A British manufacturing firm has been sentenced after a worker's hand was crushed in a metal press at a St Helens factory, according to a report from the Health and Safety Executive (HSE).

 

 

Barry Kelleher lost his little finger and part of the palm on his right hand as a result of the incident at Crane Building Services and Utilities. The 47-year-old from Leigh also needed two skin grafting operations.

 

 

The owner of the factory, Crane Ltd, was prosecuted by HSE after an investigation found the machine could still be operated when a workers hand was underneath the mould. Note:  Physical guards and light curtains generally prevent a workers hand from entering the pinch point area.

 

 

Knowsley Magistrates Court in Huyton was told the machine had been installed at the factory on Delta Road in St Helens in 1967, but had not been upgraded to comply with modern health and safety laws.

 

 

Kelleher does not remember the incident on Jan. 19, 2011, which occurred while he was using the press to mold metal parts, used by the gas industry.

 

 

However, the HSE investigation concluded that the most likely explanation is that he inadvertently pressed the foot pedal on the machine while his hand was under the mould.

 

 

Crane Ltd pleaded guilty to a breach of the Provision and Use of Work Equipment Regulations 1998 by failing to prevent workers from being able to access the dangerous parts of the machine while it was operating.

 

 

The company, of West Road in Ipswich, was fined $15,530 and ordered to pay $7,080.77 in prosecution costs.

 

 

Kelleher was off work for seven weeks as a result of his injuries, before returning to work initially for one day a week.

 

 

Kelleher was one of more than 3,800 workers who suffered a major injury while at work in the manufacturing industry in Great Britain in 2010/11. Another 27 lost their lives.

 

Note: machines should be designed so that when body parts are in or near a pinch point, the machine will not operate; machines are then said to be "fail safe." If an adjuster sees such an injury, they must make serious inquiry into whether the machine manufacturer should be brought into the situation as a third party or subrogee.

 

 

 

Posted in Legal Doctrines, Medical Issues, Safety and Loss Control, WC in Other Countries (International) |

 

 

 

In Part III, we look at the physical examination in light of the patient’s history and expand on implementation of conservative primary care services that we can provide within our current scope of practice. The utilization of doctors of chiropractic (DCs) to coordinate patient care should help reduce our nation’s health care costs by preventing and managing chronic illness¹. The importance of the interview process during the subjective history taking comes to light at the first encounter. The specific details we ferret out during the subjective history taking help us start to make a mental checklist of differential diagnoses and what we will need to consider so we may narrow the diagnosis into a rational hypothesis. This mental triage process helps direct us through the patient’s examination and to plan the diagnostic procedures we may want to perform or order. Let’s use the example of a fairly comprehensive office visit as a review exercise. [WCx]

Every new patient encounter, change in condition or break in care should include the vital statistics in the office visit. These objective measurements include the height, weight, body mass index (BMI), heart rate or pulse, respiratory rate, blood pressure and pulse oximeter measurement of oxygen saturation. If any of the vital signs are not within normal limits, they should be tracked on a regular basis to determine if a specialist consultation and/or further medical intervention is needed, as this is part of our role. The health-promoting influence of primary care has been accumulating and holds true in both cross-national and within-national studies². In some situations, we may be the only physician seeing the patient on a regular basis, making it even more important that we track abnormal vitals, direct our care to reduce illness, and prevent end-organ damage and premature death. Obesity, adult-onset diabetes, vitamin D deficiency, hyperlipidemia, hypertension, tobacco, alcohol, drugs, and use of excessive medications are co-morbidities that we see every day. Following the patient encounter, we should be able to describe the patient in detail, including his or her emotional state. It is helpful to note if the patient appeared to be pleasant and cooperative, if he or she was well groomed and what his or her mood was like: good, somber, anxious or depressed. Patients frequently present to a DC in pain, and are often seeking manual medicine. The understanding of the patient’s emotional state gleaned through the history and examination helps us grasp mental health in relationship to pain, which aids in our biopsychosocial approach to care of the patient.³ Assessing the mental health of our patients also gives indications of whether there may be symptom amplification, symptom modification due to mental overlay (i.e., depression often increases pain and creates avoidance patterns), co-dependence on a practitioner and the overall likelihood of whether the patients will engage successfully in our treatment plan.

