The Iowa Supreme Court says a volunteer firefighter may only be summoned to duty through official channels and not due to circumstances as it sought to resolve a workers compensation claim.
According to the Associated Press, the court handed down its ruling last week in a case between insurance companies contesting a claim for firefighter who passed away in 2005 after attempting to save his boss from a manure pit on the farm where they worked. (WCxKit)
According to court documents, after draining and washing the pit, the boss apparently climbed into the manure pit to retrieve a chain that had fallen and was overcome by methane fumes.
After running to a farmhouse approximately150 yards from the barn to alert the boss’s wife to call 911, the man returned to the barn and apparently attempted to remove his boss from the pit on his own. The man was discovered a few minutes later face down in the pit near his boss, apparently also overcome by methane gas.
The men were taken from the pit after rescue personnel arrived, including members of the Volunteer Fire Department, who were paged 68 seconds after receiving the 9-1-1 call. (WCxKit)
Both men died of their injuries shortly after rescue.
The farm’s insurer, Grinnell Mutual Reinsurance Company, paid the claim but wanted to have it shared by the fire department’s company, Traveler’s Insurance, stating the man attempting the rescue responded as a firefighter, but the court disagreed.
Author Rebecca Shafer, resident, 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. Contact: Info@ReduceYourWorkersComp.com or 860-553-6604.
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Comp Cost Calculator: http://www.LowerWC.com/calculator.php
Light Duty Calculator: http://www.LowerWC.com/transitional-duty-cost-calculator.php
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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