Florida’s Department of Financial Services’ Division of Investigative and Forensic Services (DIFS) recently announced the arrest of Sheyla Veronica White following her attempt to fraudulently collect workers compensation payments following an alleged on-the-job injury.

Claimed Sprinkle Head Fell From Ceiling and Struck Head

White claimed that a sprinkler head fell from the ceiling, bounced off her desk, and struck her in the head. Her employer, Cinque Terre Energy Partners, LLC promptly filed a compensation claim related to the alleged injury. Video surveillance footage later proved a different series of events surrounding the alleged injury.

Cinque Terre’s insurance company, AmTrust North America, grew suspicious of White’s claim and referred the incident to the Division of Investigative and Forensic Services for review and possible investigation. As part of their subsequent investigation, DIFS detectives requested video footage from Cinque Terre’s security cameras, which confirmed AmTrust’s suspicions that the claim was fraudulent.

The video clearly shows a piece of a sprinkler head falling onto White’s desk, but it does not bounce and strike her in the head as she alleged. Instead, the video shows White picking up the broken item, looking around to ensure she was alone in the room, and then striking herself in the head with the item. Watch video here.

Arrested and Transported to Jail

White was arrested and transported to the Broward County Jail. She faces two counts of workers comp fraud, and faces up to five years in prison if convicted.

White was previously arrested in 2010 for stealing students’ personal identification information while working as a teacher at Monarch High School in Coconut Creek.

Sheyla White was using the named Sheyla Diaz at that time, and she was sentenced to six months house arrest for that offense.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

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Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker, attorney, or qualified professional.

With the number of outdoor workers at its peak during the summer, WorkSafeBC and Sun Safety at Work Canada have produced two new videos to call attention to the dangers of sun exposure and to promote preventative health and safety measures. To view the videos go to Sun Safety at Work: Workers and Sun Safety at Work: Employers.

 
Between 2011 and 2015 WorkSafeBC accepted six claims for malignant skin cancer caused by work-related sun exposure. The occupations in which workers are most at risk in B.C. are construction, agriculture, letter carriers, electricians and delivery and courier service drivers.

According to CAREX Canada, it is estimated that approximately 1.5 million Canadians are exposed to sun on the job.

In 2015, 85,000 Canadians were diagnosed with skin cancer, and the rate is increasing. Sun exposure is the leading cause of skin cancer and can cause other health effects including sunburn, skin damage, cataracts, eye lesions, eye cancer, and heat-related illness.

Under B.C.’s Occupational Health and Safety Regulation, employers of outdoor workers are required to conduct a sun exposure assessment to determine the level of risk to workers, and develop a sun exposure plan to effectively manage the risk, if one is identified.

Onus on Businesses to Protect Outdoor Employees

Employers can take the following workplace precautions to reduce sun exposure to workers, particularly at this time of year when potential exposure is highest:

• Provide tents and shade structures on machinery and equipment
• Schedule the hardest physical tasks outside the hours of 11 a.m. and 3 p.m. when ultraviolet (UV) levels are highest
• Ensure work and rest cycles are scheduled regularly to allow workers to cool off in a shaded area

Outdoor workers can reduce their risk of skin cancer from sun exposure by:

• Wearing sunscreen and reapplying liberally throughout the day
• Wearing sunglasses, wide-brimmed hats, loose-fitting clothing made of cotton or silk
• Using a brim attachment and neck flap for hard hats, for added sun protection
• Drinking water frequently throughout the day
• Taking the Sun Safety at Work questionnaire

Sun Safety at Work Canada is enhancing sun safety for Canadian workplaces by raising awareness of the importance of sun safety and helping workplaces implement sun safety programs. The sun is a workplace hazard that can cause skin cancer, heat stress and eye damage. These conditions are preventable. The project is developing a comprehensive suite of resources to help workplaces better protect their employees.

