SD - Court Says No Proof Employer Knew Lack of Fall Protections Would Kill Roofer
08/12/2022 | 0
The estate of a roofer who fell 33 feet to his death can’t proceed with a tort suit because the employer did not know with substantial certainty that disregarding its own safety policies and federal workplace safety regulations would result in an accident, the South Dakota state Supreme Court said.
Although the death of Justin Althoff in 2016 was tragic, the high court said the estate at best established only that Pro-Tec Roofing Inc. consciously disregarded a known risk or was negligent. That’s not sufficient to escape the exclusive remedy of workers’ compensation.
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An Ohio appellate court upheld the denial of a worker’s request for an enhanced award of benefits for crush injuries to her hand that was caught in a machine.
Case: State ex rel. Levitin v. Industrial Commission, No. 20AP-495, 08/09/2022, published.
Facts: Rimma Levitin suffered injuries in June 2017 when her right hand was caught in the rollers of a cutting machine while she was working for the Menasha Corp.
Approximately 10 months before the accident, Menasha had renovated the machines by replacing their old guards with new ones fabricated to the same specifications. ...
The Commonwealth Court of Pennsylvania upheld the denial of a worker’s claim for penalties and attorney fees related to his employer’s failure to pay for his opioid medications.
Case: Hughes v. Wawa Inc. (WCAB), No. 826 C.D. 2021, 08/08/2022, unpublished.
Facts and procedural history: Frank Hughes suffered injuries in 2000 while working as a truck driver for Wawa Inc. He then filed a workers’ compensation claim.
In 2011, the parties entered into a settlement agreement resolving Hughes’ claim for wage loss benefits and describing his injuries as a low back herniated d...
The Mississippi Court of Appeals ruled that an injured worker was not entitled to reinstate his claim because it had become time-barred.
Case: Darty v. Gulfport-Biloxi Regional Airport Authority, No. 2021-WC-00986-COA, 08/09/2022, published.
Facts and procedural history: Robert Darty Jr. worked for the Gulfport-Biloxi Regional Airport Authority. He suffered injuries at work in June 2010.
The Airport Authority and its insurance carrier then began paying Darty disability benefits for about three years and provided medical services and supplies, including back surgery.
In December 2012, ...
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A 2013 market study indicated that 21% of the U.S. population reads science fiction. Science fiction films are even more popular.
If we’re so fascinated with speculation about the future, why do we look to the past instead of the future when we negotiate?
Instead of planning for a life without conflict, negotiating parties tend to dwell on issues of the past. For example, fixating on how much money has already been spent (called “sunk costs”) instead of on how much will be saved by settling now can get in the way of an objective case evaluation.
Litigation creates...
The Workers’ Compensation Insurance Rating Bureau of California has released its 2022 State of the System report highlighting key metrics of the state's workers’ compensation system, including the latest trends on rates, market characteristics and profitability.
This annual report is developed to provide workers’ compensation professionals with a comprehensive view of California’s workers’ compensation system based on the latest information. Findings were presented during the WCIRB’s annual conference in July.
Key findings from the report include:
P...
The California Assembly Appropriations Committee unanimously passed a multifaceted bill that, among other things, includes provisions aimed at helping the Department of Insurance crack down on fraud.
The committee voted 15-0 on Wednesday to pass SB 1242, by the Senate Insurance Committee, after finding it would result in minor and absorbable costs to the state.
The bill would require that brokers and agents receive fraud training as a condition of receiving and renewing a license. And it would require brokers and agents to report suspected fraud to the Insurance Department.
SB 1242 would al...
The Minnesota Department of Labor and Industry announced that Michelle Doheny will be the director of the Workers’ Compensation Division's new Business Technology Office work unit.
The new unit will manage the business needs, policies and priorities related to the use and ongoing support of key technology systems, including Work Comp Campus.
Doheny comes to DLI from the Minnesota Department of Human Services, where she worked since 2006.
She led information technology modernization efforts and built connections with business units and vendors to transform how the Human Services De...
The U.S. Department of Labor on Wednesday announced that it extended by 60 days the comment period for a proposal to revoke Arizona’s authorization to administer a state-run workplace safety program.
The Occupational Safety and Health Act of 1980 allows states to assume responsibility for developing and enforcing occupational safety and health standards. In general, state safety standards must be at least as effective as those of the federal government.
In April, the Department of Labor announced a proposal to review and potentially revoke final approval of Arizona’s state OSHA p...
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The Illinois Appellate Court ruled that the Workers' Compensation Commission abused its discretion and committed reversible error by excluding medical records to which the employer had stated that it had no objection.
Case: Cummings v. IWCC, No. 1-21-0956WC, 08/05/2022, unpublished.
Facts: Daniel Cummings worked for Future Environmental Inc. as a hazardous materials technician. His duties were to clean up hazardous materials, such as oil spills, and to clean petroleum products off the interior of tanks.
According to Cummings, the tanks he cleaned were cramped, enclosed spaces in which, ...
The Commonwealth Court of Pennsylvania ruled that an injured worker collecting a union pension and Social Security benefits had not voluntarily left the workforce.
Case: Hi-Tech Flooring Inc. v. WCAB (Santucci), No. 12 C.D. 2020, 08/09/2022, published.
Facts and procedural history: Michael Santucci had been a union member since 1985. In 2014, Santucci suffered a work-related injury to his right knee.
Hi-Tech Flooring Inc. issued a notice of compensation payable accepting liability and began paying temporary total disability benefits.
In 2017, Hi-Tech filed a petition to terminate paym...
The Tennessee Court of Appeals upheld a penalty assessment against an employer for failing to carry workers’ compensation coverage.
Case: Jase Enterprises LLC v. Bureau of Workers’ Compensation, No. W2021-00448-COA-R3-CV, 08/08/2022, published.
Facts and procedural history: In April 2019, the Tennessee Bureau of Workers' Compensation assessed a penalty of $37,457.32 against Jase Enterprises LLC for failing to secure workers’ compensation coverage for its employees.
Jase challenged the assessment, claiming it had no employees aside from Jason Usery, its owner, who had o...
New Mexico Workers’ Compensation Administration Director Robert E. Doucette Jr. announced the reappointment of Shanon S. Riley to serve a new five-year term as a workers’ compensation judge, effective Aug. 20.
Riley was initially appointed to a one-year term in August 2011. She was reappointed to serve a five-year term in 2012 and again in 2017.
Riley brought 10 years of experience practicing law with her when she joined the WCA.
She was working as assistant district attorney in the 1st Judicial District in Santa Fe when she was first appointed. She also brought to the ...
The Coalition Against Insurance Fraud will be discussing findings from a report on workers’ compensation issues during a Sept. 8 webinar.
The coalition said its Workers’ Compensation Task Force has been meeting for the last 15 months to work on the comprehensive study that will be released during the webinar.
“The report includes the first-ever estimated financial impact and addresses key ways to fight against all forms of comp fraud,” the coalition said in a statement.
A panel of industry experts and observers will share thoughts and experiences with comp fraud.
Tr...
The Illinois Appellate Court upheld a finding that an insurance carrier did not have a duty to defend or indemnify an electrical equipment service contractor from a lawsuit by a worker injured in a fire.
In 2017, George Moyett filed a complaint against Durkin Electric Co., Commonwealth Edison Co., Mid City Nissan Inc. and Tribus Services Inc.
Moyett alleged that Mid City owned and operated property at 3456 N. Kedzie Ave. in Chicago and that ComEd supplied, operated and owned the mechanical and electrical equipment on the property.
ComEd contracted with Durkin to provide ...
