June 22, 2009
Risk Transfer without Risk
The Defense Base Act (DBA) was enacted in 1941, to cover the injuries to civilian employees - primarily a few hundred engineers - during the second world war. The act might have worked then, but it certainly is not working now, nearly 70 years later. As we have blogged in the past, the DBA is a boondoggle, generating huge profits...June 2, 2009
Can You Terminate an Employee on Workers Comp?
Here's a question that comes up frequently in our employer seminars: can you terminate an employee who is on workers comp? In general, it's not a good idea. In many states there is a presumption that the termination is in retaliation for filing the comp claim. Nonetheless, the complete answer to the question is yes, you can, but you must...May 26, 2009
Compensable Sunshine, Revisted
Our blog last week linking skin cancer to workers comp has already generated a few comments. "Workers comp attorney" raises some interesting questions: (1) How much weight do you give to the person's leisure activities and/or length of employment? It seems these would certainly be factors in assessing whether the employment is the predominate cause. When assessing the work-relatedness...May 21, 2009
Working Outdoors: Skin Cancer and Workers Comp
With the full heat of summer bearing down on us, the Insider has deputized its readership to become informal safety inspectors: the next time you leave the office, observe any people who are working outdoors. Your checklist should include the fundamental safety drill: fall protection for height exposures; personal protective equipment such as hard hats, work boots and goggles; secure...May 19, 2009
Collision course: the potential impact of Chrysler's bankruptcy & sale on state workers' comp systems
Roberto Ceniceros of Business Insurance has been tracking the potential impact that a Chrysler bankruptcy and sale could have on state workers comp systems. In a story last week, he reports that Michigan Attorney General Mike Cox has taken legal action to protect the state. Cox stated that Michigan's Self-Insurers' Security Fund could face insolvency as a result of Chrysler's...April 27, 2009
Swine Flu Meets Workers Comp
It's only Monday morning and many of us are just refocusing after a weekend of gardening, football drafts, NBA playoffs, baseball (Ellsbury steals home!), so we are probably not quite ready to think about the unthinkable: a potential swine flu pandemic, originating in Mexico and already active in several major American cities. Here is the official government announcement (which appears...April 21, 2009
AIG in Iraq: A Cruel Way to Make a Buck
AIG has been in the news mostly for its ingenious method of losing money: insuring the riskiest possible financial transactions and tanking after these risks go bad. But give the biggest insurance company in the world some credit. They still know how to make money the old fashioned way: collecting premiums and denying claims. To be sure, this strategy is...April 14, 2009
Fancy Pants and Broken Lives
The Sunday Times had an article about tough times in Palm Beach, where the super-wealthy reside. They like to shop at Trillion, a store that kind of indicates, by the name, that if you have to ask how much something costs you don't belong in the store. The last time Bernie Madoff was in Trillion, he fell hard for a...March 18, 2009
Shift Work and Breast Cancer: A Presumptive Link?
Marcellus, a character in Shakespeare's Hamlet, muses that there is "something rotten in the state of Denmark." To the contrary, there is a spirit of generosity in Denmark that is increasingly rare in this troubled world. We are dealing here with the issue of compensability of cancers that may or may not be work related. As we have discussed in...March 4, 2009
Taneka's Law
Back in December we blogged the sad story of Taneka Talley, who was stabbed to death while working as a clerk for Dollar Tree. Her assailant, Tommy Joe Thompson, singled her out simply and solely because she was black. At first, Dollar Tree denied the claim, under the theory that Talley's race - not her employment - was the cause...February 24, 2009
School Board Needs History Lesson
Audeen Jacobs was a teacher in the Clark County (Kentucky) school system. She retired in June 2003, but was hired back on a 100 day contract in the fall of that same year. In addition to her teaching responsibilities, she volunteered to sponsor the high school's Beta Club, an honor society that requires students to maintain a specific grade point...February 23, 2009
McDonald's: Heroes Need Not Apply
Perry Kennon, a thug with a long record, experienced a craving for a Big Mac, so he accompanied a lady friend to a McDonald's in Little Rock, Arkansas. ["I'm lovin' it!"] His lady said something he disapproved of, so he smacked her in the face. McDonald employee Nigel Haskett, 21 at the time, rushed at Kennon and pushed him out...February 10, 2009
Annals of Compensability: Arthur Pierce's Work-Related Fall
Arthur Pierce worked for a trucking company in Virginia. In September 2006 he was found lying beside his dump truck. He had suffered a severe brain injury and was unable to communicate any details about what had happened. Physicians speculated that he had fallen from the truck (falls are the number one cause of injuries to drivers), but there was...February 6, 2009