The end result of the project is a website with resources and tools that will guide workplaces through the implementation of a sun safety program. Sun Safety at Work Canada is funded through financial support from Health Canada through the Canadian Partnership Against Cancer.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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An Ocean Grove, Australia plastering company was recently convicted and fined $25,000 over an incident in which a subcontractor suffered severe spinal injuries after falling from a work platform.

 
Precision Plastering pleaded guilty in the Geelong Magistrates’ Court to one charge of breaching the OHS Act 2004 for failing to ensure the workplace was safe and without risks to health. It was also ordered to pay $5,000 in costs.

The conviction follows the recent prosecution of another Ocean Grove based-business, Vand Builders Pty Ltd, over the same incident. Vand Builders was also convicted and fined $25,000.

 
The court heard that in 2015 Precision Plastering Pty Ltd was engaged by Vand Builders to assist in the construction of two adjoining double-storey townhouses at Ocean Grove on the Bellarine Peninsula.

On Sept. 8, 2015, more than 40 sheets of plaster were delivered to the site by truck. After the truck became bogged it was decided that the sheets were to be unloaded by two workers on the ground, who would pass them up to two workers on a work platform made of steel scaffolding.

The sheets were then to be passed to three workers standing on a second-floor balcony so they could be taken inside. The court was told the platform was about 2.1m above the ground and about 1m from the side of the townhouse. It had no protective guard rails.

A subcontractor for Precision Plastering who was to be working on the platform requested some form of fall protection. Vand Builders added a piece of frame to one side of the platform but left the other three sides without protection.

After a majority of the plaster sheets had been moved, four of the largest sheets remained, each measuring 1.35m by 4.8m and weighing about 40kg. As one of the sheets was being moved, it snapped and struck the subcontractor pushing him through the gap between the platform and the townhouse. He landed on his head, fracturing his skull and breaking his spine.

In his Victim Impact Statement, which was read to the court, the man said he now spent most of his time in a wheelchair and continued to suffer a range of severe medical problems.
WorkSafe’s Acting Executive Director of Health and Safety, Melinda Collinson, said Precision Plastering had failed completely in their duty of care.

“There is just no excuse for an incident like this to have occurred in a workplace,” Collinson said. “Falls are a leading cause of serious injury and death on construction sites in Victoria and appropriate safety guarding must be installed when working from heights.

“It is not acceptable that even after the subcontractor asked for protective measures to be added to the platform, adequate risk controls were not provided by either Precision Plastering or Vand builders.

“The lack of regard for worker safety by both companies has tragically changed this man’s life forever.

“Workplace safety is everyone’s responsibility and it is vitally important that hazards are recognized and the risks controlled to prevent a serious injury or worse.”

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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Recently, the Workers Compensation Insurance Rating Bureau (WCIRB) of California Governing Committee voted to authorize the WCIRB to submit a Jan. 1, 2017 Advisory Pure Premium Rate Filing to the California Insurance Commissioner.

 
The Filing will propose advisory pure premium rates that average $2.26 per $100 of payroll, which is 11.0% less than the corresponding industry average filed pure premium rate of $2.54 as of July 1, 2016, and 2.6% less than the average approved July 1, 2016 advisory pure premium rate of $2.32.

This marks the fourth consecutive Filing that the WCIRB has advised a decrease in pure premium rates, totaling -18.6% when compared to the average of the approved Jan. 1, 2015 advisory pure premium rates.

In his presentation to the Governing Committee, WCIRB Chief Actuary Dave Bellusci noted that the indicated Jan. 1, 2017 average advisory pure premium rate, while only slightly below the July 1, 2016 average approved pure premium rate, is -7.5% from the average Jan. 1, 2016 pure premium rate.

Bellusci also identified some of the factors contributing to the reduced indicated pure premium rate:

• Medical losses on 2014 and prior accident years continue to develop favorably;
• Medical claim costs on 2015 accidents are emerging at lower than projected levels;
• Indemnity claims are settling at quicker rates than in the recent past;
• Forecasts of future wage level growth in California have increased.

Despite these positive trends, Bellusci acknowledged that post-SB 863 loss adjustment expenses (LAE) and indemnity claim frequency continue to emerge higher than projected, but these increases have been more than offset by the favorable medical loss trends.

