A roofing contractor with a long history of violating workplace safety standards faces nearly $244,000 in proposed fines from the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) following a December 2010 inspection resulting in citations for alleged egregious, willful, serious, and repeat violations for failing to provide fall protection and having other workplace hazards.
OSHA previously cited Lessard Brothers Construction Inc. and its predecessor, Lessard Roofing & Siding Inc., 10 times for fall protection violations at various Maine work sites. OSHA inspectors found four Lessard employees exposed to potentially life-threatening falls of 23 feet while working on a steep-pitched roof at a work site. Due to management's knowledge of the hazard and the required safeguards, along with the company's extensive history of violations, Lessard was cited for four egregious, willful violations with $224,000 in proposed fines. (WCxKit)
Since October 28, 2010, according to Maine's workers compensation insurance verification system, Lessard Brothers Construction has been without workers compensation insurance coverage.
“This employer ignored the law and put workers’ lives at risk,” said Assistant Secretary of Labor for OSHA Dr. David Michaels. “OSHA's commonsense regulations save lives. Employers who ignore these regulations and endanger employees must face the consequences.”
In addition, Lessard was cited for two serious violations with $10,560 in proposed fines for an electrical hazard and for failing to train workers on electrical hazards and fall protection. The company also was cited for one repeat violation with a proposed fine of $8,800 for a lack of hardhat protection. The repeat citation stems from OSHA citing the company in January 2010 for a similar hazard.
“Falls are the number one killer in construction work,” said Marthe Kent, OSHA's New England regional administrator. “Employees in situations such as this are just one slip, trip or misstep away from a fatal or disabling fall. Responsible employers must ensure that effective fall protection measures are in place and in use every day on every job site.” (WCxKit)
This significant enforcement action qualifies Lessard Brothers Construction for OSHA's Severe Violators Enforcement Program (SVEP), mandating targeted follow-up inspections to ensure compliance with the law. Initiated in 2010, SVEP focuses on recalcitrant employers who endanger workers by committing willful, repeat or failure-to-abate violations.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com .
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Ireland’s Minister for
Agriculture, Marine, and Food, Simon Coveney TD, called on farmers and those who work in the agriculture sector to foster safety at the National Conference on Health and Safety in Agriculture this June, according to a report from Ireland’s Health & Safety Executive (HSE).
“The challenge that we face is to change behavior and attitudes so that safe working becomes second nature. In recent years the number of fatal accidents in agriculture has been higher than in any other sector,” Coveney said. “The industry is expanding and creating new jobs and this is to be welcomed. However, we don’t want to see a corresponding increase in lives lost.”
Martin O’Halloran, CEO of the Health and Safety Authority, echoed the minister's concerns about the potential for further increased accidents in agriculture and related industries. “As the activity level in agriculture increases so does the risk of increased fatalities, injuries and work related illness,” he said. “We are committed to working with the key players in the agriculture sector to reduce fatalities, accidents, and work-related ill health. This approach of working in partnership with the strategic partners has been proven to work in other sectors such as construction.”
John Bryan, IFA president, chaired the proceedings and reaffirmed his support for the Farm Safety Partnership in promoting increased awareness at farm level. “The Farm Safety Partnership has real focus on the key issues and has introduced initiatives in the areas of tractor safety, child safety and livestock safety. Each of these is important in delivering the overall safety message. There must also be an emphasis on getting information to older farmers, who are particularly vulnerable," he said.
Coveney launched a new HSA guide, Guidance on Safe Handling of Cattle on Farms, at the conference. The guide was developed with assistance from members of the livestock safety working group of the Farm Safety Partnership.
The Teagasc Research Centre also provided valuable data for the guide. Teagasc director, Prof. Gerry Boyle said Teagasc is committed to continuing to work in partnership with farmers through Ireland's Farm Safety Partnership. “I would appeal to farmers to use our advisory and training services for health and safety to improve on-farm standards and practices,” he said. “We are currently conducting seven research studies related to health and safety in agriculture and we will then ensure that these findings are implemented at farm level.” (WCxKit)
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com .
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
In the new Global Report on Equality at Work 2011, the International Labor Office (ILO) is stating that in spite of continuous positive advances inanti-discrimination legislation, the global economic and social crisis has led to a higher risk of discrimination against some groups like migrant labour.