Comp as Enabler: The Nadya Suleman Story
Nadya Suleman recently gave birth to octuplets, six boys and two girls. These newborns join the six other children that were also conceived through in-vitro fertilization. Suleman is a single mother of 14 young children, living at home with her (distressed?) parents. As the father of two teenage daughters, I certainly appreciate the joys (and challenges) of parenting. But this...February 4, 2009
Big Holes in the Comp Safety Net
We know how James Strickland died. Strickland worked for Bay Area Regional Transit (BART) in San Francisco. On October 14, he was walking east on the westbound track, checking for safety problems. An eastbound train, traveling 70 mph, slammed into him. (Now there's a safety problem!) He died instantly. But when you review the post-accident activities of BART, you get...January 26, 2009
The Politics of Work-Related Illness
Ed Abney is 53 year old tool-and-die worker with Parkinson's disease. For over 20 years, he was literally up to his elbows in drums of the powerful solvent, trichloroethylene (TCE). He worked for the now defunct Dresser Industries in Kentucky. As we read in Felicity Barringer's excellent article in the New York Times, Abney's illness was probably caused by work,...December 9, 2008
Dollar Tree's Investment
On December 1 we blogged the story of Taneka Talley, an employee of the Dollar Tree stores who was stabbed to death at work by a deranged racist. We believed that Talley's death was compensable under workers comp, as she died at work, performing her job (she was stocking shelves at the time of the assault). Dollar Tree's TPA denied...December 4, 2008
Walmart's Killer Bargains
Jdimytai "Jimbo" Damour took a temp job for the Christmas rush at the Walmart in Green Acres Mall on Long Island. Some rush. When a crowd of bargain hunters pushed into the store at 5 am on "Black Friday," Damour, a 34 year old who weighed 270 pounds, fell to the floor and was trampled. He died within an hour...December 1, 2008
Legal Advice on the Cheap
Dollar Tree is a national company with stores in all 48 states. Everything they offer costs a buck. (They are doing very nicely in this recession.) Here's how they describe themselves: Walk into one of our stores and it hits you immediately: this is a place where shopping is fun. We call it "Thrill of the Hunt". We have worked...November 11, 2008
Arkansas: Frozen embryos and Workers Comp
Here are two items you might never expect to appear together: frozen embryos and workers comp. But a case in Arkansas reveals that the comp system can easily be drawn into the ongoing (and apparently endless) debate of when life begins. Wade and Amy Finley were married in 1990. They were unsuccessful in having children, so in 2000 they initiated...September 17, 2008
Comp Fraud Meets Moose
I am pleased to report that workers comp has entered into the informed debate that characterizes our pending national election. It is inspiring to see the national dialogue confront - one by one - the complex issues that face this country as we creep on all fours through the new millenium. Mike Wooten is a trooper with the Alaskan state...August 11, 2008
Nevada Supreme Court rules suicide compensable
Is a suicide compensable? In certain circumstances it is, according to a recent ruling by the Nevada Supreme Court in Sharon Vredenburg v. Sedgwick CMA and Flamingo Hilton-Laughlin. While Nevada state law prohibits benefits if a worker’s death occurs due to a "willful intention to injure himself," this does not apply if a "sufficient chain of causation is established." Roberto...July 28, 2008
Real Injuries, Phony Claims
When it comes to fraud in workers comp, we usually look to employers, doctors and lawyers. They go after the big bucks. While there are opportunities for ordinary workers to exploit the system, most decline to do it. Today we examine two claims, both involving real injuries and both involving fraud. Coincidentally, it's a bi-coastal story. Let's begin in the...July 23, 2008
Semi Pro, Semi Screwed: the Saga of Tarrence Rhodes
Unless you are an aficionado of marginal sports, you do not follow arena football, which has taken a classic outdoor sport of considerable violence and transposed it to an indoor setting, with little if any reduction in the violence. The main difference between outdoor and indoor football? Money. Our focus today is Tarrence Rhodes, a defensive back for the Huntington...July 21, 2008
Dr. Mahoney's Baloney
Last week we blogged the suspicious "total and permanent" disability of Boston firefighter Albert Arroyo, who celebrated his profound disability rating by placing 8th in 2008 Pro Natural Body Building Championship. Yeah, I know, he was just having a good day. Not having a very good day is Arroyo's doctor, John Mahoney, a neurologist at Caritas Carney Hospital. Dr. Mahoney...July 8, 2008
Of Wage-Earning Capacity and Human Wreckage
Ronnie Ramroop was an employee of Flexo-Craft Printing in New York. In March of 1995 he caught his hand in a press, crushing four fingers. After seven surgeries, two fingers were amputated. It goes without saying that this is a work-related injury; workers compensation paid the medical bills, loss of function benefits (Ronnie lost 75% of the use of his...June 25, 2008
9/11 Rescuers: Fools Rush In...?