 

If there was trauma, did the patient hit his or her head? If there was head trauma, was there a loss of consciousness, blurred or double vision, an associated headache or changes in the ability to remember things or difficulty with concentration? Furthering the discussion, has there been any loss of sleep or sleep disturbance? Have there been unusual emotional changes or mood swings? Is the patient clearly oriented to time, place and person, and is the patient a good historian? Are short- and long-term memory, cognition and general fund of knowledge good? Are the attention span and concentration good? At this point, do you need to set aside time for a mini-mental status examination? Does examination of the head and cranial nerves suggest a need for imaging of the head or perhaps a neurological consult?

 

 

In general, can you describe the patient as being well developed and well nourished? If not, what is the patient’s appearance? A patient who is not nutritionally sound does not have the nutrient building blocks to respond to the physical changes your treatment plan may require. This is an opportunity to discuss diet and lifestyle changes. Based on the patient history, risk factors, vital statistics, appearance of the skin, color of the membranes and body build, do you suspect any cardiovascular problems or chest disease? When you listen, is the chest clear to auscultation in all lobes? Is there any tactile fremitus? Does the cardiac exam demonstrate normal S1 and S2 heart sounds? Are there S3 or S4 sounds? Are the heart rate and rhythm unremarkable, or are there murmurs, rubs or gallops? Is there any peripheral edema? If so, we need to describe the extent and severity in our notes. Based on the auscultation of the heart and lungs, do we need further testing or a specialty consultation? If the female patient is seen regularly by a gynecologist or internist, the breast examination can be discussed as being up to date, and charted as being deferred. Continuing with the thoracic/chest examination, is the trachea in midline? Is there thyroid enlargement or a palpable nodule? Is there hoarseness? Does the patient need an EENT consult? Does auscultation of the carotid arteries reveal good up strokes, and are they negative for bruit? Is there any jugular vein distention? Is there any indication that the patient would be at increased risk for spinal manipulation of the neck?

 

 

Before we palpate the abdomen of the patient, we should have determined through the history if there were any reported bowel, bladder, liver, gallbladder, spleen or pancreatic concerns? It is not at all uncommon for pathology of the abdomen to refer pain to the flank and back. Are the bowel sounds normal, or is there an absence of normal bowel sounds that could suggest an obstruction? Are the superficial reflexes present at the four quadrants? Is the abdomen non-tender or tender to palpation, and if tender, where? Is the liver or spleen enlarged? Are there any abnormal pulses or masses on abdominal palpation? If there is flank or chronic back pain, should we order a routine urinalysis, a CBC and ESR or imaging studies? If the patient is seen regularly by a family practice doctor or an internist, the male’s prostate and for both sexes the rectal examination, can be discussed and charted as being deferred, or the exam can be performed if necessary based upon the chief complaint. [WCx]

A wide variety of abnormalities contribute to indigestion and to the development of gastrointestinal complaints. This is sometimes a complex issue, and the role of testing for H. pylori infection in GERD remains controversial. The implications of test results with false positive and false negative results remain incompletely understood. Patients with chronic digestive problems may have had diagnostic testing, including endoscopy and colonoscopy with biopsy. If these studies have been done, do we know that life-threatening pathologies have been ruled out? We suggest looking at the role of obesity, diet and lifestyle in our patients with gastrointestinal complaints, and refer the reader to the relevant patient education resources provided at eMedicine’s website for heartburn, GERD and reflux disease. In difficult cases that are non-responsive to conservative care, a referral to a gastroenterologist for co-management is most appropriate.

