Court agrees to review Alaska Roadless Rule case

Headline Legal News

A full federal appeals court will review the decision allowing Alaska's Tongass National Forest to be exempt from federal restrictions on road-building and timber harvests in "roadless" areas."

The 9th U.S. Circuit Court of Appeals on Friday announced an 11-member panel will review a split decision rendered by a three-judge panel in March, which said the U.S. Department of Agriculture had legitimate grounds in 2003 to temporarily exempt the Tongass from the Roadless Rule.

Earthjustice attorney Tom Waldo said by phone from Juneau that the decision was great news for residents of southeast Alaska.

"This case is about the wild and undeveloped part of the Tongass, which are really important for hunting, fishing, tourism and recreation," he said. "These are the driving forces of the local economy, and today's order ensures that those places will remain protected until the court can give the issue a thorough review."

"Today's decision is extremely disappointing," said Sharon Leighow, spokeswoman for Gov. Sean Parnell. "It was the state's position that this case did not meet the criteria for a rehearing and was properly decided by the three-judge panel."

"As a result of today's ruling, the status of the Roadless Rule in the Tongass will remain in doubt well into 2015, further harming the economy in Southeast Alaska," she said in a statement.

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Does a car or truck accident count as a work injury?

If an employee is injured in a car crash while on the job, they are eligible to receive workers’ compensation benefits. “On the job” injuries are not limited to accidents and injuries that happen inside the workplace, they may also include injuries suffered away from an employee’s place of work while performing a job-related task, such as making a delivery or traveling to a client meeting.

Regular commutes to and from work don’t usually count. If you get into an accident on your way in on a regular workday, it’s probably not considered a work injury for the purposes of workers’ compensation.

If you drive around as part of your job, an injury on the road or loading/unloading accident is likely a work injury. If you don’t typically drive around for work but are required to drive for the benefit of your employer, that would be a work injury in many cases. If you are out of town for work, pretty much any driving would count as work related. For traveling employees, any accidents or injuries that happen on a work trip, even while not technically working, can be considered a work injury. The reason is because you wouldn’t be in that town in the first place, had you not been on a work trip.

Workers’ compensation claims for truck drivers, traveling employees and work-related injuries that occur away from the job site can be challenging and complex. At Krol, Bongiorno & Given, we understand that many families depend on the income of an injured worker, and we are proud of our record protecting the injured and disabled. We have handled well over 30,000 claims for injured workers throughout the state of Illinois.

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