Anthony DePalma has an interesting analysis of the 10,000 claims against New York City in the aftermath of 9/11. The city has reviewed the claims submitted by people involved in the immediate aftermath and clean up. As many as 30 percent of the claimants are suffering from nothing more than a runny nose or cough. In over 300 of the...June 24, 2008
Injured and Illegal...in South Korea
We sometimes forget that the USA is not the only country with an undocumented worker problem. Anywhere you find developed countries with lots of (relatively high paying) jobs, you will find people willing to do anything to get them. Which leads us to an article in Korea Times by Park Si-soo. Zhang Shuai, 22, entered South Korea on a student...June 6, 2008
A Tree Falls in Rhode Island
We have been following the case of Edgar Valasquez, the undocumented worker who was seriously injured by a chain saw in 2006. (Our two prior blogs are here and here.) His employer, Billy G's Tree Service, failed to carry workers comp insurance. When Edgar showed up at the courthouse for his comp hearing, federal agents (apparently tipped off by Billy...June 3, 2008
Firefighters revisited: Presumption's Slippery Slope
In yesterday's blog, my colleague Julie Ferguson discussed the issue of compensible illness for firefighters. Forty states already have statutes giving the benefit of the doubt to firefighters: if they become ill from many forms of cancer or heart disease, the illness is presumed to be work related. The burden of proof (and "burden" is surely the operative term) falls...June 2, 2008
Firefighters and presumptive disability statutes
Sally Roberts has written a good article on firefighters and state workers comp laws in the recent edition of Business Insurance. Regardless of profession, illnesses have traditionally posed more of a compensability challenge than an out-and-out injury. When someone suffers an injury, it is generally a discrete event so matters are usually black and white as to compensability. Because illnesses...May 5, 2008
Abusive Behavior as a Disability?
Rosemary Verga worked for United Airlines as a staff representative in human resources. This seems an odd choice for a woman described by co-workers as "a difficult person to get along with" - "impolite, unpleasant" and quick to explode. In addition to being rude, inflexible, easily upset and demeaning toward others. All in all, a rather marginal member of the...April 22, 2008
Workers Comp: An Obligation to Get Better?
In conventional medicine, people are generally free to choose their care, up to the limits of their coverage. They can opt for certain procedures or decide to forego them. For the most part, adults are independent players in the medical system, acting in accord with their own wishes. In the final analysis, our health is an individual concern, factoring in,...April 21, 2008
Contractors vs employees: KBR and Blackwater shell games
A reader sent us a story from the Boston Globe that we previously missed about contractors who are suing KBR for toxic exposures to sodium dichromate in Iraq. Nine Americans are suing the erstwhile Halliburton subsidiary for " ...knowingly exposing them to the deadly substance and failing to provide them with the protective equipment needed to keep them safe." Sodium...March 5, 2008
Bullshit as Science: A Test for Malingerers
Paul Lees-Haley, PhD, is a psychologist who has come up with a 43 question test to separate the truly disabled from malingerers. Lees-Haley is either a genius or a pompous fraud right out of Mark Twain. Read on and decide for yourself. (This posting is based upon an article by David Armstrong in the Wall Street Journal, which limits access...February 26, 2008
When play becomes work, or the case of the traveling employee
There are various circumstances in which an injury that occurs during a recreational activity might be compensable. One exception might be if the injury occurs on company premises or at a company-sponsored event, a likelihood that approaches near certainty if participation in the event was mandatory. Another common exception is in the case of traveling employees. When employees are engaged...February 14, 2008
Pro Football and Workers Comp: A Violent Collision?
Chad Hennings spent nine years as a lineman for the Dallas Cowboys. He accounted for 28 sacks, 6 fumble recoveries, 4 return yards and 1 touchdown in 107 games before retiring after the 2000 season. He also suffered permanent damage to his back. The question is whether or not his work-related back injury is compensable under the Texas workers comp...February 8, 2008
Asymmetry in Workers Comp
In conventional medicine, breast implants come in pairs: in most circumstances, you install (or replace) both at the same time. There is a compelling aesthetic symmetry in the process. In the idiosyncratic world of comp, however, symmetry is trumped by the "work-related" standard. Penny Rumple Richardson was injured in an on-the-job car accident. Her breast implants were damaged. The North...December 5, 2007
Age and Disability in California
We have frequently blogged the implications of an aging workforce. We are very interested in seeing how the workers comp system will handle older workers - people beyond the normal retirement age - when they are injured. Well, here is an interesting case from California. Lois Vaira was a receptionist for the California Travel and Tourism Commission. In January of...December 4, 2007
Awake in the Dark: The link Between Shift Work and Cancer
In yesterday's post, Julie Ferguson mentioned a recent study that directly links night shift work with certain forms of cancer. The International Agency for Research on Cancer (IARC) is about to list shift work as a "probable" carcinogen. This will put shift work into the same category as anabolic steroids, ultraviolet radiation and diesel engine exhaust. The potential number of...November 27, 2007
Assaulted in a Home/Office: Compensable?