 

 

On your intake paperwork, did the patient complete a pain drawing? Was the severity of the pain indicated on the 11-point 0 to 10 centimeter pain scale, or did you simply ask the patient to rate the pain on a 0 to 10 scale for you? It is important to chart the description as to the nature and character of the pain problem, either using a key to types of pain on the pain diagram, or simply ask the patient to describe the nature and character of the pain. As you watched the patient move, did facial expressions during testing suggest pain; did he or she grimace, or show a facial expression of distress? As the patient sat still or moved, did he or she moan or cry out in pain? It is important to chart how pain was characterized by the patient for our record. Is the patient’s pain drawing anatomical; is it free from signs of embellishment? Do we see or suspect Waddell signs; are there any issues of secondary gain? Describe the patient’s standing or sitting posture and movement from sitting to standing. Is it normal or is there a Tripod or Minor’s sign? Is the stance and gait normal/abnormally wide, stable or unstable? Do we want our patient to do a tandem walk to better assess balance? Is he or she able to walk on his or her heels and toes and squat with good strength? To test proximal muscle strength, is the patient able to duck walk? Is Patrick’s figure four sign negative for hip disease? Palpate the area of concern for tenderness with appropriate pressure and percussion. Does the patient have a facial expression of distress with this type of provocative testing? Note the patient’s skin color and turgor. Are they normal? Is any lymphadenopathy noted? Is there any palpable mass or tenderness in the supraclavicular fossa, axilla or groin? It is helpful as a starting point in care to record all abnormal spine or joint motions using the appropriate measuring device, goniometer for joints and the inclinometer for the various regions of the spine. Based on the history and red flags, is imaging indicated? Are there signs of inflammation? Is the problem unilateral and focal, or is it bilateral and symmetrical, involving multiple joints and tissues? Is there an indication to look at the serum biomarkers for inflammation or autoimmune disease? The medications routinely used should be discussed, and while botanicals and more natural alternatives may be useful, we realize they are not all entirely free from side effects and they can interact with prescription medications and represent a good topic for further discussion.

 

 

For the motor and sensory examination, we record muscle strength by the Medical Research or Kendall Scales (graded 0 to 5) (R/L). In the assessment, are the limbs symmetrical in bulk, strength and tone? If you record the grip strength by dynamometer, always indicate if the patient is right- or left-handed. Are the muscle stretch reflexes symmetrical at the deltoid, biceps, triceps, brachioradialis, wrist, patella, hamstring and ankle? Is the radioperiosteal reflex normal? Is side-to-side evaluation of sensation over the dermatomes using pinprick and light touch intact or altered? Are good joint position and vibratory sense observed distally at the great toes? Do the patient’s feet look healthy? Is there an indication for further testing, metabolic laboratory or electrodiagnosis? If these are abnormal, is an internal medicine consultation indicated? The number of specialist consultations has doubled over the past decade, from 4.8 percent in 1999 to 9.3 percent in 2009. While some policymakers are concerned about this added cost of specialization, many physicians in ambulatory primary care⁴,like chiropractic physicians, understand our expertise is primarily musculoskeletal medicine and manual therapies, and while we recognize our limits, we also understand our responsibilities as physicians. If there is a spine problem, is the Valsalva maneuver provocative for disc occlusion pain in the cervical, thoracic or lumbar spine? Is there evidence of nerve root tension in the arm or leg? The list of orthopedic and neurological tests can be long, and all examination findings help paint a picture that tells the patient’s story. If plain films or advanced imaging were deemed clinically necessary, how do they correlate with the chief complaint? If a trial of manual therapy and spinal manipulation is indicated, is the patient responsive? If it is essential to the examination, do the patient’s cranial nerves appear to be grossly intact? Are the sclera anicteric, and are the conjunctiva normal? Are the pupils equal and active? Are they reactive to light and accommodation? Is visual acuity corrected? Are the visual fields full? If a funduscopic examination was not performed, was it because there was no complaint to suggest increased intracranial pressure? If it was performed, was the funduscopic examination benign with no exudates? Is there hemorrhage or papilledema to suggest increased intracranial pressure? Are the teeth in good repair? Is a consultation needed with an eye specialist or a dentist? Are there any Long Tract signs? Is the plantar response flexor or extensor, and is Oppenheim’s sign negative? Is there any clonus, or a Hoffman’s sign? Are the finger- to-nose, finger-to-finger and heel-to-shin tests normal? Is there any evidence of downward drift? Is Romberg’s sign absent? Is the patient safe at home? Is the patient at risk of falling at home? If so, does the family know, and is further testing or assistance indicated? Are pulses present at the wrists, ankles and dorsum of the feet? Are the hands and feet warm and dry? Do you observe any cyanosis or clubbing of the distal digits? Do the nails appear smooth with good color and capillary refill? Are there any bruises or cutaneous rashes? Does the bruising reflect a trauma or a clotting problem? If present, does the rash represent a focal response, or is it a more generalized process? [WCx]

