However, the history of similar maritime dialogues between China and the United States should caution against expectations that they will lead to meaningful diplomatic breakthroughs, or even a moderation of risky Chinese military behavior.

China disputes Japan’s administration over the Senkaku islands in the South China Sea, which it calls the Diaoyus.

Since the Japanese government took over the Senkakus from private Japanese owners in 2012, China has regularly challenged Japan’s administration over them by sending hundreds of fishing and coast guard vessels to make incursions in the waters around the islands.

Full story on TheDiplomat.com

Chemical tanker Chemroad Journey breached and aground off Phu Quy island in Vietnam

http://www.maritimeherald.com/2017/chemical-tanker-chemroad-journey-ran-aground-off-phu-quy-island-vietnam/During the accident there were no reported injuries and no water pollution.

The weather in vicinity is bad, which additionally worsen the situation with the troubled chemical tanker.

The impact of the typhoon combined with Southwest monsoon activity at …

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Lake Michigan to get its first maritime highway

http://www.nwitimes.com/business/local/lake-michigan-to-get-its-first-maritime-highway/article_3c760dd7-ccd9-5ab6-ab90-ddcde42ae784.html

A new shipping route potentially could eliminate a million semi-trailer trucks a year from Northwest Indiana highways.

Supply Chain Solutions announced at the Rail Supply Chain Summit 2017 in the Union League Club in downtown Chicago it was launching a new cross-lake shipping route after being awarded the first marine highway designation on Lake Michigan.

The Maritime Administration will encourage freight to pass between the Port of Milwaukee and the Port of Muskegon in Michigan, which the Rail Supply Chain Summit Founder Mary Elisabeth Pitz said has the potential to greatly reduce the amount of truck traffic on the Borman Expressway passing through Northwest Indiana while en route from Michigan to Wisconsin, or vice versa.

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Australian man missing near Port Moresby after boat accident off Papua New Guinea coast

http://www.abc.net.au/news/2017-06-12/australian-man-missing-off-port-moresby-coast/8610386“The MRCC (Maritime Rescue Coordination Centre) in PNG have worked closely with AMSA (Australian Maritime Safety Authority), Australian High Commission and Australian Defence Force, the Royal Papua Yacht Club, private members and villagers in …

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Petrobras Reports Explosion on Drillship in Campos Basin – The Maritime Executive

http://maritime-executive.com/article/petrobras-reports-explosion-on-drillship-in-campos-basinThe oil firm will investigate the cause of the accident. The Norbe VIII, or NS 32, is operated by a division of Odebrecht.

She was built by DSME and is capable of drilling in water to 10,000 feet, with drilling depths to 40,000 feet.

She has previously …

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Bulk carrier St Gregory ran aground on Kokkala beach in Greece

http://www.maritimeherald.com/2017/bulk-carrier-st-gregory-ran-aground-kokkala-beach-greece/The local authorities were informed about the accident and closely monitor the situation, as Greek Coastguard sent two patrol boats to the scene.

It was estimated that vessel suffered breaches during the grounding and there is water ingress bulkhead.

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Isles of Scilly lifeboat man seriously hurt during rescue

http://www.bbc.com/news/uk-england-cornwall-40170199The coastguard and emergency services were involved in his initial treatment, before the injured man was airlifted to hospital.

The Marine Accident Investigation Branch said it was aware of …

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Swedish Club Publishes “Anatomy of an Accident”

http://www.maritime-executive.com/article/swedish-club-publishes-anatomy-of-an-accidentDeveloped out of The Swedish Club’s Emergency Response Training program, Anatomy of an Accident focuses on a realistic incident scenario run by the Club with participants from important maritime services and support sectors.

This approach has been …

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Construction Site Accidents Seem To Be On The Rise Again

Come on kids, do I really need to repeat myself? If you’re in, on or around a construction site or zone, slow down, pay extra-close attention to your speed, lane position and surroundings and just assume the constructions workers CAN’T see you.

Waterloo woman killed in construction accident

http://wcfcourier.com/news/local/waterloo-woman-killed-in-construction-accident/article_94418324-47ae-5722-812d-27e310093a10.htmlCHARITON, IOWA
A Waterloo woman working in a construction site in southern Iowa has died after being struck by a vehicle.

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Man killed in South Rd industrial accident involving crane

http://www.adelaidenow.com.au/news/law-order/man-serious-hurtly-in-south-rd-industrial-accident/news-story/7a0cfa4a117436241ba47573608fc1edCONCERNS have been raised over the safety of construction workers at night after a man was killed when he was caught under a crane in an industrial accident …

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State trooper witnesses fatal motorcycle crash

http://wane.com/2017/06/14/state-trooper-witnesses-fatal-motorcycle-crash/According to a news release from Indiana State Police, the trooper was driving south on State Road 15 behind two vehicles that were slowing down for traffic in a construction zone just after 4:00 p.m. when a car turned into a driveway directly in front …

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Driver indicted in fatal I-10 crash that killed Arizona woman

http://www.lcsun-news.com/story/news/crime/2017/06/13/driver-indicted-fatal-10-crash-killed-arizona-woman/393313001/According to New Mexico State Police, the crash had occurred in a congested construction zone near mile marker 148 on I-10.

