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Sacks & Zolonz Employer Workers' Compensation Defense Attorneys Blog

Cal/OSHA hands down large fines over fatal accident at tuna plant

Back in October, our workers' compensation defense blog reported on a horrific industrial accident at a food processing plant here in Southern California that took the life of one worker and left the California Division of Occupational Safety and Health (Cal/OSHA) searching for answers.

In recent developments, the state agency released the results of its official investigation earlier this month, placing much of the blame for the incident squarely on the employer of the deceased worker.

The accident in question involved 62-year-old Jose M., who was working a late shift at the Bumble Bee tuna plant in Santa Fe Springs when he became trapped in a large commercial oven known as a retort machine.

While paramedics were immediately summoned to the Bumble Bee plant following the discovery of Jose M. by his co-workers, it was too late. Sadly, Jose M., a father of six, was pronounced dead at the scene.

According to the Cal/OSHA report, Jose M. likely entered the 4.5-foot by 36-foot retort machine to make a quick repair or adjustment to a chain when the door somehow closed behind him.

How Facebook postings resulted in a work comp fraud bust

While social media sites like Facebook and Twitter likely seemed arcane to many people just a few years ago, they are now the preferred and primary web destination of even the most casual internet users. Of course, what many people who use these social media resources sometimes fail to realize is that the information they post may be available for everyone to see -- including law enforcement officials.

Consider a recent case out of Ohio, where a woman was recently convicted of workers' compensation fraud after officials with the state's Bureau of Workers Compensation did a little snooping on her public Facebook page.

According to reports, the woman was collecting a type of disability benefit called working wage loss, which is typically reserved for those injured workers who are able to secure a different job that pays less than their former position did prior to their injury. In other words, it fills in the payment gap between the old job and the new job.

Work injuries on popular reality show raises safety concerns

Every week, thousands of people across the nation tune-in to watch the ABC Network's long running hit "Dancing with the Stars." While it's very easy to be caught up in the drama of the performances and the backstage intrigue, fans might not realize that the show has actually seen a very long list of serious work injuries among cast members over the past sixteen seasons.

To illustrate, consider this short list of celebrities who have suffered injuries during rehearsals or performances:

  • Singer Jewel suffered fractured tibia in both legs
  • Computer icon Steve Wozniak pulled his hamstring and fractured his foot
  • Reality TV star Melissa Rycroft suffered a herniated disc and rib fracture
  • Olympic champion Dorothy Hamill suffered a spinal condition

These injuries aren't just confined to the celebrity performers either, as several of the professional dancers charged with whipping their partners into dancing shape have also suffered debilitating work injuries. Just this season, dancer Mark Ballas was forced out of the competition after suffering a severe back injury -- compressed discs -- during an otherwise routine lift.

Insurers look to predictive analytics to fight work comp fraud

Insurance companies pay millions of dollars every year for fraudulent workers’ compensation claims. While some may say that faking a work injury or lying about its extent is tantamount to a victimless crime, this is far from the case. The simple truth is that this type of employee fraud winds up costing all policyholders in the form of increased premiums.

However, work comp carriers have gotten decidedly more savvy when it comes to detecting employee fraud. For instance, many are now using sophisticated fraud detection systems based on predictive modeling to help identify those situations where work comp fraud might be present.

Bill closing work comp loophole for pro athletes clears Assembly

Over the last several months, our workers’ compensation defense blog has been closely monitoring the showdown between team owners and former professional athletes over Assembly Bill 1309, a bill designed to limit the latter’s access to work comp benefits here in California.

In recent developments, it appears as if the matchup between the two groups now sits at 2-0 in favor of the team owners following a critical vote before the full Assembly last week.