 

 

You have given this patient a comprehensive physical examination, and based upon the patient’s history, your findings and any special tests, you should be able to plan appropriate care and make necessary referrals for secondary or tertiary care. Of course, not every patient being seen in chiropractic medicine needs a comprehensive evaluation, but if we happen to be the first-choice physician, we have an obligation in our role of primary care physicians to triage the patient and provide not only the best possible care, but make appropriate referrals when necessary. This obligation occurs not only at the point of an initial office visit but also when there is a change in symptoms, an additional chief complaint or an office return after a break in care. The accessibility of the nation’s chiropractic physicians for conservative primary care of non-institutional patients⁵ using the primary care model should enable the DC to become more involved in the discussion of cost-effective health care policy. It has been found that provider continuity is one of the most important explanatory variables related to the total health care cost.⁶

 

 

Dr. Radford is the director of the Chiropractic Clinic of Solon, Dr. Winterstein is the president of National University of Health Sciences, Dr. Jones is the president of New Mexico Chiropractic Association and ACA’s delegate to New Mexico and Dr. Seaman is a professor of clinical sciences at National University of Health Sciences’ Florida campus. Drs. James Lehman and Michael Taylor also contributed to this article. Contact for more information at DCR8888@aol.com or phone: (440)-248-8888; www.acatoday.org.

 

 

Posted in Coordinating Medical Care, Medical Issues |

Lincoln University in Great Britain has been fined for putting staff, students and contractors at risk of exposure to asbestos.

 

 

According to the Health and Safety Executive (HSE), the failings came to light in February of 2010 when a lecturer became trapped in a room after a door lock broke. She enlisted the help of a colleague to release her and once freed, they noticed debris around the door handle. (WCxKit)

 

 

They notified the university's health and safety department which examined the door and others in the area, and discovered most were lined with asbestos insulating board (AIB), and that some were damaged.

 

 

The university notified HSE, which carried out its own investigation. It was found that a number of areas across the university's estate had been subject to asbestos surveys over a number of years and many areas were found to contain asbestos-containing materials or even asbestos debris, yet no remedial action had been taken.

 

 

Lincoln University Higher Education Corporation, of Brayford Pool, Lincoln, pleaded guilty to two counts of breaching Regulation 5(1) of the Management of Health and Safety at Work Regulations 1999 at Lincoln Magistrates Court. The university was fined $15,629 and ordered to pay $19,939.77 costs.

 

 

After the hearing at Lincoln Magistrates Court, HSE inspector Edward Walker noted, "Exposure to asbestos fibers is a well-known health hazard that results in approximately 4,000 deaths a year. (WCxKit)

 

 

"The university had an asbestos management plan but had failed to follow it and failed to take appropriate steps to manage the risks associated with asbestos over a number of years, putting staff, students and contractors at risk of potential exposure."

 

 

 

 

Posted in Medical Issues, Safety and Loss Control, WC in Other Countries (International) |

Texas Mutual Insurance Company reported recently that a Travis County district court sentenced Thomas Mikulenka of League City, Texas on workers compensation fraud-related charges.

 

 

The court sentenced Mikulenka to three years deferred adjudication and 100 hours of community service. Mikulenka was also ordered to pay $7,221 in restitution to Texas Mutual. (WCxKit)

 

 

Mikulenka reported a job-related injury while working as an electrician for IGC Construction, Inc. in Houston. He claimed he was unable to work as a result of the injury, and Texas Mutual began paying income benefits to him.