The initial investigation revealed that a commercial motor vehicle had rear-ended a passenger vehicle — which then ran into the …

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Construction worker struck by car on Maine Turnpike in Gray

http://www.pressherald.com/2017/06/13/person-struck-on-i-95-in-gray/A 58-year-old construction worker for Pike Industries suffered serious injuries Tuesday morning when he was struck by a passing motorist on the Maine Turnpike in Gray who drifted into the breakdown lane.

Danny Lowe of Yarmouth was standing near the cab …

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Police ID victim of fatal I-81 construction zone accident

http://www.pennlive.com/news/2017/06/police_id_victim_of_fatal_i-81.htmlState police on Saturday said Micheal J. Friendly of Hazleton is the line painting crew member who died after being struck by an SUV while working on Interstate 81 on Friday night.

According to the Pennsylvania Department of Transportation, Friendly …

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Safety measures added as investigation into Amarillo I-40 deaths continues

http://amarillo.com/news/local-news/2017-06-12/safety-measures-added-investigation-amarillo-i-40-deaths-continuesThe deaths and injuries happened just after 9 a.m. Saturday when a trailer being towed on eastbound I-40 came loose from the back of a pickup, causing the trailer to veer into the lanes under construction before crashing into a road paving machine and …

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APD Releases Names of Victims in Fatal Morning Accident on I-40

http://www.myhighplains.com/news/3-people-confirmed-dead-and-2-injured-after-morning-accident-on-i-40/7373812413 People Dead in Morning Accident on I-40.

The trailer continued off the road and turned up on one side, causing the sand load to hit a construction crew pickup that was …

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Construction zone crash near Union Gap leaves one injured

http://www.yakimaherald.com/news/local/construction-zone-crash-near-union-gap-leaves-one-injured/article_21f44e66-4d3b-11e7-a36d-132812c57750.htmlUNION GAP, Washington
State troopers say a man was injured after his car was rear-ended by a semitrailer near Union Gap.

Daniel Cavnar, 43, of Selah was heading east in a Nissan Versa on Interstate 82 around 8:20 a.m. when he slowed for road …

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Howell man rescued after a construction site accident

http://www.abc12.com/content/news/Howell-man-rescued-after-a-construction-site-accident-426902651.htmlWARREN, MICHIGAN
A construction accident in the Detroit-area lands a Livingston County man in the hospital after an hour long rescue.

As of late Tuesday, it is unclear what the extent of his …

Full ABC12 report

‘It’s a shame.’ Man arrested for hitting two construction workers on I-5

http://katu.com/news/local/man-arrested-after-police-say-he-hit-two-construction-workers-on-i-5His family have kept a memorial inside their home since the accident.

They are not ready to speak to the media, but their family will be forever changed by a work zone crash.

Bill Griffin was one of the workers injured in that Happy Valley crash. His …

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1 dead after construction accident in Mat-Su

http://www.ktva.com/1-dead-construction-accident-mat-su-248/Troopers say they responded to a home off of Wasilla-Fishhook Road just after 9:30 Friday morning.

They found 42-year-old Vyacheslav Palko unresponsive.

The investigation revealed he had died from injuries sustained during a construction accident.

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3 injured in northwest Miami-Dade construction accident

http://www.local10.com/news/3-injured-in-northwest-miami-dade-construction-accidentMIAMI-DADE COUNTY, Florida
Three workers were injured Thursday morning in a construction accident in northwest Miami-Dade County, Miami-Dade Fire Rescue Lt. Felipe Lay said.

Sky 10 was above the scene as the workers were laid out on stretchers at a …

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Oakland construction accident: 9 workers hurt in collapse

http://www.sfgate.com/bayarea/article/Construction-accident-reported-in-Oakland-11176157.phpNine workers were injured Friday when a building partially collapsed at an Oakland construction site accident near downtown, forcing a desperate and successful effort to free many of them from wet concrete.

No workers were seriously injured in the collapse …

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Durant construction worker hospitalized after job site accident

http://www.kxii.com/content/news/Durant-construction-worker-hospitalized-after-job-site-accident-424618584.htmlAccording to the Durant Fire Department, the call came in before 8:30 a.m. when a piece of equipment at CMC Metals fell on a construction worker.

The worker suffered a cut on his leg and was transported to the hospital with non-life threatening injuries.

