Jennifer White of Peterson White LLP and Steve Armstrong of Armstrong Peake PLLC interview attorney Melissa Bailey of Ogletree Deakins regarding her knowledge and expertise of OSHA defense litigation. In this episode, Melissa covers how an employer can be impacted if they admit liability in OSHA claims. She covers the Unpreventable Employee Misconduct (UEM) defense and the role of supervisors in OSHA defense. An employer's ability to do business can be affected if they admit to liability. Also covered is how some states add on a multiplier penalty in the workers’ compensation claim if there is a safety violation. Listen as well for some of her thoughts on how an employer in a workers' compensation claim should answer discovery and how that may impact the OSHA defense at a later date. She also gave us the Gem Industrial Inc. case that has a good description of general UEM elements and the Angel Brothers Enterprises case which has a discussion of various circuit court decisions regarding OSHA.
To learn more about DRI and the Workers' Compensation Committee visit www.DRI.org.
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