 

 

Meanwhile, Texas Mutual uncovered evidence that Mikulenka was working as a laborer while receiving income benefits.

 

 

Investigators call this type of scam double-dipping because claimants collect benefits for being too injured to work when, in fact, they are gainfully employed. Texas law requires claimants to contact their workers comp carrier when they return to work. (WCxKit)

 

 

Left unchecked, double-dipping and other workers comp fraud can lead to higher premiums for all Texas employers.

 

 

Maryland Woman Sentenced in Nevada Workers Comp Fraud Case 

A Maryland woman has been sentenced to 2 ½ years in a Nevada state prison for attempting to defraud her employer’s workers compensation insurer of $20,000 while at a professional conference at the Las Vegas Hilton, according to Nevada Attorney General Catherine Cortez Masto’s office.

 

 

Posted in Claim Management, Fraud and Abuse, Medical Issues |

A recent report looks at the dangers faced by both children living in close proximity to battery manufacturing units on the developing world and workers who work in such facilities.

 

 

A new study reported in the Journal of Occupational and Environmental Hygiene claims children living close to battery manufacturing units in the developing world were 13 times more apt to have lead traces in their blood than their U.S. counterparts.(WCxKit)

 

 

Health officials point out that lead poisoning damages the central nervous system, the kidneys, and the cardiovascular reproductive systems, along with leading to low hemoglobin percentages. In children, it can retard learning, make them hyperactive and even lead to violent behavior.

 

 

The researchers, using data from studies published between 1993 and 2010, also discovered that battery industry workers in the developing world had three times higher blood lead levels than their U.S. counterparts.

 

 

“Children and workers in developing countries face significant risks of lead poisoning, which can cause lifelong health problems,” commented Perry Gottesfeld, executive director of Occupational Knowledge International (OK International) and study author. “Without major improvements, we expect that lead poisoning cases will continue to increase as the industry grows.”

 

 

The battery industry uses approximately 80 percent of the global lead output. The demand is being led by huge demand for batteries in vehicles, solar power systems, cellular phones and for back-up to power supply.(WCxKit)

 

 

According to The World Health Organization (WHO), 120 million people are over-exposed to lead – approximately three times the number infected by HIV/AIDS – and 99 percent of the most severely affected live in the developing world.

 

Posted in Medical Issues, Product Liability, Safety and Loss Control, WC in Other Countries (International) |

The killing of a convenience store employee in Saskatchewan in June has spurred the provincial labor federation to support a petition to change regulations for retail employees working alone, according to a report from the Canadian OH&S News.

 

 

Many delegates attending the Saskatchewan Federation of Labour's (SFL) annual Occupational Health and Safety Conference recently strongly supported and signed a petition calling for the introduction of "Jimmy's Law" into the provincial legislature, says Larry Hubich, president of the SFL. The proposed law is named after Jimmy Wiebe, who was murdered at a gas station convenience store on June 20 in Yorkton. (WCxKit)

 

 

It would require employers to schedule two employees to work together between the hours of 10 or 11 p.m. and 6 a.m. or provide protective barriers between lone workers and the public.

 

The incident that prompted the petition occurred in the early morning hours. Members of the Yorkton RCMP received a report of a man who had been found deceased in the Shell Canada convenience store by a customer, says Corporal Rob King, a spokesman for the Saskatchewan RCMP division. Four days after, King says, the Yorkton RCMP detachment charged Kyle Furness, 20, with first-degree murder in connection with the homicide of the 50-year-old worker, an employee of the store for more than 10 years.

 

 

Jimmy's Law is modeled after similar working alone regulations in British Columbia which were introduced in 2008, but have not yet come into effect because of the complexity of the issue, according to Megan Johnston, a spokeswoman for WorkSafeBC. That year, however, BC introduced a separate pay-then-pump requirement following the death of a young gas station attendant.

 

 

"Grant's Law" – named after Grant De Patie, who was dragged to his death while trying to prevent the theft of gas from a station in Maple Ridge, BC – requires mandatory pre-payment of fuel at all gas stations in BC, Johnston says.