Kristina Wait worked for the American Cancer Society in Nashville TN. Due to a lack of office space, she worked from home, in a converted bedroom/office set up by her employer. In September 2003, she was making lunch when the doorbell rang. She invited her neighbor, Nathaniel Sawyers, into her home. With no provocation, he brutally assaulted her, causing head...November 14, 2007
Mental Health Parity: Not in Workers Comp
There is a bill pending in the US Congress to require parity between mental and physical health benefits. The bill is a follow up to similar legislation passed in 1996, which was severely limited in scope: Employers did not have to provide any mental-health benefits. Copays and deductibles could be higher for mental-health expenses. Visits could be limited. And small...November 6, 2007
Cold comfort: Crandall Canyon survivors and workers comp
Lee Davidson of Salt Lake City's Deseret Morning News looks at the workers' compensation benefits that will be paid to survivors of the Crandall Canyon Mine disaster, asking, "How much is a miner's life worth?" The article illustrates several realities about the workers comp system: it was neither designed as a mechanism to make an injured worker (or his or...October 9, 2007
Breach of Trust: the impact of the WTC disaster on workers compensation
Our colleague Peter Rousmaniere is writing an important 4-part series on the World Trade Center and workers compensation that is being featured in Risk and Insurance. These articles are part of the publication's in-depth focus on how Sept. 11 forever altered the workers' comp landscape and eroded the trust implicit between employer and employee. The first two issues have been...October 2, 2007
Bobbing for Drumsticks? Ohio Supremes Reverse Themselves
Back in January we blogged an unusual case from Ohio. David Gross was a 16 year old working at a Kentucky Fried Chicken. Despite safety training and warnings to the contrary, he insisted on cleaning the fryer his own way, filling it with water boiled under pressure. When he opened the fryer, he burned himself and two co-workers who came...September 26, 2007
Brave new world: genetic testing and workers compensation
The good news is there are new technologies that hold the promise of ending fraudulent or inappropriate disability and workers’ compensation claims. The bad news is that you'll need to get in the business of harvesting and tracking your employee's DNA to get there, venturing into relatively uncharted legal waters. Workforce Management and BBC both discuss the new technologies in...September 24, 2007
Compensable Suicide in MA
Gilbert Dube was a mechanic with a chronic back problem. He was working for National Fiber Technology LLC in Lawrence, MA, when he re-injured his back on November 7, 2001. He tried to return to work on a light-duty basis a couple of weeks later, but his employer informed him that there was no light duty available. (Red flag number...September 14, 2007
Justice for an Undocumented Worker?
Here's an update on a case we recently blogged. Edgar Velasquez worked for Billy G's Tree Service in Rhode Island. He sliced open his face with a chain saw (ouch!). When he tried to file for workers comp benefits, his employer fired him. Edgar was an undocumented worker. The employer did not carry workers comp insurance. On August 2, 2006,...September 7, 2007
Oh, Brother: A Compensable Fratricide
This is a tale out of the North Carolina woods, concerning the Forbes brothers, Ernie and Wilbert. Here's a legal account of what took place on September 26, 2000: Wilbert Radel Forbes, his brother Ernest Forbes, James Duncan, Ronnie Duncan, and William Dobson traveled together in a van to a logging site in Halifax County. The men were members of...July 5, 2007
Feeling Down Down Under?
