Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from cjonline.com
WICHITA — A Sedgwick County judge has dismissed a lawsuit accusing a state agency of failing to protect a toddler before she was killed.
Sedgwick County District Judge William Woolley said in his ruling that Kansas law “does not impose on child welfare agencies an independent duty” in the investigation of child abuse. And because there is no duty, or legal obligation, there can be no claim of negligence against the state child-protection agency, the judge wrote.
Woolley’s ruling last week was in response to a lawsuit brought after the death of 18-month-old Jayla Haag, who died in 2012 with injuries that included brain swelling, bleeding around her eyes and teeth that had been forcibly removed. The lawsuit, brought on behalf of the child’s father, claimed DCF was told Jayla was being abused and did nothing to protect her.
The state had sought the dismissal of the lawsuit.
DCF spokeswoman Theresa Freed said in a statement Friday that the agency appreciates the judge’s “careful consideration of this case,” The Wichita Eagle reported (http://bit.ly/UvEhBe).
“Any death of a child is a tragedy, and our hearts go out to those mourning the loss of a child. DCF takes seriously its responsibility to protect children,” Freed said.
Jayla was living with her mother, Alyssa Haag, and her mother’s boyfriend in El Dorado at the time of her death. Alyssa Haag, 24, was sentenced for involuntary manslaughter-reckless and is serving…
Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.latimes.com
Thousands of elementary school teachers have been asked this summer to hold on to their lesson plans as 37 school districts throughout the state seek to show that they are providing students with required exercise.
A lawsuit was filed in October in San Francisco County Superior Court on behalf of plaintiffs Marc Babin, a parent, and Cal200, an organization he heads that advocates for elementary school physical education. Babin’s children, now adults, went to school in the Alameda Unified School District, one of the defending districts, according to his Albany, Calif., attorney, Donald Driscoll.
"School districts have been routinely ignoring the law," Driscoll said. And the Los Angeles Unified School District, the state’s largest, "has been a particular offender. They give lip service to the idea that P.E. is important. That just plain doesn’t work. What that produces is kids who don’t get enough exercise."
L.A. Unified, along with Palm Springs Unified and others, have asked teachers to show that they are meeting state requirements for physical education. The lesson plans typically outline schedules for instruction, activities and classes.
In addition to lunch and recess, schools must offer kindergarten through sixth-grade students 200 minutes of physical education instruction for every 10 days of class, as required in the state Education Code.
Today’s post was shared by Gelman on Workplace Injuries and comes from www.nytimes.com
Healthcare professional face serious and fatal virus infections overseas. The conditions contrated within the course of thier employment may be deemed compensble under the Workers’ Compensation even though they extra-jurisdiction exposures. Today’s post is share from nytimes.com
Eight youths, some armed with slingshots and machetes, stood warily alongside a rutted dirt road at an opening in the high reeds, the path to the village of Kolo Bengou. The deadly Ebola virus is believed to have infected several people in the village, and the youths were blocking the path to prevent health workers from entering.
“We don’t want any visitors,” said their leader, Faya Iroundouno, 17, president of Kolo Bengou’s youth league. “We don’t want any contact with anyone.” The others nodded in agreement and fiddled with their slingshots.
Singling out the international aid group Doctors Without Borders, Mr. Iroundouno continued, “Wherever those people have passed, the communities have been hit by illness.”
Health workers here say they are now battling two enemies: the unprecedented Ebola epidemic, which has killed more than 660 people in four countries since it was first detected in March, and fear, which has produced growing hostility toward outside help. On Friday alone, health authorities in Guinea confirmed 14 new cases of the disease.
Workers and officials, blamed by panicked populations for spreading the virus, have been…
Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.nj.com
Michael S. Drebes
MILLVILLE — A former high school student filed a lawsuit against the Millville Board of Education earlier this month for not properly supervising a teacher who conducted an inappropriate and illegal sexual relationship with her, according to the lawsuit.
In addition, the lawsuit, which was filed on July 3 with Cumberland County Superior Court, names former principal Albert B. Johnson and student assistance counsel Steven Megonigal as defendants.
She requests $450,000 in damages for "various and diverse physical and mental injuries," including anxiety and medical expenses in excess of $3,600, the lawsuit states.