“Economically adverse times are a breeding ground for discrimination at work and in society more broadly. We see this with the rise of populist solutions,” said ILO Director-General Juan Somavia, adding, “this threatens painstaking achievements of several decades.” (WCxKit)
The report entitled
Equality at Work: The Continuing Challenge, cites equality bodies which receive increased numbers of complaints, showing that workplace discrimination has become more varied, and discrimination on multiple grounds is becoming the rule rather than the exception.
It also warns against a tendency during economic downturns to give lower priority to anti-discrimination policies and workers’ rights in practice. “Austerity measures and cutbacks in the budget of labor administrations and inspection services, and in funds available to specialized bodies dealing with non-discrimination and equality, can seriously compromise the ability of existing institutions to prevent the economic crisis from generating more discrimination and more inequalities,” the report says.
According to the report, the lack of reliable data in this context makes it difficult to assess the exact impact of these measures. It therefore calls on governments to put into place human, technical, and financial resources to improve data collection on discrimination at the national level.
The report also notes that new forms of discrimination at work arise while the old challenges remain at best only partially answered.
Among the key findings of the report:
1. Significant progress has been made in recent decades in advancing gender equality in the world of work. However, the gender pay gap still exists, with women’s wages being on average 70 to 90 percent of men’s. While flexible arrangements of working schedules are gradually being introduced as an element of more family-friendly policies, discrimination related to pregnancy and maternity is still common.
2. Sexual harassment is a significant problem in workplaces. Young, financially dependent, single, or divorced women and migrants are most vulnerable, while men who experience harassment tend to be young, gay, or members of ethnic or racial minorities.
3. Combating racism is as relevant today as it ever was. Barriers impeding equal access to the labour market still need to be dismantled, particularly for people of African and Asian descent, indigenous peoples and ethnic minorities, and above all women in these groups.
4. Migrant workers face widespread discrimination in access to employment, and many encounter discrimination when employed, including access to social insurance programs.
5. Rising numbers of women and men experience discrimination on religious grounds, while discrimination based on political opinion tends to take place in the public sector, where loyalty to the policies of authorities in power can be a factor in access to employment.
6. Work-related discrimination continues to exist for many of the world’s 650 million persons with disabilities as their low employment rate reveals.
7. Persons with HIV/AIDS can suffer discrimination through mandatory testing policies, or testing under conditions, which are not genuinely voluntary or confidential.
8. In the European Union, 64 per cent of those surveyed expected that the economic crisis would lead to more age discrimination in the labour market.
9. In a limited number of industrialized countries, discrimination based on lifestyle has emerged as a topical issue, especially in relation to smoking and
obesity. (WCxKit)
The Global Report recommends four priority steps to combat discrimination including the promotion of the universal ratification and application of the two fundamental ILO Conventions on equality and non-discrimination; the development and sharing of knowledge on the elimination of discrimination in employment and occupation; development of the institutional capacity of ILO constituents to more effectively implement the fundamental right of non-discrimination at work; and strengthening of international partnerships with major actors on equality.
1. Equality at Work: The Continuing Challenge, Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, International Labour Conference, 100th Session 2011, International Labour Office, Geneva.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact:RShafer@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com.
Workers compensation is a type of insurance employers are required to have to provide benefits to employees who are injured on the job or become ill due to on the job exposures. Workers compensation (work comp) insurance provides the injured employee with medical benefits and partial wage replacement benefits. All 50 states, the District of Columbia, Guam, the Virgin Islands and Puerto Rico have workers compensation statutes. Each jurisdiction has their own unique provisions as to what their work comp laws provide.
Work comp provides benefits to the injured employee without regard as to whose fault the accident was. In return for the guaranteed benefits, the employee can not bring legal action against the employer if the employer was in someway negligent and caused the accident. The employee is not compensated for any pain and suffering that occurs as a result of the accident. (WCxKit)
Work comp has been referred to as a combination of health insurance, disability insurance and life insurance for employees. When the employee is injured or has an occupational disease, work comp pays the medical bills like health insurance does and provides partial wage replacement like disability insurance does. If the employee dies as a result of the injury or occupational disease, work comp will pay benefits to the dependents as a form of life insurance. Work comp does not pay any of these benefits if the employee injury occurs away from the job.