Sponsored by Assemblyman Henry Perea (D-Fresno), AB 1309 calls for the following:

  • Only allows players from California-based professional franchises -- football, baseball, basketball, hockey, soccer -- to file work comp claims in the state (including players in the minor league systems of these professional franchises)
  • Reduces the amount of time that players have to file a claim to either within a year of their retirement from the sport or a physician’s diagnosis of a condition, whichever is later
  • Enables players who retired with a franchise located outside the state to file a work comp claim in the state provided they spent 80 percent of their career playing for a California-based franchise

Cal-OSHA investigating fatal industrial mixer accident

Employers must always be diligent when it comes to employee safety. This means making certain that the necessary policies/procedures are in place, conducting regular inspections and providing the necessary safety equipment. Any failure to take these steps can have severe and lasting consequences, including fines, increased workers' compensation insurance premiums and possibly an employee serious and willful misconduct lawsuit.

It appears that a manufacturing company in Contra Costa, California, may soon be facing some of these penalties following a tragic industrial accident last month that left one employee dead and authorities with unanswered questions.

Back on April 15, emergency officials were summoned to the Henkel Corporation in Bay Point shortly after 11 a.m. for a situation involving a worker injured by industrial machinery.

'Duty injury king' dethroned by work comp inquiry

Both private and public sector employees who suffer debilitating work injuries can take comfort in the fact that they can rely on their employer's workers' compensation insurance to provide the financial assistance they will need as they work towards a full recovery.

The unfortunate reality, however, is that employee fraud remains a relatively common occurrence in all sectors. This means that some employees are actually brazen enough to either feign work injuries or exaggerate their severity in order to collect work comp benefits.

If you don't believe it, consider a recent case from Chicago's Cook County, where a jail guard who proclaimed himself the "duty injury king" to fellow employees was recently suspended without pay for allegedly submitting a false work injury report.

Bill closing work comp loophole for pro athletes approved by Assembly committee

The matchup between team owners and former professional athletes over reform of the workers' compensation system here in California now sits at 1-0 after an important committee vote held in Sacramento earlier this week.

Specifically, the Assembly Insurance Committee voted 11-0 to advance Assembly Bill 1309 -- sponsored by Assemblyman Henry Perea (D-Fresno) -- to the floor for debate and a full vote.

For those unfamiliar with AB 1309, it would mandate that only players from California-based franchises could file work comp claims in the state, and shorten the amount of time that players have to file a claim to either within a year of their retirement from the sport or a physician's diagnosis of a condition, whichever is later.

According to Perea, the legislation is necessary because former professional athletes have been filing work comp claims in California for years despite having ever played only a few games here.

"Why should California be the workers' compensation forum for every professional athlete in America?" asked Perea, chair of the committee, at the hearing.

Bill calls for Michigan to join ranks of states granting work comp for firefighter cancer

In workers' compensation defense news, lawmakers in the state of Michigan are currently considering a bill that would extend much-needed benefits to those firefighters who develop a potentially deadly disease that many believe can be traced to the inherently dangerous nature of their profession.

Senate Bill 211, sponsored by state Sen. Tory Rocca (R-Sterling Heights), would mandate that any full-time firefighter who was employed by a municipality for at least five years before developing cancer -- bladder, blood, brain, kidney, lymphatic, prostate, skin, testicular, thyroid and respiratory tract -- could file a work comp claim.

Those firefighters who used tobacco products on a regular basis within ten years of developing the cancer, and whose habit clearly caused, aggravated or advanced the cancer would be excluded under the bipartisan measure.

Cal/OSHA once again reminding employers to keep it cool this summer

While large portions of the nation are coping with the fallout from snowstorms, torrential rain and other severe weather outbreaks, the weather continues to remain hot and sunny throughout the state of California.

Of course, now that spring is here and summer is right around the corner, officials with the California Division of Occupational Safety and Health (Cal/OSHA) are once again reminding employers of the importance of abiding by heat safety regulations.

Earlier this month, Cal/OSHA along with the Nisei Farmers League and other agricultural groups sponsored a training program at which the agency's 2013 Heat Illness Prevention Program was officially launched.

The program is designed to provide both employers and employees with comprehensive information on the state's applicable heat illness prevention standards, as well as the dangers of heat exposure.

"California is a better place to work because of our standard and partnerships with employers and labor to protect all outdoor workers from heat illness," said Christine Baker, director of the Department of Industrial Relations. "As we enter this year's heat season, it is important we continue our efforts to address heat illness prevention at outdoor worksites."

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