Occasionally, an Employer/Insurer’s satisfaction of their obligation to provide an employee with appropriate medical care can create an increased risk of additional accidents.  For example, an employee will likely have to brave the freeways and roads in order to travel to and from his medical appointments.  If the employee is involved in a car accident while traveling to or from his medical appointment, that raises questions as to whether the injuries sustained in the car accident are compensable.  The employee will argue that had it not been for his medical appointment, he would not have been injured in the car accident.  The Georgia Court of Appeals has dealt with this issue, and  the law is evolving.  In the case of Firestone Tire & Rubber Co. v. Crawford, 177 Ga. App. 242, 339 S.E.2d 292 (1985) injuries sustained in a car accident while en route to an employer mandated appointment was…       Read More

When is a second request for indefinite leave required by the Americans With Disabilities Act (“ADA”)? What if the employee can perform most of the essential functions of the job while on indefinite leave, but can not provide a reasonable estimate of a return date when he/she can eventually perform allof the essential functions of the job? In Robert v. Board of County Commissioner of Brown County, the Tenth Circuit Court of Appeals found that an employee on leave must provide a reasonable estimate of when she will be able to return to duty, performing all essential functions, in order for a leave of absence to be a reasonable accommodation under the ADA. Employers have no obligation to provide leave of an indefinite duration if there is not a realistic prospect that the employee will return to performing all the essential functions of her position in a reasonable time. I….       Read More

Device Theft Poses Greatest Risk for Health Data Breaches Big News Network.comAs physicians prepare to conduct data risk assessments, as required under the Health Insurance Portability and Accountability Act, they may want to take a closer look at their policies and guidelines regarding use of mobile and portable devices.Facebook Suspends Israel-Developed Face Recognition Globes By: Roy Goldenberg “The Financial Times” said, “The company began working with the Irish data protection authority in September 2011 after an Austria-based group called Europe versus Facebook made 22 complaints. Facebook is subject to ongoing audits of its privacy from … U.S. Seeks Internet Data Flow Safeguards in Asia-Pacific Trade Pact Chicago Tribune WASHINGTON (Reuters) – The United States is asking countries for strong rules to protect the free flow of data, ranging from video clips to back-room office operations, in talks on a Asia-Pacific free trade agreement, a U.S. official said on Friday ……       Read More

A Leader of Hacker Group Anonymous Arrested in Texas Chicago Tribune  By: Jim ForsythA self-professed leader of the computer hacker group Anonymous was arrested by authorities in Dallas, officials said on Thursday. “He was arrested and brought in for booking about 11 p.m. last night,” said Dallas County Sheriff …Hackers Are Loading Viruses on to PCs Still in The Factory, Warn Microsoft  Metro  By: Fred Attewill ‘We found malware capable of remotely turning on an infected computer’s microphone and video camera, potentially giving a cybercriminal eyes and ears into a victim’s home or business,’ said Microsoft investigator Richard Domingues Boscovich. Cyber-Risk Insurance Coverage is Alive and Well, and You Need It  Virginia Business Magazine  By: Collin Hite Virginia Business recently published an article addressing insurance coverage for all forms of cyber-risk. This area of first- and third-party exposure continues to garner attention throughout the global business community. A study just…       Read More

The current annual cap on the H-1B category is 65,000.  On June 11, 2012, USCIS announced that the H-1B cap was reached. Therefore, H-1B cap-subject petitions were not accepted to fill the annual H-1B quota after that date.The H-1B visa can be granted for positions that qualify as a “specialty occupation”, and at a minimum require a Bachelors or higher degree or its equivalent for the position.  However, once the cap is reached, many employers cannot wait until April 1 of the following year, when new H-1B petitions can be filed under the next fiscal year’s H-1B cap.  As a result, employer’s often need alternatives to the H-1B visa. H-1B Change of Employers  First of all, many potential employees, who currently have H-1Bs with other companies, may be cap-exempt.  This means that they may not be subject to the annual cap and may be eligible to change employers without being counted…       Read More

India Pushes for Data-Secure Status From EU ZDNet  By: Kevin Kwang Summary: India is looking to get the European Union’s approval that it’s a data-secure destination by tying it with ongoing free trade agreement negotiations, which will be a boost for the country’s business process outsourcing industry. Kevin Kwang … Collins: Congress Should Continue Work on Cybersecurity Despite Executive Order The Hill  By: Jennifer Martinez Some security experts have noted that the White House cannot offer various incentives to the private sector – such as liability protection for companies in the event of a security breach – in an executive order, as that authority rests with Congress … PWC: No Evidence of Breach in Romney Tax Return Extortion Case Computerworld  By: Jeremy Kirk IDG News Service – PricewaterhouseCoopers said Wednesday it has not found evidence of unauthorized data access despite a group’s claim that Republican presidential candidate Mitt Romney’s tax…       Read More

“MOONING THE BOSS AND PREMATURE PAPERWORK “After his company was acquired, plaintiff was informed in April of 2005, that a friend and colleague had been terminated because he refused to accept a lower wage in his new position within the new company structure. In response to this action, plaintiff testified that he was very upset and wanted to tell his bosses how he and the rest of the team felt about his friend’s termination. In order to do so, plaintiff opened the door to the conference room in which his bosses were seated, and walked in. Once in the conference room, plaintiff asked the two men if he had a non-compete agreement with the company. The bosses said that he did not, and plaintiff proceeded to unbuckle his pants, pull them down, and “moon” both men and walked out. How did this even reach litigation?Well, the management team initially decided to issue only…       Read More

Medical Data Loss Remains a Problem at HospitalsHouston Chronicle An inattention to data security is a persistent problem in the health care industry that is starting to draw increased scrutiny from federal and state officials, with fines for exposing patient information ranging in the millions of dollars and … UK Data Breach Reports Rocket 1000% in Just Five YearsComputer Business ReviewBy: Steve Evans Reported data breaches in the UK have risen by more than 1,000% in the last five years, according to a Freedom of Information (FoI) request made by storage and security company Imation. The incredible figures, released by the Information Commissioner’s … Patient Data Stolen from Temple Community HospitalThe Los Angeles Times The data included scans that occurred between Jan. 1 and July 2. The hospital has back-up copies of the scans. Hospital officials assured patients that their financial information, Social Security numbers and personal contact information was…       Read More

Can an employer order a troubled employee to obtain psychological counseling as a condition for keeping his/her job?The Sixth Circuit Court of Appeals has answered that such a request requires compliance with the Americans With Disabilities Act (ADA) as a request for a medical examination limited by all of the usual ADA restrictions on employers. Kroll v. White lake Ambulance Authority.Emily Kroll worked as an EMT and was considered to be a good employee until becoming romantically involved with a co-worker, after which her supervisor and office manager received reports from other employees about Kroll’s “well being.”A few days later, Kroll was reportedly “screaming” on the phone with a male acquaintance while she was driving a patient in her ambulance in “emergency status” (with lights and sirens).   The employer told Kroll that she must attend mental health counseling in order to keep her job. Kroll rejected counseling, left the…       Read More