 

Wayne Hoskins, president of the Western Convenience Stores Association (WCSA) in Surrey, BC, says it's important to note the distinction between mandatory pre-payment of gas and the requirement for multiple workers or barriers. "While Grant's Law was well-intended, it refers to outside, or ex-store, and not in-store coverage," Hoskins explains.

 

 

In British Columbia, the working alone regulations – known as the Late Night Retail Safety Procedures and Requirements – consist of an engineering control (barrier) or administrative control (extra staff), Johnston says. Hoskins says that a third option has also been proposed: additional training, testing and certification. This option, a combination of both engineering and administrative controls, will be presented to WorkSafeBC's board of directors in October. (WCxKit)

 

 

Ontario is another jurisdiction considering a mandatory pre-paid policy for gas stations following a recent gas-and-dash incident. A  gas attendant Hashem Rad, 62, was struck by a vehicle that took off with unpaid gas at a Petro-Canada station in Mississauga, Ontario. Rad was taken to hospital, where he succumbed to his injuries the following day.

 

 

 

Posted in Legal Doctrines, Medical Issues, Safety and Loss Control, WC in Other Countries (International) |

According to a report from the WorkCover Authority, FIP Brakes International (FIP) produces industrial sized brake pads, as well as other products, for trains and other railway vehicles and employs around 60 people mainly based at its facility in Wetherill Park. Its managing director is Chris Katakouzinos. (WCxKit)

 

 

A machine operator was killed when he was cleaning out an industrial blender at FIP’s premises.

The power to the machine had not been isolated and the machine became operational with the worker still inside. He died at the site with extensive crush injuries and lacerations.

 

 

A WorkCover investigation found a significant number of safety failings:

 

 

 

FIP and its director were charged with breaches of the Occupational Health and Safety Act 2000.

 

 

In handing down her finding in the Industrial Court, Justice Backman said the incident was foreseeable and that there were serious deficiencies in the company’s systems. (WCxKit)

 

 

They both pleaded guilty. FIP was fined $117,000 and Mr. Katakouzinos $10,400. The court ordered them to pay WorkCover’s legal costs.

 

 

Posted in Legal Doctrines, Medical Issues, Safety and Loss Control, WC in Other Countries (International) |

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) recently issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products.

 

 

The revised alert was prompted by the results of agency investigations, a warning letter issued by the U.S. Food and Drug Administration and factually incorrect information recently sent to salons by a company that manufactures hair products. OSHA's updated alert can be viewed at: http://www.osha.gov/SLTC/formaldehyde/hazard_alert.html.

According to a report from the Department of Labor, during recent investigations, OSHA's air tests showed formaldehyde at hazardous levels in salons using Brazilian Blowout Acai Professional Smoothing Solution and Brasil Cacau Cadiveu, resulting in citations for multiple violations. OSHA found that workers were exposed to formaldehyde in these salons at levels higher than the agency's protective limits. OSHA also cited two manufacturers and two distributors of hair smoothing products for violations that included failing to list formaldehyde on product labels as well as on accompanying hazard warning sheets, known as material safety data sheets, that are provided to the products' users.

 

 

The FDA issued a warning letter to the importer and distributor of Brazilian Blowout Acai Professional Smoothing Solution stating that the product is adulterated and misbranded. Although the solution contains methylene glycol, which can release formaldehyde during the normal conditions of use, the product is labeled "formaldehyde free" or "no formaldehyde" and does not list formaldehyde on the material safety data sheet.

Following an Aug. 24 letter sent by Brazilian Blowout to salon owners claiming that all OSHA air tests performed on the company's Brazilian Blowout Professional Acai Smoothing Solution yielded results below OSHA's standard for exposure, the agency sent a letter today to the company refuting that assertion.

 

 

"Misleading or inadequate information on hazardous product labels is unacceptable," said OSHA Assistant Secretary Dr. David Michaels. "Salon owners and workers have the right to know the risks associated with the chemicals with which they work and how to protect themselves."