We read in the Sydney (Australia) Morning Herald that workers comp benefits have been reduced for government workers. COMMONWEALTH public servants are no longer entitled to claim damages for accidents on the way to work or during lunch breaks. In addition, participation in the public service lunchtime football league is no longer covered. Claims for stress have also been severely...June 18, 2007
Unexplained Injuries at Work
Donald Delaware worked for Sunland Beef Co. in Arizona. He was in charge of processing hides. In October of 2004 the 71 year old took a bathroom break. The last thing he remembers is standing in front of a urinal. Co-workers found him bleeding on the floor. He suffered a concussion and some loss of memory. He apparently passed out...June 13, 2007
Of Wooden Legs and Wooden Lawyers
Chuck Bodine was an appliance repairman for Colorado based American Appliances, Inc. In June of 2005 he stepped out of a company truck and collapsed in a heap. (That's how drivers often are injured - getting in and out of their trucks). Bodine's artificial hip had shifted and sent him sprawling. He got a new hip, but his claim for...June 4, 2007
De-legaled Emigrants: Contractors in Iraq
In March of 2004 four contract employees of Blackwater Security Consulting were sent out into the streets of Iraq to provide an escort to a food convoy. They lacked heavy armour, they were never briefed on the nature and parameters of the job, and there was no pre-mission reconaissance. Oh, they also lacked a street map. You will remember these...March 21, 2007
Employees as Racketeers
When a plant closes, the bond between employer and employee is broken. We often find that long-term employees, stung by the loss of jobs, file workers comp claims. Given the cumulative trauma of industrial work, the claims are often supported by objective medical evidence. With no opportunity to accommodate injuries through modified duty, the employer is stuck with the bills,...February 26, 2007
FedEx Wins One in CT
With 15,000 "independent contractor" drivers across America, FedEx is in the midst of a huge experiment in human resources. The fundamental question, of course, is whether their decision to contract out a significant portion of their basic operations is legal. A number of states (Including California, New Jersey, Montana and Massachusetts) have ruled that the drivers are actually employees, entitled...February 15, 2007
"Exclusive Remedy" in the Tank: A Sad Missouri Saga
Eric Burns drove a cement truck for Kennon Ready Mix. Because the job requires hosing down the chutes after delivery, cement trucks carry a pressurized water tank. When Burns noticed the tank on his truck leaking, he brought it to the attention of his supervisor, Lynn Smith. "No problem," said Smith. "I'll fix it." Smith spot welded the crack in...February 5, 2007
The Saga of Ted Johnson: Sports Medicine with a Bitter Taste
Ted Johnson was a linebacker for the New England Patriots. His specialty was stopping the run. As any viewer of the recent NFL playoffs knows, run stoppers use their heads: first, to think strategically -- where to go in the course of a given play - but then literally: torpedoing head first into the body of an opposing player. That's...January 29, 2007
Working at Home: Employees or Contractors?
Over 12 million American workers perform their jobs away from the office: many work out of their homes, perhaps commuting occasionally to the office for mandatory meetings. The benefits of working at home are pretty obvious: you can set your own hours (at least to some degree); you don't have to worry about traffic and bad weather; and no one...January 24, 2007
State Farm is (finally) There
We read in the New York Times that State Farm has suddenly agreed to accept liability for many of the claims it had previously denied in Katrina-ravaged Mississippi. The giant insurer has set aside a minimum of $80 million to settle 640 lawsuits. They have also agreed to re-open 35,000 denied claims. In most cases, home owners will collect half...January 19, 2007
NFL Preview: Bigs Hits, Big Trouble
As we head toward the climax of the football season, with just four teams left on the path to the Superbowl, we read in the New York Times (registration required) that the big hits we cheer for may be causing permanent damage. In November, Andre Waters, a 44 year old former safety for the Philadelphia Eagles, killed himself. He may...January 16, 2007
Having It Both Ways: Coming and Going in Utah
Police Officer Michelle Ross was injured in a car crash outside Salt Lake County while driving with her infant son. She was off-duty, operating a marked police vehicle. (I've never seen a police cruiser with an infant carseat.) She crossed the center line of State Road 36 and struck a tractor-trailor, injuring two people. Is she covered by workers comp?...January 15, 2007
When Illegal Workers are Injured: Second Class Benefits in a First Class System
The plight of undocumented workers who are injured on the job brings to mind a quote from the late Groucho Marx. When told a swimming pool was off limits to Jews, Groucho replied: "My son is half Jewish. Can he wade up to his knees?" Our colleague Peter Rousmaniere summarizes the status of undocumented workers in the workers comp systems...January 9, 2007
Wilful Intent: The End of "no fault" in workers compensation?
