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Legal News

Workers’ Compensation

• California Legislature Aims To Prevent Workers' Comp Discrimination
  Jul 08, 2009

  The bill by the California Legislature "aims to prevent discrimination in awarding claims because an employee's injury or death is related to the employee's race, religious creed, color, national origin, age, gender, marital status, sex, sexual orientation, or genetic predisposition characteristics" and "would also state the intent of the Legislature to enact legislation that would apply employment discrimination protections to workers' compensation law in order to prohibit the wrongful reduction or denial of workers' compensation benefits."
  - 41 - 50

• Workers' Comp Benefits to Increase in California
  Jun 24, 2009

  Starting in January, benefits will rise for some types of workers’ compensation recipients, the California Workers’ Compensation Institute says.

  That’s because the state’s average weekly wage increased nearly 3 percent to $984.83 from $956.20 for the 12 months ending March 31 of this year, and workers’ comp benefits are tied to the weekly wage, which is the average weekly wage paid to employees covered by unemployment insurance.

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• Shooting victim sues former employer, BJ's Wholesale Club
  Apr 23, 2008

  A woman who was shot and wounded by her estranged husband after he killed her sister has filed a lawsuit against the BJ's Wholesale Club where the crimes happened in April 2006.

  The lawsuit, filed by Karen Phillips in Norfolk Circuit Court in March, seeks $65 million.

  Karen Phillips had been given permission to come in late that day so she could talk to her divorce lawyer and was unaware of her husband's earlier phone calls and visit to the store, said attorney C. Arthur "Brother" Rutter III, who filed the lawsuit on her behalf.

  "Do you know what they did when she showed up?" Rutter said Tuesday. "They didn't even tell her."

  Rutter says in the lawsuit that BJ's "had a duty to warn their employee, and to take precautions to protect her."

  Rutter said Karen Phillips raised her right hand to ward off the shotgun blast. Doctors had to amputate that hand, Rutter said. The blast also hit her face and neck, and the impact caused her to have a stroke that left her paralyzed on her left side.

  The case is scheduled for a hearing in May.

  - 43 - 50

Maritime/Jones Act

• Boy Killed in Coast Guard Crash
  Feb 17, 2010

  A Coast Guard vessel was traveling to fast speed when it struck and killed an 8-year-old boy while he was on his family boat. The lawsuit was filed in federal court in San Diego on behalf of 13 people aboard the 26-foot Sea Ray boat that was hit by the Coast Guard vessel. The people on the boat that got hit are seeking unspecified damages for negligence and wrongful death.
  

  
  The Coast Guard previously promised a full investigation. The National Transportation Safety Board and the San Diego Harbor Police are also investigating the cause of the crash.
  
  Accidents can happen on land and in the water. If you have been injured on the water you need to call a maritime attorney who knows maritime law. Maritime law is different from typical rules and laws on land.

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• Man Awared $3.2 million in Maritime Injury Case
  Sep 03, 2009

  A man was awared $3.2 million due to serious injuries he sustained after he was thrown from another man's inflatable fishing boat in 2003. The mans wife was denied when she filed for additional damages due to her losses.
  
  "Daniel Doyle had gone fishing with Leland Graske and another friend in October 2003 off Grand Cayman Island, where Graske owned a vacation home. After Graske began accelerating, the boat's steering system malfunctioned and forced the boat to turn suddenly. Doyle fell overboard and as the boat continued turning, it struck him. He suffered chest injuries and because of breathing difficulties while hospitalized, he suffered permanent brain damage."
  
  Maritime injuries can cause serious damage to family members and the laws regarding maritime injuries are different than those on land. If you are injured on the water you need to contact a maritime injury attorney. The maritime injury attorneys at Rutter Mills have worked on cases up and down the east coast. - 45 - 50

• Seamen Injured on the Job May Sue for Punitive Damages
  Jun 26, 2009

  A divided Supreme Court held today that a seaman injured on the job can sue to recover punitive damages when the owner of the vessel denies “maintenance and cure” payments.

  Edgar L. Townsend slipped and fell, injuring his shoulder and clavicle while a shipboard worker on Motor Tug in July 2005. According to Townsend, Atlantic Sounding Co., Inc., and Weeks Marine, Inc., the owners of the vessel, told him that they would not provide him with maintenance and cure, which covers medical care, a living allowance and wages for seamen who become ill or are injured while serving aboard a vessel.

  The U.S. District Court for the Middle District of Florida found in favor of Townsend, citing a controlling appeals court decision in Hines v. J.A. LaPorte, Inc., which permits a seaman to recover punitive damages when an employer arbitrarily and willfully refuses to pay maintenance and cure.

  In appealing to the U.S. Court of Appeals for the 11th Circuit, Atlantic Sounding Co.,
  Inc., and Weeks Marine, Inc., point to a later Supreme Court decision, which states that recovery for non- pecuniary loss in the wrongful death of a seaman was not available under general maritime law.

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• Pleasure Power Boat Slammed into Docked Tug Boat
  Apr 13, 2009

  A power boat packed with twelve people slammed into a docked tug boat at about 7 p.m. Sunday on the Intracoastal Waterways in St. Johns County, about 25 miles southeast of Jacksonville, Florida. The crashed killed five occupants of the pleasure boat and seriously injured seven. Investigators are looking into what caused the maritime accident on Florida's east coastline.

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• Virginia Maritime Association Annual Business Meeting
  Nov 03, 2008

  The Virginia Maritime Association will host the Annual Business Meeting December 1, 2008 at Nauticus in Norfolk. The meeting will highlight accomplishments of 2008, new officers and directors, the annual report, and goals for 2009.
  Register online at www.VAMaritime.com. - 48 - 50

• 5 Dead When Fishing Boat Sinks off Alaska
  Oct 30, 2008

  Four members of an Alaska fishing vessel were rescued after the boat sank. Five members of the crew were found dead while two more were missing. According to records the fisherman called the company to alert them of trouble on board the boat. The calls were however not returned immediately. - 49 - 50

• James River Barge Idea Gets Approval
  Jul 08, 2008

  The President of T. Parker Host Inc, David Host, has worked hard to get his James River Barge idea approved. For years no one would help finance this project, which would use a service barge to carry international shipping containers between Hampton Roads and Richmond. Finally with increasing fuel costs and highway traffic the Commonwealth Transportation Board approved a $2.3 million grant for the service barge in June. This program will remove almost 200 trucks a day from I-64 helping to reduce traffic on the interstate. - 50 - 50

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