 

 

Formaldehyde can irritate the eyes and nose; cause allergic reactions of the skin, eyes and lungs; and is a cancer hazard. The revised hazard alert notifies salons that if they use products that contain or release formaldehyde, they must follow the requirements in OSHA's formaldehyde standard at 29 Code of Federal Regulations 1910.1048. OSHA further requires manufacturers, importers and distributors of products that contain formaldehyde as a gas or in solution, or that can release formaldehyde during use, to include information about formaldehyde and its hazards on product labels and in the material safety data sheets. (WCxKit)

 

 

The alert also now includes details about the information that is required to be listed on the labels and the material safety data sheets of products that contain or could release formaldehyde.

 

Posted in Medical Issues, Product Liability, Safety and Loss Control |

A Western Sydney manufacturing company and its director have been fined a total of $127,400 and ordered to pay WorkCover’s legal costs after a high powered industrial blender was turned on with a man inside it.

 

 

According to a report from WorkCover Authority of New South Wales, FIP Brakes International (FIP) produces industrial sized brake pads, as well as other products, for trains and other railway vehicles and employs around 60 people mainly based at its facility in Wetherill Park. Its managing director is Chris Katakouzinos. (WCxKit)

 

 

A machine operator was killed when he was cleaning out an industrial blender at FIP’s premises. The power to the machine had not been isolated and the machine became operational with the worker still inside. He died at the site with extensive crush injuries and lacerations.

 

 

A WorkCover investigation found a significant number of safety failings:

 

6.      The operator was not given proper training.

 

 

FIP and its director were charged with breaches of the  Occupational Health and Safety Act 2000  and both pled guilty.

 

 

In handing down her finding in the Industrial Court, Justice Backman said the incident was foreseeable and that there were serious deficiencies in the company’s systems.

 

 

FIP was fined $117,000 and Katakouzinos $10,400. The court ordered them to pay WorkCover’s legal costs.

 

 

WorkCover NSW’s Acting General Manager of Work Health and Safety Division Peter Dunphy said the risks to the employee’s safety were entirely foreseeable and the incident should never have happened.

 

 

“This case is particularly significant given that the company’s insurer had 12 months previously identified major shortcomings in the company’s occupational health and safety systems.

 

 

“The WorkCover investigation found that many of the identified problems had not been addressed. (WCxKit)

 

Posted in Legal Doctrines, Medical Issues, Product Liability, Safety and Loss Control, WC in Other Countries (International) |

Eight individuals were recently convicted of or pleaded guilty to charges related to defrauding Ohio’s workers compensation system. according to the Ohio Bureau of Workers Compensation (BWC).

 

 

 

Cecil Webb pleaded guilty to 11 felony counts of deception to obtain a dangerous drug and one first degree misdemeanor count of workers comp fraud. (WCxKit)

 

 

Robert Black, DBA Mallard Home Services, pleaded guilty to workers comp fraud for operating his business without coverage. Agents interviewed Black, who indicated the altered certificate was a clerical error on his part, and then admitted to operating a business while his business’ coverage was in final cancel status and submitting false payroll and other information to BWC.

 

 

Dr. John Esarco, DC pleaded guilty to workers comp fraud for billing for services not rendered. The investigation found Esarco was billing for exercise therapy, a service which he did not perform.

 

 

George Seiber pleaded guilty to working while receiving benefits. Seiber owned and operated Roofer Inc.com while receiving temporary total disability benefits.

 

 

Dana Fordenwalt, owner of Twin Peaks Roofing, pleaded guilty to three misdemeanors for failure to comply with the law for underpaying his workers comp and misrepresenting the number of workers employed by his business. (WCxKit)

 

 

BWC Administrator/CEO Stephen Buehrer noted “Eight more convictions during the month of August are the result of close monitoring of suspicious activity by our investigators and detailed follow-up on allegations of fraud. Their diligence helps to protect the State Insurance Fund on behalf of Ohio injured workers and employers.”

 

Posted in Claim Audits & File Review, Claim Management, Fraud and Abuse, Medical Issues |