Employers in Ohio, North Dakota, Puerto Rico, the Virgin Islands, Washington State and Wyoming are required to purchase their workers compensation insurance from the state/territory government. In the other states, D.C and Guam, the employers can buy their work comp coverage from a private insurance company or in most states, self insure, if they are large enough to handle the financial risk. Some states allow smaller employers to join together to self insure. About a dozen states give the employer the option of buying the insurance from the state government. Texas is the only state that classifies work comp as voluntary insurance. If a Texas employer does not have work comp coverage, the injured employee can bring a lawsuit against the employer for their injuries.
In most jurisdictions there are four primary types of benefits available to the employee. They are medical benefits, disability benefits, vocational rehabilitation and death benefits. Medical benefits pay for all types of medical expenses including doctors,
hospitals, prescriptions, durable medical equipment and other medical providers (like nursing services, chiropractors, physical therapist, etc).
Indemnity benefits can be broken down into four primary types in most jurisdictions:
1. Temporary total disability
2. Temporary partial disability
3. Permanent partial disability
4. Permanent total disability
Temporary total disability benefits are the most common indemnity benefit. The injured worker receives on a weekly or a bi-weekly basis a portion (two-thirds in most jurisdictions) of their average weekly wage until they are able to return to work.
If the injured worker is able to return to work , but only for a part of the time, or at a reduced rate of pay, temporary partial disability benefits are provided to make up a portion of the lost income until the employee is able to return to work full time.
When the employee receives a permanent injury and will be partially disabled as a result of the injury, permanent partial disability is paid to the employee to compensate for their future loss of earning capacity due to the partial disability.
If the employee receives an injury that is very severe, and the employee will never be able to return to any type of work, the employee is paid permanent total disability benefits which can either be for a set of number of weeks (for example – 500 weeks) or is paid disability benefits for life, depending on the state law.
Vocational rehabilitation benefits are designed to assist the employee who is permanently partial disabled and is unable to return to work for the employer. The vocational rehabilitation benefits assist the employee in being trained for another job or obtaining the education needed to perform other work. (WCxKit)
Death benefits (usually in amount similar to the weekly disability benefits) are paid to the surviving spouse, dependent children or other dependents of an employee who is killed on the job or dies as a result of an occupational disease. Death benefits vary by jurisdiction, with some jurisdictions requiring death benefits be paid to the surviving spouse for life while other jurisdictions cap death benefits at a certain number of weeks (for example 400 weeks) or at a set dollar amount (for example ($250,000). Dependent children usually receive a portion of the death benefits until they are 18, or 22 if attending college. Surviving spouses normally lose the death benefit if they remarry.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact:RShafer@ReduceYourWorkersComp.com .
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
The Columbus (Ohio) Fire Division battalion chief who was the first female in that position has come up short in the discrimination lawsuit she filed against the city in federal court.
According to The Columbus Dispatch, U.S. District Judge Michael Watson dismissed Yolanda Arnold's claims that she had been harassed due to the fact she is black and that she had suffered retaliation because of her discrimination claims. Arnold also claimed she was humiliated and embarrassed. (WCxKit)
Watson ruled recently that Arnold did not offer specific proof of her allegations in three years of court proceedings that included a number of depositions of witnesses and presentations of exhibits like emails, newspaper stories and other documents.
According to Watson, a large amount of the evidence was hearsay, which was not admissible direct evidence of discrimination.
Arnold, 55, who is still a Columbus fire battalion chief, said recently that she is appealing the judges decision to dismiss her suit.
The lawsuit originated from allegations by city building inspectors in 2004 that fire inspectors under Arnolds command were missing inspections and collecting overtime pay.
Separate investigations by the Columbus police and fire divisions detected no wrongdoing. A third investigation, by a private attorney, reported management problems in the Fire Prevention Bureau, which Arnold oversaw, but it also found that claims of racial discrimination in the bureau were unfounded.
At the time of the third investigation, Fire Chief Ned Pettus accused Arnold of lying to investigators and suspended her for a week. She also was removed from the Fire Prevention Bureau.
Arnold filed the lawsuit in January 2008. Watsons ruling was in response to a request from the city for a summary judgment against Arnold.
Ten other Columbus firefighters who were employed as fire inspectors filed three similar discrimination lawsuits against the city in federal court. (WCxKit)
Watson dismissed a pair of those suits on March 31, the day he also threw out Arnolds. A third is pending.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
When most people think of labor unions and workers compensation, they think of the role of unions in supporting questionable workers compensation claims. When a factory closes and then most of the union work force files belated worker's compensation claims, at the encouragement of the local labor union, the union gets a black eye and a soiled reputation.