The CDI will schedule a public hearing to consider the Filing and once the Notice of Proposed Action and Notice of Public Hearing is issued, the WCIRB will post a copy in the Publications and Filings section of the website (www.wcirb.com).

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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Dorchester, Massachusetts-based contractor Roof Kings LLC exposed employees to life-threatening falls – more than 45 feet off the ground – over a three-day period as they worked at a Haverhill church, federal workplace safety and health inspectors found.

In response to a complaint, the Andover Area Office of the U. S. Department of Labor’s Occupational Safety and Health Administration began its inspection on Feb. 17, 2016. Inspectors found Roof Kings’ employees working without fall protection atop the steep-pitched roof at 232 Main St. Workers also lacked fall protection as they worked on a lower, sloped roof and on ladders that did not extend at least three feet above landings for required stability.

OSHA officials brought the violations – and the need to correct them – to the attention of the company’s site supervisor. On Feb. 18 and 19, they returned to continue the inspection and found the fall hazards ignored and Roof Kings workers still at risk of deadly or disabling falls.

“Employees should never have to risk their lives for a paycheck. Roof Kings has no excuse for knowingly and repeatedly failing to provide and ensure required fall protection safeguards,” said Anthony Covello, OSHA’s area director for Essex and Middlesex counties.

OSHA found Roof King employees exposed to additional fall hazards stemming from:

• Using a materials hoist improperly as a ladder.
• Inadequate fall protection training.
• An unsecured fall protection anchor.
• A fall protection lanyard that would allow an employee to fall more than 6 feet.
• An improperly angled extension ladder.
• Ascent and descent on a ladder while carrying an object that could cause a worker to lose balance.
• Lack of training on how to use ladders safely.

Preventable Falls Significant Problem in Construction Industry

 
“Preventable falls account for nearly 40 percent of all deaths in the construction industry, yet this hazard can be readily eliminated with the proper planning, training and equipment,” said Covello. “Roof Kings must take ongoing corrective action to effectively prevent fall hazards before one of its employees is needlessly killed or injured.”

The agency also identified the following hazards which put Roof Kings’ employees at risk of:

• Eye and face injuries while using pneumatic nail guns without proper eye protection.
• Being struck by roofing materials dropped more than 20 feet from the building.
• Electric shock and burns from ungrounded power tools, an ungrounded electrical outlet and frayed and misused power cords.
• Exposure to lead contaminants and inadequate training about lead hazards.

As a result of its findings, OSHA has cited Roof Kings for three willful, one repeat and nine serious violations of workplace safety standards. Proposed fines for these violations total $124,960. The citations can be viewed here.

Roof Kings was given 15 business days from receipt of the citations and proposed penalties to comply, meet with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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A 57-year-old Missouri maintenance worker was crushed fatally by a 4,000 pound machine part while performing maintenance inside of a sand core machine at a Warrensburg aluminum foundry.

 
An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration found his employer, Stahl Specialty Company, did not use lockout devices and other machine safety procedures to prevent unintentional movement of the part – known as a ram – while the worker was inside the machine. OSHA cited the company for one repeated and five serious safety violations on July 29, after the agency completed its investigation into the Feb. 15, 2016, death.

While investigating the fatality OSHA found Stahl Specialty Company:

• Failed to isolate all sources of energy in or to the equipment.
• Did not protect employees from unexpected machine movements during maintenance.
• Lacked machine-specific lockout procedures.
• Failed to adequately train workers on proper lockout procedures.
• Failed to coordinate lockout procedures with an outside contractor.
• Did not correct illegible markings on a crane pendant control box.

Proposed penalties total $105,000. View citations here.
Based in Kingsville, Stahl Specialty Company was provided 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

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California Insurance Commissioner Dave Jones announced recently that CastlePoint National Insurance Company (CastlePoint), the sole remaining insurance company member of the Tower Group, was placed into conservation by order of the San Francisco Superior Court to protect policyholders and injured workers covered under policies issued by CastlePoint and the other member companies of the Tower Group.