David Gross, 16, had a job at Kentucky Fried Chicken. One of his responsibilities was cleaning a 690 Henny-Penny gas pressure cooker. His preferred approach to the task was to put water in the cooker, seal it and boil away the grease. This was against the manufacturer's recommendations (written right on the equipment) and against store policy. The boiling water,...January 3, 2007
Labor Optimization at Walmart: The Big Squeeze, Revisited
Back in July 2005 we blogged the way Walmart squeezes its vendors to achieve the lowest possible prices. Today we read in the Wall Street Journal (paid subscription required) that the behemoth retailer is instituting a computerized scheduling system that enables it to use the same squeeze tactics on its own employees. Now that's a shocker! The plan involves moving...October 26, 2006
Special Assignment: the "going and coming rule" at play in Maine
Yesterday, the Maine Supreme Court made a ruling in an interesting case related to the "going and coming" rule. It involved Justin Laliberte, an employee of VIP, Inc., who was returning from a weekend work project when his car veered off the highway and collided with another car, killing Nancy Spencer and injuring her husband and daughter. The Spencers are...October 19, 2006
After the Dust Settles: Liability versus Immunity in the 9/11 Clean Up
Five years after the fall of the World Trade Center towers, there are lingering issues concerning the health of the rescuers. Over 40,000 workers rushed to the site in the immediate aftermath, and then sifted debris in the following weeks. It now appears that many of these workers have suffered lung damage, much of it permanent, some of it fatal....October 17, 2006
Actuarial Aging
The Insider is partial to actuary jokes. Perhaps it's because so much depends upon the actuarial viewpoint. These are the people who drive the insurance bus. Those of us seated in the bus often feel a bit queasy, as the driver has the vehicle pointed backwards and attempts to drive while looking through the rear view mirror. They drive in...September 25, 2006
Think twice about mandating extracurricular activities
Is an injury that occurs as the result of a dive at a swimming hole a compensable injury? It is if swimming is one of the activities at a mandatory company-sponsored event. Roberto Ceniceros of Business Insurance alerted us to a recent ruling by the Arkansas Court of Appeals in the case of Tina Engle vs. Thompson Murray Inc. and...August 23, 2006
Illegal Immigrants in Arizona: Comp Coverage Hinges on a Comma
Back in 1925, legislators in Arizona wrote the first workers compensation statute for that state. It's safe to say they had no idea that the absence of a single comma would send lawyers scrambling for clarification some 80 years later. The story involves workers comp coverage for illegal immigrants. "Mario Lopez" hurt his back moving furniture in 2001. He filed...July 28, 2006
The Definitive Word on Goofing Off: Horseplay and Humor on the job
Julio Medina was a baker for the Panera Company. He routinely moved large racks of baked goods over a greasy, slippery floor. The employer provided "slip-resistant" shoes (which didn't work very well - they usually don't). After complaining to his supervisor about the slippery conditions, Medina, with a smirk on his face, lifted his right leg as if to kick...June 9, 2006
Injured Cop Walks
Last July we blogged the story of Michael Forman, a suffolk County policeman who had been indicted for workers comp fraud. He was charged with illegally collecting $250,000 in worker's compensation while climbing the ranks of the Bethpage Volunteer Fire Department. Disabled by "excruciating pain" in his wrist, he nonetheless was able to respond to hundreds of fire calls. In...May 18, 2006
Company Outing? Beware the Flying Umbrella!
Company outings should be a time to kick back, relax and enjoy some sun. Well, maybe. Employers need to stay alert to the potential liabilities that linger whenever they host employees at a company-sponsored event. We have blogged the dangers of serving alcohol at company events and the open-ended risks involved in hosting company outings. Now we read of a...April 11, 2006
The long tail of WTC toxic exposures
Health experts predict that the health implications for the workers involved in the World Trade Center cleanup will take more than 20 years to be fully evident. A recent article in the PhillyBurbs discusses the frustrations that sick workers and health authorities alike are having in trying to come to grips with the health ramifications of post 9-11 cleanups. The...February 15, 2006
Death of an "Independent Contractor"
Here is a brief article from the Metro West Daily News, a small newspaper in Massachusetts: MARLBOROUGH -- A Leominster man was killed yesterday after he fell nearly 40 feet from a condominium building while roofing with three other workers, authorities said. James Stacy, 40, of 180 Johnson St., was killed instantly, police said, after falling more than three stories...January 19, 2006
Carpal Tunnel Syndrome: Who Should Pay?