It does not have to be this way. Unions can have a positive role. When unions
support safety improvements, they are providing an important benefit to their members and they are assisting the employer in lowering the cost of workers compensation. Union support for OSHA programs can be instrumental in improving the safety within an industry. Unions have also promoted the use of safety gear including hard hats and protective eyewear. (WCxKit)
While unions have often promoted safety in the work place, unfortunately some public sector unions have fought against drug testing of employees, resulting in unnecessary injuries to employees and unnecessary workers compensation expense for the employers. However, some unions in the private sector have worked with employers to develop and implement fair and equitable drug testing policies.
In the states where the employers do not have to hold open a job for an injured employee, unions can make a difference. Often the union will have a labor agreement requiring the employer to hold open the injured employee's job until the employee can return to work. In addition, the union can track workplace accidents and make recommendations on ways to reduce the number of accidents.
The union representative or steward will normally guide the injured employee through the work comp process, starting with arranging immediate medical care for an employee hurt on the job. This is a good thing as the sooner the employee is treated for an on-the-job injury, the higher the probability of a faster recovery. However, the union involvement can quickly go from good to bad when the union encourages an employee to stay off work longer than necessary because the union has some other quarrel with management.
When unions boast that the union members receive more in workers compensation payments than non-union employees do, they may think that sounds like a good thing, but in reality, it is stating they create more waste in the workers compensation system. Every state requires the exact same benefits for
medical, indemnity and vocational rehabilitation for non-union members as they do for union members.
Contrary to what some union leaders tell their members, employers do not have unlimited funds for workers compensation. Unions often err when it comes to workers compensation by putting the “rights” of one injured worker ahead of the best interest of all employees and the employer. When a union files a grievance on behalf of an injured worker who is overstating his/her injury or an injured worker who is trying to commit workers compensation fraud, any benefits paid to the injured worker reduces the amount of money the employer will have to provide benefits to legitimately injured workers. (WCxKit)
The same logic applies when the union representative or union steward automatically requires (“request”) all injured employees to go an attorney chosen by the union to represent the employee in their work comp claims. The additional expense that the attorney creates in the claim comes out of the employer's pocket whether the employer is self-insured, or pays it latter through higher insurance premiums. The additional cost of the represented workers compensation claim reduces the amount of money the employer has for work comp and other employee benefits.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
The AFL-CIO's latest annual study, "Death on the Job: the Toll of Neglect," states 4,340 workers died on the job in 2009, an average of 12 per day, and an estimated 50,000 died from occupational diseases, according to data from the Bureau of Labor Statistics.
More than 4.1 million work-related injuries and illnesses were reported, but due to underreporting, the true extent of job injuries is two to three times greater—about 8 million to 12 million job injuries and illnesses each year, according to the AFL-CIO. (WCxKit)
In 2009, Montana paced the country with the highest rate of worker fatalities, with Louisiana, North Dakota, Wyoming, and Nebraska following close behind. The lowest fatality rates were reported in New Hampshire, Rhode Island, Massachusetts, and Delaware.
The report indicates economic conditions and layoffs played a key role in the falling rates of workplace fatalities and injuries in 2009. The report also notes federal OSHA inspectors can inspect workplaces once every 129 years on average and state OSHA inspectors would take 67 years to inspect all workplaces.
OSHA penalties for serious violations are $1,052 per violation for federal OSHA inspections and $858 for state plans. In cases involving worker fatalities, the median total penalty was $5,600 for federal OSHA and $4,543 for OSHA state plans. Oregon had the lowest median penalty for fatality investigations, while New Hampshire had the highest. The report says recent budget proposals that slash OSHA's funding would decimate its enforcement ability.
"Our work is never done when it comes to workplace safety — the tragedies in the last year at Massey Energy's [Upper] Big Branch mine and the BP Gulf Coast oil rig have shown us that," said AFL-CIO President Richard Trumka. (WCxKit)
The report shows Hispanic workers continue to be at higher risk of job fatalities; their fatality rate of 3.7 per 100,000 workers in FY 2009 compared with 3.3 per 100,000 in the general population. More than half of the fatalities involving Hispanic workers were among workers not born in the United States.