Immediately after being appointed Conservator of CastlePoint, the Commissioner filed a motion seeking approval of a Conservation & Liquidation Plan for CastlePoint to further protect policyholders by deconsolidating CastlePoint from the Tower Group and providing for transactions that will bring in more than $200 million in new value for the benefit of policyholders and claimants.

In addition to bringing in substantial new value for the policyholders, the plan will also establish an efficient and orderly process for liquidating CastlePoint by ensuring that the Insurance Guaranty Funds around the country can assume responsibility for administering and paying CastlePoint’s insurance claims without disruption when the Court issues a final liquidation order.

During the initial conservation phase there should be no disruption or delay in the delivery of workers compensation benefits to injured workers and other claims covered under CastlePoint policies.

Troubles Began in 2013

The Tower Group’s troubles started emerging during 2013.

Prior to that, Tower grew steadily by acquiring a series of smaller insurers, but Tower’s prior management was not effective in integrating those companies.

In October 2013 the Tower Group announced that it had deficiencies of nearly $400 million in its aggregate policyholder loss reserves. That situation was compounded by accounting errors that resulted in the parent company, Tower Group International, Ltd., withdrawing its previously filed consolidated financial statements for 2011 and 2012.

In September 2014, the Tower Group was acquired by ACP Re, a Bermuda reinsurer with ownership aligned with AmTrust Financial Services, Inc. and National General Holdings Corp. While that acquisition substantially improved Tower’s situation by migrating policy and claims administration to more reliable data systems at AmTrust and National General, the volatility and deterioration of the pre-acquisition claims continued unabated through 2015. By the end of 2015, the Tower Group reported additional loss reserve deficiencies well above $400 million.

By that time the California Department of Insurance was already working closely with other regulators around the country and the owners of ACP Re to formulate a plan to address the situation at the Tower Group. Tower was made up of 10 insurance companies domiciled in six states that operated on a largely consolidated financial basis through an intercompany reinsurance pooling arrangement. The situation presented particular challenges in the resolution of Tower’s financial distress.

Recently, the department, in close coordination with fellow regulators in Maine, Massachusetts, New Jersey, Florida, and New York, formulated a plan with the owners of ACP Re and other related parties to consolidate the entire Tower Group into a single company – CastlePoint National Insurance Company, a California domiciled insurer– so that policyholders of the entire Tower Group of insurance companies could be protected in single legal proceedings here in California.

The merger and consolidation of the other insurance companies into CastlePoint was completed only days before the Commissioner placed CastlePoint into conservation.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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Twice in about a month, United States Steel Corp. gave seven employees tasks that exposed them to asbestos, a widely recognized hazard associated with serious and fatal health risks including lung cancer, the U.S. Department of Labor’s Occupational Safety and Health Administration has found.

 
During the first week of February 2016, at the company’s coke production facility in Pittsburgh, five workers removed and replaced packing material containing asbestos at the direction of the company. In March 2016, OSHA found two other employees had burned and removed a rotted section of expansion pipe at the company’s direction. The pipe later tested positive for asbestos.

This is the second time since 2011, that OSHA has cited U.S. Steel Corp. for exposing employees to asbestos hazards.

Responding to an employee complaint, OSHA opened an inspection on March 16, 2016, and identified 10 violations for which U.S. Steel Corp. faces $170,000 in penalties.

Inspectors found the company failed – as it did in 2011 – to establish a regulated area and inform employees of the presence of asbestos-containing material, conduct initial employee monitoring and ensure a negative exposure assessment, implement specific engineering controls and designate a qualified person to oversee the work and issued repeat citations. In addition, the employer used compressed air improperly in maintenance and repair operations, did not provide employee training or utilize appropriate containment and disposal methods.

The company was given 15 business days from receipt of its citations and proposed penalties to comply, request a conference with OSHA’s area director, or contest the findings before the Occupational Safety and Health Review Commission.