Back in December fellow Insider blogger Julie Ferguson wrote about a Harvard Medical School newsletter that finds no relationship between keyboarding and carpal tunnel syndrome. This information has been out there for a while, based upon a 2003 study of 5,600 Danish workers. But for those of us who track workers compensation, these findings raise significant issues. If carpal tunnel...December 20, 2005
Illegal Immigrants: Working In the Twilight Zone
The Insider has been researching the intersection of illegal immigrants and workers compensation. In most states, attempts to preclude illegal workers from securing comp benefits have failed. But now we read of a case in Nebraska (Isaac Ortiz v. Cement Products) where an illegal immigrant is cut off from vocational rehabilitation, which is normally an essential part of comp benefits...December 1, 2005
Labor groups challenge Missouri's new workers compensation law
This past July, Missouri's Governor Blunt signed legislation overhauling the state's workers compensation statute, swinging the pendulum much more heavily in favor of the employer. (In a prior post, my colleague Jon Coppelman commented on some of these changes while they were still under review.) Yesterday, more than 70 labor groups filed suit to challenge the constitutionality of the new...November 8, 2005
Supreme Court on "Donning, Doffing & Walking"
In a ruling (New York Times, free registration required) surprising for its rare unanimity, the U.S. Supreme court just came down on the side of meatpacking workers. The decision in IBP Inc. v. Alvarez involved whether workers should be paid for the time between putting on personal protective equipment ("donning") and walking to the actual site where the ferociously unpleasant...November 4, 2005
Compensable Fighting in Virginia
When an employee starts a fight, any potential workers comp claims based upon injuries to the instigator are denied. The denial stems from the employee's "wilful intent." If you knowingly and wilfully injure yourself (by starting a fight), the comp system rejects the claim. The person who is attacked, however, may collect comp for injuries, unless the fight has absolutely...October 31, 2005
"Going and Coming" exception: contractual transportation
Under ordinary circumstances, any injuries that employees might suffer while traveling to and from work would not be covered by workers compensation. This is commonly referred to as the "going and coming" rule. There are several common exceptions to this rule, however, and a recent 4-3 decision by the Pennsylvania Supreme Court illustrates one of those exceptions: the company car....October 19, 2005
California court upholds workers comp for undocumented workers
On Monday, California's 2nd District Court of Appeal upheld the rights of undocumented workers who are injured at work to receive workers compensation benefits in its ruling in Farmers Brothers Coffee vs. Workers' Compensation Appeals Board. A three-judge panel ruled unanimously, stating, "California law has expressly declared immigration status irrelevant to the issue of liability to pay compensation to an...September 30, 2005
Wyoming court to examine compensability for illegal immigrants
Wyoming's Supreme Court* will be considering the issue of whether an illegal immigrant who is injured on the job should be entitled to workers comp benefits. In the particular case at hand, one Javier Molina lost a leg after being run over by a piece of construction equipment while at work for Freund Construction. He was denied compensability and turned...September 15, 2005
Workers Comp Conundrum: Permanently Disabled but Still Working
Steven Trucinski, an employee of International Paper Co. in Ohio, was injured in a chemical explosion on October 15, 1998. He sustained severe trauma to his left lower extremity, as well as burns over large portions of his chest, back, and right upper extremity. His leg was amputated above the knee. Under Ohio law, loss of two body parts automatically...September 7, 2005
Gradual Onset Stress: A New Diagnosis Heading South?
There are some interesting developments impacting workers compensation stress claims in our neighbour to the north, Canada. Here in the States, comp stress claims are very difficult to prove. Most states require that the "predominant cause" of stress in the claimant's life must be work related. This tough standard leads directly to a defense strategy of aggressive discovery: every aspect...July 21, 2005
Exclusive remedy upheld in Lockheed Martin shooting case
Over today's wires comes the news that a federal appeals court has just upheld workers compensation as the exclusive remedy for the nine surviving victims and the families of the six workers who were killed in the 2003 Lockheed Martin shooting in Meridien, Mississippi. According to the news report, this would limit damages to about $150,000. The Picayune Times has...July 18, 2005
Exception to the "going and coming" rule: operating premises
I was catching up on back issues of Business Insurance this past weekend and came across an interesting recent decision by the Supreme Court of Kentucky involving the going and coming rule. By way of introduction, the going and coming rule has to do with employees traveling to and from work. Generally, any injuries that an employee would suffer while...May 25, 2005
S. Carolina to bar workers comp for undocumented immigrants?
Apparently, at least a few legislators in South Carolina think that illegal immigrants should be barred from receiving workers comp benefits, and there is a bill to that effect under consideration in the statehouse: "Thousands of undocumented workers in the Palmetto State could be denied workers' compensation coverage, including lost wages and medical bills stemming from work-related injuries, under a...April 20, 2005
"Exclusive Remedy" - Bends but does not Break
"Exclusive remedy" lies at the heart of workers compensation. In exchange for the protection of workers compensation benefits, employees give up their right to any other remedy for workplace injury. This generally works out pretty well for both parties, but as with so many issues, the action at the margins is intense. There are two areas where challenges to exclusive...February 28, 2005
Independent Contractor or Employee?
One of the most problematic areas of workers compensation coverage involves independent contractors. It is indeed ironic that tradesmen in high risk occupations (construction, landscaping, mechanical trades, trucking) often find themselves without workers compensation coverage because of their independence. In many (but not all) states, independent contractors are precluded from securing workers comp insurance. When these people are seriously injured,...November 24, 2004
Here Comes the Judge!
