KCLawyer
Monday, September 29, 2003
Epilepsy & ADA - 8th Circuit
Plaintiff's epilepsy was not a disability for purposes of the Americans with Disabilities Act, thus grant of summary judgment dismissing disability discrimination claims against a former employer is affirmed.
BRUNKE v. THE GOODYEAR TIRE & RUBBER CO., No. 03-1373 (8th Cir. September 29, 2003)
Thursday, September 18, 2003
Missouri Workers´ Compensation - Occupational Disease Statute of Limitations
Claimant worked as a dental assistant for this employer for 28 years. The work required her to position herself in an awkward manner that eventually resulted in the claimant needing cervical surgery in 2000. Symptoms of pain and medical treatment began as early as 1984. In 1985, she told her employer she felt her cervical condition was related to her work. She was told in 1996 by her physician that her work leaning over patients was aggravating her condition. Claimant filed her claim for compensation in October 2000. The employer argued that the three year statute of limitations barred the claimant’s recovery. The ALJ and commission disagreed and this appeal followed.
The Missouri court of appeals ruled that by statute, the statute of limitations for an occupational disease didn’t begin to run until it became reasonably discoverable and apparent that a compensable injury had been sustained. It found that the claimant in this case didn’t sustain a “compensable” injury until she was medically advised that she would require surgery.
Joyce Rupard v John K. Kiesendahl, DDS, No. 62101 (Mo.App. W.D., August 5, 2003)
Sunday, September 14, 2003
Hot Coffee - Big Verdict
A man who said he suffered severe burns when a pot of hot coffee was spilled into his lap at a Disney restaurant two years ago was awarded $668,000 by a jury. Andrew Allocco, 33, had a 28-ounce pot of coffee spilled on him as he dined with his wife and daughter at the Disney Polynesian Resort in 2001. Allocco suffered extensive blistering, as well as pigmentation changes to his genitals and groin, according to court testimony.
Friday, September 05, 2003
Is a Speedo Indecent?
With the Ironman Triathlon only about one month away, triathletes need to be aware of this latest arrest. In Arkansas, a man's skimpy swimsuit was too much - or too little - for Taco Bell workers. Employees at Taco Bell called police when the man walked into the restaurant wearing only a tiny black Speedo swimsuit and a cut-off T-shirt during the Labor Day weekend. The Caddo Valley [AR] Police Chief said his attire was a little too revealing. The man faces a $750 fine and possible jail time if convicted of indecent exposure.
Tuesday, September 02, 2003
Mercury and Autism
Autism rates in Denmark do not appear to be linked to thimerosal, a mercury-containing preservative once added to some childhood vaccines, according to an analysis of three decades of data.Though the amount of mercury in vaccines was small, vaccine makers in the United States began phasing out thimerosal a few years ago as a precaution recommended by public health officials. Mercury can cause neurological damage in high doses. Many parents of autistic children think increases in the number of recommended childhood vaccines are to blame for the apparent autism surge. September 2004 issue of Pediatrics.
