Appeals necessary to straighten out odd cases–not unusual in workers’ comp field
Nausea causes blackout; worker trips over dog in her home
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It’s enough to make you sick, some of these stories about people abusing the workers’ comp system.
Souper Salad worker billed for paramedics’ response
A teen-age restaurant worker in Idaho, says this account at KBOI TV, passed out and hit her head while falling–after cleaning up a patron’s upchuck. Nineteen-year-old Karrie Lombard came to inside the Meridian Souper Salad only to look up into the faces of “paramedics just surrounding me — they were everywhere,” she said. A manager had called the EMT crew upon realizing that Lombard was unconscious.
She told everyone she was OK and apparently thought little about the incident–until a few weeks later, when she opened a $400 bill from the county for the EMT response.
‘Not to worry’
One of her bosses told her not to worry.
“He gave me the papers to fill out for workers comp and said it was going to be taken care of,” she said.
But the bill never got paid and Lombard continued receiving statements in the mail. The news, she said, continued to get worse.
“The owners told me it wasn’t work related and there was no reason for workers comp should have to cover it,” she said.
Attorney urges follow-up in similar cases
Her attorney not only disagrees but also warns employees that “if anyone gets into a situation such as Lombard, tell your employer that you know you’re covered and if they don’t listen, take the complaint to the Idaho Industrial Commission or even a lawyer.”
Ohio Supreme Court rules worker can sue, despite timing
A June 9 report at the Columbus (Ohio) Dispatch news site tells of the need for the state Supreme Court to rule in the case of a machine shop employee who was fired shortly after reporting a workplace injury. Despite remanding the case, however, the majority also left the burden of proof on the worker:
In a 4-3 decision, the Ohio Supreme Court ruled today that a worker injured on the job has the right to sue his boss for firing him after he was hurt but before he had a chance to file a workers’ compensation claim.
The case involved a machine shop employee canned an hour after reporting a workplace injury to the owner of Tomco Machining Company in Dayton. DeWayne Sutton, 34, of Brookville, was given no reason for the termination.
The justices sent the case back to the trial court, noting that to prevail in his wrongful discharge lawsuit, Sutton must prove his firing was in retaliation and that his boss, Jim Tomasiak, had no business justification for the dismissal.
Majority: protection against retaliation paramount
In effect, the ruling holds that the protection of state law obtains, even though a worker has not yet filed the injury case. In other words, the law holds that employers can not punish employees for reporting injuries. Therefore, any punishment that comes before the injury claim is filed is out of line. The dissent’s position is that statute’s don’t address the situation–therefore, the majority’s ruling is overbroad.
Regardless, the trial court will now re-hear the case, with the brunt of proof on the worker to show that the employer fired him merely for reporting the injury.
Appeals court finds for woman required to keep materials at home
Another employee has prevailed, for the time being at least, in an unusual case in Oregon–she tripped over her own dog, in her own home, and was injured in the fall.
Sounds a little far-fetched, right?
But the JC Penney salesperson-and-decorator was required to maintain workspace both in her auto and at her home as part of her employment. From a June 3 piece at Business Insurance:
The workers compensation claimant in Mary S. Sandberg vs. J. C. Penney Co. Inc. was a custom decorator selling window treatments and bedding. She spent much of her workweek traveling to appointments, meeting customers at their homes or working from her home.
Employer required home office
Court records show that she was required to have an office in her car, where she kept fabric samples and pricing guides. Her employer also instructed her to store excess products at her home or find another place for them.
Consequently, she stored samples in her garage and was walking from the back door of her home to her garage to replace fabrics in her van when she tripped over the dog, fracturing her right wrist.
Nonprofit to return millions used for workers’ comp
A June 2 article concerns a $17 million reimbursement of funds that had been diverted to a workers’ comp system:
A nonprofit that manages New Hampshire’s public employees’ health insurance risk pool is repaying the health insurance pool $17 million diverted to support a workers’ compensation program.
The Local Government Center’s board announced Thursday it will repay its HealthTrust the money taken over a six-year period to support the program with a loan.
No charges are mentioned in the story, merely that the LGC has entertained questioned of “appropriateness” and voted to restore the funds.
We can help you find an attorney
Frequently enough, a worker’s compensation case may be so complex as to demand legal representation. However, sometimes what seems like a cut-and-dried situation to an injured worker may result in a smaller award than envisioned–or even a denial. Have you, a friend or a loved one been injured on the job? Whether you’re merely seeking answers about your rights or believe a lawsuit may be necessary, be sure to seek counsel with attorneys trained and experienced in workers’ compensation. Here’s some resources:
