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Premises Liability

Medical Malpractice, Sex With Patients and Misconduct: What to Know About Your Doctor

Some New York doctors accused of unprofessional conduct in other states are practicing without a blemish on their records, exposing patients to harm. That’s one of the many findings of a USA TODAY Network investigation of more than 250 doctors across the country who surrendered their licenses in one state to protect their reputations and relocate to another state. The probe comes after The Journal News/lohud exposed flaws in state physician records in New York, as well as concerns about regulators showing clemency to doctors to ensure they keep practicing medicine. What follows are tips for patients who want to learn more about their doctors, along...

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Man Decapitated Falling Onto Manhattan Subway tracks While Walking Between Cars

A man fell to the the tracks at a Manhattan subway stop and was struck and killed after trying to walk between the train cars. An unidentified 25-year-old man was hit by a southbound 2 train and pronounced dead at the scene, the New York Daily News reports. The fatal accident happened before 11pm at Chelsea station at 23rd Street and 7th Avenue on Wednesday night. Southbound 1 and 2 trains have been diverted to traveling express due to the disruption from the accident, the New York City Transit Twitter account posted. By Michael Nam [DailyMail]...

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Lawsuit Alleges Saks Guilty of Race, Age Discrimination

Eight former employees at the Saks Fifth Avenue flagship store filed a race and age discrimination lawsuit Tuesday against the high-end store and its corporate parent, alleging they were subjected to a hostile work environment and unfairly fired. The suit, filed in New York, said the men “were each forced to endure a pervasive pattern of discrimination and retaliation … their respective managers deliberately targeted them because of their race and/or age.” Attorney Derek Sells said managers for the four black, two white and two Hispanic men engaged in a range of actions including making it difficult to get customers from store foot traffic,...

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Companies Settle With Paralyzed Oilfield Worker for $44M

An oilfield worker who was rendered quadriplegic after a light fixture improperly attached to an oil derrick fell more than 100 feet onto his head has settled his claims against five companies for a total of $44 million. The multimillion-dollar award is meant to compensate the injured plaintiff, James Burgess, and his wife, Kay Sharon Burgess, who live in rural Texas. The case, which was filed in the Philadelphia Court of Common Pleas, came to a settlement after two days of mediation before retired federal magistrate Judge Diane Welsh. “Mrs. Burgess’s loss of consortium claim was probably the most significant consortium claim...

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Lawsuit Alleges Airlines Overserved Passenger Who Raped Woman on Flight

A woman who said she was sexually assaulted by another passenger onboard an overnight American Airlines flight last year has sued the carrier in federal court. The complaint, filed Wednesday by Colorado resident Aubrey Lane, alleges American failed in its duty to protect her and other passengers by allowing a visibly drunk man to board a June 16, 2017 redeye flight from  Phoenix to New York, and continuing to serve him as many as six alcoholic drinks. The man, whose identity hasn’t been publicly disclosed, was seated next to Lane and harassed her throughout the flight, according to Lane and another passenger...

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Jury Awards $1.85 Million in Lead-Paint Poisoning Case

A Hartford jury has awarded $1.851 million to a painter who suffered severe lead-paint poisoning after working on a house he was told was lead-free. To date, with interest, the award is about $2.2 million. The Nov. 8 jury award in Hartford Superior Court followed a contentious seven-day trial, which included the defendant allegedly giving the middle finger to the plaintiff in court. After deliberating for eight hours, the six-person jury found in favor of 54-year-old Colchester resident Richard Vichas, who, according to his attorney, was emotional on the stand and broke down several times. According to an Oct. 29 amended lawsuit, Vichas...

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NYPD Suspends Body Camera Requirement After 1 Explodes

The New York City Police Department scrambled Monday to find ways to quickly replace thousands of body camera devices it suddenly stopped using after an officer said one caught fire and exploded as he headed out on patrol over the weekend. The department shelved about 3,000 of its newest model Vievu LE-5 units, about one-fifth of its body camera inventory. Officers using other models will continue to wear them, the department said. Deputy Commissioner Jessica Tisch said pulling the LE-5 cameras from use made it unlikely the department would meet its goal of equipping the vast majority of officers with body cameras by the...

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OSHA Reveals Top 10 Violations for 2018

The Occupational Safety and Health Administration (OSHA) announced the preliminary Top 10 most frequently cited workplace safety violations (current as of October 1) for fiscal year 2018. Patrick Kapust, deputy director of OSHA’s Directorate of Enforcement Programs, presented the Top 10 as part of the 2018 NSC Congress & Expo, an annual gathering of safety professionals. While the rankings for OSHA’s Top 10 most cited violations vary little from year to year, violation No. 10 on this year’s list, “Eye and Face Protection” (1926.102), was not on the 2017 list. The Top 10 for Fiscal Year 2018 are: 1. Fall Protection – General...

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Higher Costs Associated With Denied Workers’ Comp Claims

Workers’ compensation claim denial rates increased a little over one percent between 2014 and 2017, according to a white paper published earlier this year by Lockton. The increase is significant because of the increased costs associated with denied claims. The analysis examined denial rates and focused on answering two questions: What’s driving the increase? Is a high denial rate in the best interest of the employer? The top 10 most common reasons for workers’ comp claim denials include: No medical evidence of injury. No injury per statutory definition. Reservation of rights. Pre-existing condition. Idiopathic condition. Intoxication or drug-related violation. Stress non-work related. Failure to report...

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NJ Transit Will Miss Deadline for Installing Positive Train Control

Lifesaving technology aboard New Jersey Transit trains won’t be in place by a Dec. 31 deadline set by Congress, the agency’s executive director told board members. The operator of the nation’s second-biggest commuter railroad, which leads its peers for accidents and federal safety fines, instead will shoot for a two-year extension for the project known as positive train control from the Federal Railroad Administration, according to a memo to the board by Executive Director Kevin Corbett. “We expect to meet the FRA’s statutory requirements by the end of 2018 and receive federal approval to have PTC fully implemented on our rail system by Dec. 31, 2020,”...

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