Jones was 14 at the time and a ninth-grade student at Millville Memorial High School when Drebes began pursing a sexual relationship with her, according to the lawsuit.
The relationship lasted from February 2009 until shortly before his arrest in June 2009.
The Millville Board of Education, Johnson and Megonigal are named as defendants, according to the lawsuit, for negligence in hiring Drebes, failure to investigate the relationship, failure to supervise Drebes and failure to enforce written policies on electronic communication between teachers and students.
Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.nydailynews.com
BIRMINGHAM, Ala. — An Alabama man who went into surgery for what was supposed to be a routine circumcision filed a lawsuit contending doctors mistakenly amputated his penis, but a hospital said Thursday the claims were without merit.
The lawsuit, filed in state court on Tuesday, says Johnny Lee Banks Jr. went to Princeton Baptist Medical Center last month for a circumcision that went horribly wrong.
Banks’ penis was gone when he awoke after surgery, according to the suit, yet no one ever warned that amputation could result from the procedure.
Banks and his wife, Zelda Banks, are seeking an unspecified amount of money in the complaint. The suit accuses the defendants of medical malpractice, negligence and other wrongdoing.
A statement released by hospital spokeswoman Kate Darden said the allegations lacked merit.
“We intend to defend all counts aggressively,” said the statement from Baptist Health System Inc., which operates the hospital in Birmingham. The hospital declined further comment.
The suit also names Urology Centers of Alabama and Dr. Vincent Michael Bivins, who works there; and Simon-Williamson Clinic and Dr. Alan C. Aikens, who works at the clinic.
Representatives from neither business nor the doctors returned messages seeking comment.
Bivins was treating Banks for conditions that led to the circumcision, the suit says, and Aikens was…
An Affordable Care Act pamphlet is pictured. | AP Photo
Today’s post was shared by Gelman on Workplace Injuries and comes from www.politico.com
What will happen with the employer mandate? Will the consequences be that the workers’ compensation carriers expand coverage to employer based policies that are cheaper than traditional workers’ compenaation policies. Today’s post is shared from Politico.com
The Obama administration signaled Thursday it’s not backing down from the controversial health law employer mandate that has been delayed twice and is the centerpiece of the House’s lawsuit against the president.
The IRS posted drafts of the forms that employers will have to fill out to comply with the Obamacare requirement that employers provide health insurance to workers.
Some business groups said the information was still too tentative and too incomplete to let them prepare for new obligations under the health law. “Our immense frustrations with the IRS continue,” Christine Pollack, vice president of Government Affairs at the Retail Industry Leaders Association, said in a statement.
An administration official said the White House is sticking to the timeline announced earlier this year. Companies with 50 to 99 employees will have another year — until 2016 — to start the coverage. Companies with 100 or more employees do have to comply next year, although they have two years to phase up so that they are covering 95 percent of their workers. Smaller businesses are exempt.
The House Republicans are planning to sue President Barack Obama, saying he overstepped his authority in…
Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.charlotteobserver.com
Joint statement in police shooting lawsuit
“In the late evening hours of October 16, 2010, Officer Matthew Wilson shot and injured Jeffery Green. It is now clear that Officer Wilson was dispatched to investigate the stabbing of Mrs. Valinda Streater, Jeffery Green’s mother. Upon arrival, Officer Wilson observed that Mrs. Streater had just been stabbed and that her injuries were serious. It is also clear that Officer Wilson received information that Mrs. Streater’s parents might have been in danger.
Based on that information, Officer Wilson correctly decided to check on their wellbeing. In addition, it is now clear that Jeffery Green, upon hearing that his mother had been stabbed, picked up a kitchen knife to defend his mother from further harm and started walking towards the location of his mother and Officer Wilson.
Unfortunately, Jeffery Green was walking down a dark street and headed directly towards Officer Wilson. Officer Wilson, believing that Jeffery Green might have been the suspect who had stabbed Mrs. Streater, ordered Jeffery Green to drop the knife just prior to making the decision to shoot Jeffery Green. Officer Wilson did not learn until after the incident that Jeffery Green was not the person who stabbed and severely injured his mother.
While the City believes that Officer Wilson’s decision to shoot Jeffery Green was reasonable under the conditions confronting Officer Wilson that night, the City also recognizes…