S│R Blogs


				
							

S│R Blogs

Lax Fines for Violations Won't Help Nursing Home Residents

A recent New York Times article reported on the Trump Administration’s actions to “ease” nursing home fines for violations of Medicare regulations.  Ease is a word that is often used when talking about the lessening of a heavy, and…
Categories: Common Law Blog

How to Complaint About an Ohio Nursing Home

You may have been in, or heard stories about, a nursing home where things just didn’t seem right.  Maybe it was the line of residents parked in their wheelchairs in the hallway.  Maybe it was a smell indicating residents weren’t being g…
Categories: Common Law Blog

Witnesses and the FELA Claim

When a railroad employee is injured at work, there are frequently other employees around who can testify as to the cause of the accident.  It is important that the injured employee, or his union representative, gather the names of such witnesses. …

Ohio Nursing Home Residents' Rights

Placing a loved one in a Skilled Nursing or Long Term Care Facility can be difficult in many ways.  From feelings of losing independence, to concerns about whether the facility will be willing and able to provide the care required, the experience ca…

FRSA Medical Treatment Provision Cases Part II

In my previous post, I discussed Section (c) of the FRSA, which prohibits railroads from interfering with the medical treatment plan of an employee.  Since that blog was posted, the Sixth Circuit Court of Appeals overruled the decision of the Admini…

Update: FRSA Medical Treatment Provision Cases

In a previous post, I discussed the medical treatment provisions of the Federal Rail Safety Act (FRSA) that prohibit railroads from denying, delaying, or interfering with the medical treatment of an employee “who is injured during the course o…

Can the Railroad Discriminate Based on Obesity?

This post considers the question of whether an employer can take an adverse action against an employee because that person is obese, or overweight.  The issue was recently presented to me when a railroad signal employee was removed from his assignme…

Investigative Reporter Details Dangers of Shipping Crude Oil by Rail

A recent derailment of a CSX train in Maryville, TN carrying hazardous chemicals was the latest example of the catastrophic dangers involved with shipping combustible materials through populated areas on aging railroad infrastructures.  Most of the…

When is the Release of an FELA claim Enforceable?

When a railroad employee settles an injury claim brought pursuant to the Federal Employers’ Liability Act (FELA) with a railroad, the railroad will always require the employee to sign a Release before the settlement is paid.  A Release is a wr…

Major Dispute - Wheeling & Lake Erie Railway Violates Crew Consist Agreement

The Sixth Circuit Court of Appeals this week overturned a district court’s granting of a preliminary injunction barring the Brotherhood of Locomotive Engineers and Trainmen (BLET) from engaging in a strike against the Wheeling & Lake Erie R…

Disclaimer

Shapero · Roloff blogs are for informational and educational purposes only. The posts do not constitute legal advice, and are not intended to create an attorney-client relationship. The legal information provided is general and should not be relied upon as legal advice, which the author cannot provide without full consideration of all relevant information relating to one's individual situation. If you have questions about a specific legal issue, feel free to contact our office to talk to an attorney at (216) 781-1700.

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