Did you ever consider how easy it might be for a workers compensation judge to file claim after claim and even retire on workers compensation benefits? After all, who knows the ins and outs of compensability better than a judge? And who is in a better position to locate attorneys and doctors to support even the most dubious claim? A...October 14, 2004
Compensability: deviation from employment and "personal comfort" doctrine
Recently, Florida appellate courts issued rulings on two cases on issues related to deviation from employment and personal comfort. Essentially, these are nooks and crannies having to do with the issue of compensability. Injuries are compensable if they arise out of and in the course of employment. Sounds simple? Not so: Thousands of court challenges have occurred interpreting those few...August 19, 2004
R.I. Court Holds Nightclub Owners Personally Liable
In a reversal of a prior Labor Department ruling, the Rhode Island Workers Compensation Court ruled that Michael and Jeff Derderian, owners of The Station nightclub, could be held personally liable for their failure to obtain workers compensation coverage for their employees. According to Insurance Journal: "The ruling means that the brothers' personal assets can be tapped to pay the...August 11, 2004
The history of workers compensation
I stumbled on an interesting essay at the Florida Department of Financial Services' site...it's an overview of the historical evolution of workers compensation from ancient times to the present, one of the best treatments I've seen on the topic. In addition to exploring the European roots, it presents an overview of the system's development throughout the United States, with particular...July 1, 2004
Workers compensation jurisdiction: injury in one state, employment in another
If a worker is employed in one state but suffers an on-the-job injury in another state, under which state would benefits be paid? This is a question that frequently surfaces, particularly with today's often-mobile work force. As with many things in workers comp, it can be confusing for employers and injured workers alike, and the difference in benefits from state...June 25, 2004
Iraq contractors and workers compensation
In the last few months, the deaths of independent and military contractors in Iraq have been much in the news. According to the Brookings Institution, there are more than 15,000 security contractors in Iraq, making independent contractors the second largest force after the U.S. military. Recently, the Department of Labor has issued statistics about workers compensation claims for U.S. contractors,...June 15, 2004
Independent contractors and workers compensation
Melissa Hershberger of Synergy Fest raises the issue of independent contractors and links to an excellent article that appears in the American Institute of Certified Public Accountant's online Journal of Accountancy on correctly classifying independent contractors. The article points out that as many as 38% of the employers audited by the IRS have misclassified workers. The article cites the case...June 1, 2004
Heart attacks on the job: are they covered by workers compensation?
Lately, we've had several visitors to the site searching for information about heart attacks. We take that to mean that people are trying to determine whether a heart attack that occurs in the workplace is a compensable event. Not everything that occurs in the workplace is deemed compensable and that is particularly true of illnesses. Generally, a heart attack in...May 13, 2004
Workers Comp and Terror: The Long Shadow
An article by Anthony DePalma in today's New York Times (registration required) outlines the onging saga of workers' compensation claims stemming from the attacks on 9/11. In the immediate aftermath of the attacks, most of the approximately 3,000 fatalities probably involved workers comp: these people were working. They died at work. (Death benefits in New York are capped at a...April 20, 2004
Compensability: Driving "To and From"
In most states, an individual in the normal commute to and from work is not considered "in course and scope" of employment. If employees have accidents on the way to or from work, they are usually on their own and will not have access to benefits under workers compensation. However, there are a number of circumstances when employees may be...March 21, 2004
Mandatory fun: when recreational activities are compensable
Roberto Ceniceros of Business Insurance reports that the New Jersey Supreme Court recently awarded workers compensation benefits to an employee injured in a go-cart accident that occurred after hours. This finding reversed an earlier decision that dismissed the case as extracurricular horseplay. There are a lot of gray areas when it comes to compensability and recreational activities are among them....February 29, 2004
IBM cancer lawsuit - exclusive remedy, workplace illnesses, and technology industry exposures
Last week a jury found in favor of IBM by denying damages in a suit filed by two retired workers. The workers alleged that exposure to chemicals and toxins at an IBM plant led to cancer. This case points to several issues that should be of interest to employers and to those of us who work in the field of...February 22, 2004
Toxic mold and workers compensation: an issue for your watch list
The Sebastian, FL police station recently dealt with 21 toxic mold claims from employees who allegedly became ill from mold at the station. Fifteen cases were dismissed or settled for small amounts; another six involved lump sum settlements. Toxic mold is an issue to watch. It's a potentially explosive issue, and some in the industry liken it to asbestos or...January 23, 2004
Exclusive remedy, "bad faith" claims, and the $12 million lawsuit
Exclusive remedy generally protects an employer from a lawsuit. If an employee suffers a work related injury, the employer provides a state-regulated schedule of benefits to cover medical care and lost wages during recovery. In exchange for these benefits, the employee forfeits the right to sue. Workers compensation becomes the sole or exclusive legal remedy. Often, this protection is extended...January 6, 2004
You say it's your birthday?
...and those spankings from co-workers left you feeling a little bruised? Well you'll get no relief from the tort system, at least not in Minnesota where the Appeals Court invoked exclusive remedy as the only potential avenue of relief. It will be interesting to see if this passes the compensability test. Usually horseplay isn't compensable, but it can often hinge...November 18, 2003