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‘Please slow down’ injured construction worker pleads after crash kills co-worker

http://www.kgw.com/news/local/please-slow-down-construction-worker-pleads-after-fatal-happy-valley-crash/442801161HAPPY VALLEY, Oregon
A construction worker who was hit by a suspected drunk driver Tuesday afternoon in Happy Valley has a message for all drivers.

“I do want to say please slow down, pay attention,” said Preston Stucky.

“Just please be careful.

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Arizona work injuries

Bud Light truck rolls over, spills beer on Arizona highway

http://nebraska.tv/news/offbeat/bud-light-truck-rolls-over-spills-beer-on-arizona-highwayThe driver, who was treated for non-life threatening injuries, lost control of the vehicle preceding the crash, the Arizona Department of Public Safety said.

Workers searched the canal several times but found no sign of the driver.

There was no …

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What to know as Arizona’s mandatory paid sick-leave law takes effect

http://www.azcentral.com/story/money/business/jobs/2017/05/25/arizona-mandatory-paid-sick-leave-law-takes-effect-what-know/333955001/The law allows paid leave for various reasons besides an actual sickness or injury.

Workers also may use sick leave for other problems, including those tied to domestic violence, sexual abuse, stalking or the closing of a child’s school owing to a …

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Feds Warn Arizona Commission that Lowering Workplace Injury Fines is Risky

http://www.insurancejournal.com/news/west/2017/05/19/451638.htmFederal officials warned a commission overseeing Arizona’s workplace safety agency that its practice of lowering fines on companies for worker injuries and deaths violates the state’s laws and could jeopardize its ability to run its own safety program …

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Arizona warned over improperly slashing workplace safety penalties

http://tucson.com/news/local/arizona-warned-over-improperly-slashing-workplace-safety-penalties/article_2e4472d5-d216-52e3-b8d7-6892f06a3603.htmlAn investigation by federal OSHA officials has found the Industrial Commission of Arizona’s practice of arbitrarily reducing employers’ penalties for safety violations is undermining the deterrent power of those penalties and is not permitted under …

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Three Phoenix daycare workers arrested after child abuse

http://www.abc15.com/news/region-phoenix-metro/south-phoenix/phoenix-daycare-worker-arrested-for-child-abusePolice then arrested Perla Denise Sierra Duarte, 26, and Ruben Sandoval, 51, after both are accused of hindering prosecution and failing to accurately report the injury to police.

Sierra Duarte is the director of the preschool, and Sandoval is the owner.

More info

 

Massive workers comp scams are still as popular as ever

Beverly Hills couple targeted as leaders of massive workers’ comp scam

http://www.scpr.org/news/2017/04/20/70980/beverly-hills-couple-targeted-as-leaders-of-massiv/The Orange County District Attorney has filed charges against 26 doctors, pharmacists and business owners in a crackdown on an alleged $40 million workers’ compensation fraud that involved overbilling for unnecessary compound creams and urine tests.

Original article

New Canaan Custodian Committed Worker’s Comp Fraud

https://patch.com/connecticut/newcanaan/new-canaan-custodian-committed-workers-comp-fraud-officialsCourtney Wills, 37, of Bridgeport collected more than $21,000 in worker’s compensation benefits after he suffered an injury in April 2016.

Wills is a custodian at New Canaan High School.

He was later observed installing carpets and said under oath he …

Original article

Modesto doctors accused in major fraud case plead not guilty; patients react

http://www.modbee.com/news/article146119414.htmlShe was once a workers compensation patient of Dr. William Pistel at Stanislaus Orthopaedic.

“Whatever they were doing was doing me no good, but workers comp was getting billed,” Ozimek said.

The six local doctors charged in a $40 million fraudulent …

Original article

Massive workers comp fraud ring uncovered in California

http://www.businessinsurance.com/article/20170421/NEWS08/912313031/40-million-workers-comp-fraud-ring-uncovered-in-CaliforniaMore than two dozen doctors, pharmacists and business owners in California are facing insurance fraud charges in an alleged $40 million fraudulent workers compensation medical billing and kickback operation uncovered by federal, state, and local …

Original article

Appeals Court Affirms Texas Physician’s Workers’ Comp Fraud Conviction

Douglas was convicted and sentenced to five years’ imprisonment for overbilling Texas Mutual for medical evaluations performed on injured workers.

Before the 2014 conviction, Texas Mutual had investigated Douglas and Western Medical Evaluators, …

Original article

Modesto doctors mum on allegations of large fraud, kickback scheme

http://www.modbee.com/news/local/crime/article145758059.htmlThe news release claims the Kings purchased the creams from Steven’s Pharmacy for $15 to $40 per tube, but workers compensation insurance carriers were billed $250 to $700 for each tube.