To view the citations:

http://www.osha.gov/ooc/citations/UnitedStatesSteelCorporation_1132928.pdf

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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A marine terminal operator in Seattle is facing a $448,200 fine from the Department of Labor & Industries (L&I) for failing to correct serious worker health hazards for which it was previously cited. The fine is one of L&I’s largest in recent years.

In an inspection at Seattle Bulk Shipping Inc.’s Harbor Island facility, L&I found that the company failed to correct serious violations that it was cited for last year, leaving workers exposed to serious hazards for more than a year.

The company performs several operations at the facility including transferring large quantities of highly flammable ethanol fuel from rail cars to tanker trucks, loading grain on rail cars and transferring it between trucks.

L&I’s follow-up inspection found that Seattle Bulk Shipping failed to correct a “confined space” violation it was cited for in 2015. The employer did not develop an adequate confined space entry program to protect employees who work around or inside grain pits or other confined spaces. Without safety precautions, confined spaces can be deadly to workers and would-be rescuers. Failure to correct this serious violation carries a penalty of $324,000.

The company was also cited for a second violation that hadn’t been corrected for failing to provide an approved emergency eyewash station for workers who transfer ethanol from rail cars and tanker trucks. Ethanol is a strong irritant in addition to being highly flammable; without an eyewash station, workers could suffer serious eye injuries. Failure to correct this violation carries a penalty of $108,000.

The employer was cited for three additional serious violations related to emergency procedures for potential ethanol release and confined space rescue. Each of those violations has a $5,400 penalty.

 
Investigation Began Following Worker Injury

L&I began investigating the company in 2014, when a worker was hospitalized after falling into an underground grain storage pit.

After comprehensive safety and health inspections, the company was ultimately cited for more than 50 workplace violations and fined $424,850. Those violations are currently under appeal. The company is considered a severe violator, which means it is subject to follow-up inspections to determine if the conditions still exist.

Seattle Bulk Shipping was given 15 business days to appeal the violations.

Penalty money paid in connection with a citation is placed in the workers compensation supplemental pension fund, helping workers and families of those who have died on the job.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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The Office of Administrative Law (OAL) has approved the California Division of Workers Compensation’s (DWC) final version of the Medical Treatment Utilization Schedule (MTUS) regulations that updates the Chronic Pain Medical Treatment Guidelines and adopts Opioids Treatment Guidelines.

 
Following national reports of opioid misuse, DWC proposed issuing guidelines and began the process with a forum for public comment in 2014.

The guidelines that have been added to the MTUS provide best practices in appropriately treating injured workers while also enhancing safety in using these medications to manage pain.

“We welcome this update and addition to the MTUS. The information in these Guidelines should aid in the provision of safer and more effective care for California’s injured workers,” said DWC Executive Medical Director Dr. Raymond Meister.

The changes to the MTUS Chronic Pain Medical Treatment Guidelines are set forth in section 9792.24.2, the Opioids Treatment Guidelines are set forth in section 9792.24.4, and the clarifying changes to the meaning of chronic pain are set forth in section 9792.23(b)(1) of the California Code of Regulations. The MTUS regulations went into effect on July 28, 2016 and will apply to any treatment requests made on or after July 29, 2016.

Christine Baker, director of the Department of Industrial Relations, said, “These guidelines are an important step toward improving appropriate and safe care for workers.”

DWC Acting Administrative Director George Parisotto added, “DWC will move forward shortly to initiate the process to update all of the current MTUS chapters. This process will include new chapters for chronic pain and opioids. Regardless, the new Chronic Pain Medical Treatment Guidelines and Opioids Treatment Guidelines should be consulted and relied upon when making treatment requests and determining the medical necessity of such requests.”

The final regulations are posted on the DWC website.

Author Kori Shafer-Stack, Editor, Amaxx Risk Solutions, Inc. is an expert in post-injury response procedures and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. www.reduceyourworkerscomp.com.  Contact: kstack@reduceyourworkerscomp.com.

©2014 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law.

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