To view the full report, go to: http://www.aflcio.org/issues/safety/memorial/upload/dotj_2011.pdf.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com or 860-553-6604.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
When an employee is injured due to the negligence of someone else, they have the legal right to pursue a claim against the person or company that caused them the injury. However, in most situations the employee will elect to pursue a worker compensation claim against the employer. When it is said an insurance company or self-insurer has the “right of subrogation”, it means that the insurer, upon payment of a claim due to the negligence of someone else, is substituted for the employee in the right to pursue the recovery of damages from the person or company who caused the injury. Some of these subrogation claims will be product liability actions against the manufacturer of equipment that injured on which an employee was injured.
Subrogation is based on the principles of negligence and tort, or better understood as “someone else is at fault and they should pay for it.” Workers compensation adjusters who are cross-trained as liability adjusters seldom miss the opportunity to pursue subrogation against another party. Unfortunately, in today's insurance world, most workers compensation adjusters are specialists in work comp and have little, if any, background in liability claims. This results in the work comp adjusters often missing subrogation opportunities. (WCxKit)
The workers compensation adjusters normally recognize subrogation in situations that occur frequently like car accidents. The work comp adjusters know that another person caused the car accident and they can recover from the driver (or the insurance company) of the other car. It is unique or unusual situations where subrogation is often overlooked by the work comp adjuster. Some actual examples of missed subrogation include:
1. The deliveryman bitten by the homeowners dog
2. The meter reader who stepped in a hole in the yard
3. The policeman assaulted during the arrest of a criminal suspect
4. The electrician shocked / electrocuted by the faulty work of a prior electrician
5. The factory worker injured by a machine malfunction
6. The construction worker injured due to a ladder failure (or the failure of scaffolding)
7. The carpenter injured by a nail gun that malfunctioned
8. The office worker who tripped on new carpet that was installed incorrectly
9. The strip club dancer whose dance pole collapsed unexpectedly
10.The preacher who banged his hand on the pulpit to emphasize a point and the pulpit splintered, puncturing his hand
11.The grocery store clerk who opened a newly delivered box of produce and was stung by a scorpion
The above list of missed subrogation opportunities is only a very small example of possible subrogation recoveries. The actual list of subrogation possibilities is almost endless.
There is one major benefit to the insurance company or self-insurer from the pursuit of subrogation – every dollar recovered through subrogation goes straight to the bottom line of the company's financial statement. The amount paid on the claim is immediately apart of the money going out – the liability has been incurred and paid. When a dollar is recovered through subrogation, it is profit added immediately to the bottom line.
With the financial aspect of subrogation, you would think the insurer or self-insurer would carefully search for subrogation opportunities. However, when the work comp adjuster is reviewing the file, if they do not understand tort law, they will not recognize the potential for subrogation. Unfortunately, the work comp adjuster's supervisor or claims manager will often not recognize subrogation either, as their claims background and expertise is in workers compensation, not liability claims or tort.
To find the missed subrogation opportunities, the workers compensation claims office should bring in an outside, independent claims auditor who has both an extensive background in work comp claims and an extensive background in liability claims. It takes this dual knowledge to perform a subrogation audit successfully.
The subrogation audit will identify missed subrogation opportunities and maximize the recoveries of the money paid on the workers compensation claims. The sooner the subrogation opportunity is identified, the easier it is to document the claim with the proper investigation needed to pursue the subrogation. However, to maximize the recoveries, the subrogation audit should include not only the open files, but also all closed files that are still within the statute of limitations. (WCxKit)
If you are interested in a subrogation audit for your company, please contact us as we have experienced, independent subrogation auditors that are willing to assist you in the recovery of previously missed subrogation opportunities. Our subrogation auditors can work on site or remotely with electronic files, whichever is best for your situation. The auditors can review all files of just the files over a pre-determined dollar threshold. Most subrogation audits can add money to your bottom line.
Author Rebecca Shafer, JD, President of Amaxx Risks Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and website publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. See www.LowerWC.com for more information. Contact: RShafer@ReduceYourWorkersComp.com.
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact info@ReduceYourWorkersComp.com.
According to a recent Supreme Court of Texas ruling, parents of a woman who drowned after her car missed a bridge can't sue the contractor who worked on and fixed the bridge.
According to setexasrecord.com, all nine Justices were in unison that Allen Keller Co. owed no duty to alter the design of the job or to warn the public of a hazardous condition. (WCxKit)
Justice Debra Lehrmann stated that any decision to rectify the condition would have had the effect of changing the terms of a contract. "Moreover, because Keller did not own the property, it was not in a position to make decisions about how to make the premises safe," Lehrmann wrote.