The Kings also are accused of a scam involving the purchase …

Original article

Golfing leads to workers comp fraud conviction

http://www.businessinsurance.com/article/20170417/NEWS08/912312938/Golfing-leads-to-Montana-workers-compensation-fraud-conviction-David-HowkeA Montana man who was videotaped lifting furniture and playing golf while collecting workers compensation benefits pleaded guilty to a charge of criminal theft and will have to pay back nearly $27,500, according to a statement issued Thursday by …

Original article

Former Amsterdam employee admits to workers’ compensation scam

http://wnyt.com/news/william-forte-former-amsterdam-montgomery-county-employee-admits-to-workers-compensation-scam/4452898/A former city of Amsterdam employee has pleaded guilty to scamming the workers’ compensation system.

The state inspector general says 51-year-old William Forte was working for the city when he claimed he wasn’t working at all.

He’s also seen using an …

Original article

Auburn man gets jail time for using a fake name in $114K workers’ comp scam

Thurston County Superior Court Judge Chris Lanese on April 5 sentenced Pablo Francisco Castillo Murguia, 40, for felony first-degree theft and ordered him to repay $114,752 for cash benefits and medical and vocational services he wrongfully received …

Original article

Owners of California Hotel Cleaning Firm Plead Guilty to Workers’ Comp Fraud

http://www.insurancejournal.com/news/west/2017/04/11/447519.htmThey were accused of concealing the existence of 800 employees over nearly a decade to avoid paying millions in payroll taxes and workers’ compensation insurance.

Steven Kwon pleaded guilty to felony charges related to fraud and employment tax …

Original article

 

UPDATE: Crane Collapse Accident Lawsuits in the News

Crane driver kept his cool in the heat of burning cabin in the sky

https://www.drive.com.au/nsw/crane-driver-kept-his-cool-in-the-heat-of-burning-cabin-in-the-sky-2aedd.htmlCrane Industry Council of Australia board member and crane specialist Ray Brenton, who is in Sydney to speak to those involved in the crane fire and collapse at the University of Technology site on Broadway on Tuesday morning, said the operator, Glen, …

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Tabung Haji: No news on compensation payment for crane collapse victims

http://www.themalaymailonline.com/malaysia/article/tabung-haji-no-news-on-compensation-payment-for-crane-collapse-victims The Pilgrims’ Fund Board (Tabung Haji-TH) has not received any news pertaining to compensation payment for victims who were killed or injured in the crane collapse incident in …

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‘Crane King’ who hasn’t paid accident victims’ families worth $200M

https://nypost.com/2017/03/21/crane-king-who-hasnt-paid-accident-victims-families-worth-200m-lawyers/Bankrupt construction magnate James Lomma — who has yet to pay any of the $96 million jury verdict awarded to the families of two men killed when one of his tower cranes collapsed in 2008 — is actually worth $200 million, lawyers for the victims …

Read the full NY Post report

Raleigh fire: Apartments burn, crane collapses, cars explode

https://www.mercurynews.com/2017/03/17/huge-fire-engulfs-apartment-building-under-construction/Pedro Tapiak told the News and Observer of Raleigh that spreading flames caused a construction crane at the complex to collapse.

Residents of nearby apartments were jolted awake by noise and light from the flames.

“It’s incredible the amount of …

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Crane Collapse Adds to Offshore Safety Debate

https://www.maritime-executive.com/article/crane-collapse-fuels-norways-offshore-safety-debateNorwegian safety authorities are investigating the collapse of a crane on the drill floor of the North Sea offshore platform Gullfaks B.

On Tuesday, the platform’s “Eagle Arm” pipe-handling crane broke loose and fell a distance of about 30 feet with a …

Read the Maritime Executive’s article

Crane Collapses On I-10 in Gulfport Mississippi

Morning traffic stopped suddenly on Interstate 10 in Gulfport, Mississippi Wednesday morning after a large crane collapsed on the interstate.

The crane was in place for maintenance on the Biloxi River Bridge, so drivers could not veer off …

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Crane collapses, damages MSU building in downtown Springfield

http://www.news-leader.com/story/news/local/ozarks/2017/01/26/missouri-state-university-building-downtown-springfield-damaged-during-construction-accident/97089256/A construction crane collapsed Thursday, damaging a Missouri State building downtown.

An official with the university said the crane was being used to repair the roof at the Jim D. Morris Center, at the corner of Jefferson Avenue and McDaniel Street.

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Tappan Zee Bridge crane collapse: Builder fined $12K

http://www.lohud.com/story/news/local/tappan-zee-bridge/2017/01/20/tappan-zee-bridge-crane-collapse-fines/96827412/The federal government is fining the Tappan Zee Constructors more than $12,000 for last July’s crane collapse.

The Occupational Safety and Health Administration issued a serious violation Wednesday, accusing the constructors — the consortium of …

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