Anthrax settlement may moot contempt case

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The US Department of Justice announced Friday that it has settled a lawsuit brought by former US Army germ-warfare researcher Dr. Steven Hatfill, a development that may moot a landmark contempt case against former USA Today reporter Toni Locy now awaiting a ruling by the US Court of Appeals for the DC Circuit. Under the settlement, Hatfill would drop all damages claims against the government in return for a lump sum payment of $2.825 million and a 20-year annuity of $150,000 amounting to $3 million. Hatfill had initially sued the Department alleging that it violated the US Privacy Act by providing personal information and information about him to journalists - including Locy - during its investigation of the 2001 anthrax attacks in which he was at one point named a "person of interest". Locy had refused to disclose her sources in discovery, arguing that the information Hatfill was seeking was not central to his lawsuit. In a letter to the Court of Appeals Friday informing it of the settlement, Hatfill lawyer Christopher Wright said that Locy's evidence was no longer needed by his client.

In March, US District Judge Reggie Walton found Locy in contempt of court for not disclosing her sources and ordered her to pay a fine of $500 a day, increasing to $1000 a day after one week and then up to $5000 a day after two weeks, the costs of which could not be covered by her former employer. Locy obtained an emergency stay of that order from the Court of Appeals and oral arguments on the merits of the sanctions were heard last month. The appeals court has yet to make a formal ruling on the status of the contempt case in light of the Hatfill settlement, but Locy said late Friday that she and her lawyers are hopeful that the deal would end the matter. Locy will be a professor at Washington & Lee University's journalism school this fall.

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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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