Gillespie County hired Keller for excavating an embankment and erecting a concrete channel next to a one lane bridge running across the Pedernales River.
The contract mandated Keller to adhere to specifications that O'Malley Engineers of San Antonio produced. O'Malley personnel visited the site from time to time, and a county representative appeared nearly every day.
"Prior to excavation, there was a space of approximately ten feet between the bridge and the embankment, most of which was spanned by a guardrail that was connected to the bridge," Lehrmann wrote.
"After Keller excavated a portion of the embankment to erect the pilot channel, as called for by the engineering plans, the gap between the end of the guardrail and the embankment was widened by at least ten feet."
"The contract specifications did not include extending the guardrail," she wrote.
Keller completed the job eight years ago, O'Malley certified it, and the county accepted it.
On a rainy night, a car slid out of control on a sharp curve heading down to the bridge. Passing through the gap between the guardrail and the embankment, the car plunged into the river.
The driver and a passenger escaped, but car owner Courtney Foreman was not as fortunate, drowning at the scene.
Parents Barbara Foreman and Steven Foreman sued the driver, Gillespie County, O'Malley Engineers, Keller, the city of Fredericksburg and the Texas Department of Transportation.
The Foremans settled with the driver, the county and the engineers, and they removed claims against the city and the state.
Keller moved for summary judgment and District Judge Stephen Ables granted it.
Fourth District appeals judges in San Antonio reversed Judge Ables, finding Keller was at fault in addressing whether it led to a dangerous condition.
They stated Keller could have foreseen the accident. The appellate justices held that completion and acceptance of the work didn't relieve Keller of a duty to protect the public, but the Supreme Court ruled otherwise.
"The presence of an unreasonably dangerous condition, of course, weighs in favor of recognizing a duty," Lehrmann wrote.
"The consequences of placing a duty on Keller to rectify the condition in these circumstances, however, lead us to conclude that Keller owed no such duty."
"Keller's contract with the county required absolute compliance with the contract specifications," she wrote.
She found evidence that deviation from the specifications could have resulted in no federal funding.
Lehrmann wrote that at oral argument, counsel for the Foreman’s argued Keller should have warned the county of the potential danger.
"We have never held that a contractor may owe a duty to warn a premises owner of a danger on the premises owner's own property," she wrote.
She wrote that the county knew the conditions at the location. (WCxKit)
"Keller was a contractor, not an engineer, and its work was certified by the engineer before it left the project site," she said in conclusion.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact: Info@ReduceYourWorkersComp.com
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
©2011 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@ReduceYourWorkersComp.com
The Food and Drug Administration (FDA) has ordered all producers of “metal-on-metal” artificial hips to undertake studies tied to high early failure rates and major negative health effects.
According to several media reports, the producers of “metal-on-metal” hips are required to conduct studies of patients to determine whether the implants are shedding high levels of metallic debris. The FDA sent the request to J&J and 20 other device makers, including Biomet Inc., Stryker Corp. and Zimmer Holdings Inc., asking them to conduct post-market surveillance of the hip replacements. Metal-on-metal hips, in which the ball-and-socket components are made from metals like cobalt and chromium, accounted for about one-third of the 250,000 hip replacement procedures preformed annually in the United States. (WCxKit)
The British Orthopedic Association, stated that one model of all-metal hip made by a unit of Johnson & Johnson was projected to not work in one-half of the patients who received it within six years after implant. The company no longer sells the ASR device. The British medical group also estimated, based on hospital data that the early failure rate for all-metal hips made by other manufacturers was higher than expected, ranging from 12% to 15% within five years after implant. Artificial hips are designed to last for 15 years or more.
According to Dr. Maisel, FDA. official, it was up to each manufacturer to determine how to conduct its studies. Under the agency rule, producers have 30 days to file a proposed plan with the FDA. He also indicated companies would be expected to collect information from patients who received the devices, including taking blood samples to determine the levels of metallic ion in their systems. The companies are also being asked to figure out how often the devices are not working. (WCxKit)
Along with the DePuy division of Johnson & Johnson, other major producers of hip implants include Zimmer, Stryker, Biomet and Wright Medical.
Author Robert Elliott, executive vice president, Amaxx Risk Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers Compensation costs, including airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. See www.LowerWC.com for more information. Contact:Info@ReduceYourWorkersComp.com
Our WORKERS COMP BOOK: www.WCManual.com
Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.
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