Course and Scope: Connecticut Worker's Compensation

Commissioner Thompson Passes

2012-05-24T13:10:00.000-07:00

Hon. Clifton Thompson who was actively serving the citizens of the State of Connecticut as a Worker's Compensation Commissioner passed away on Friday, May 18th, 2004. At the time of his death, Commissioner Thompson was hearing cases in the Second and Sixth Districts. Commissioner Thompson will be remembered by me as a true gentleman. Although a recent appointee and newcomer to worker's compensation law, Commissioner Thompson dove right in and effectively handled cases in a fair and compassionate manner. I will truly miss him. Our firm's sympathies go out to his wife and family.

SSA Bans Judges from Stalking Facebook

2012-05-04T14:02:00.004-07:00

I read today that apparently the Social Security Administration has banned its' Administrative Law Judges from using Facebook in particular and the internet in general to root out Claimant fraud. I have often suspected ALJ's dig around in he online world to discover whether or not the Claimants that appear before them can be found dancing or running or in general having some sort of life when they are not in the hearing room. All in all, I believe the SSA's new policy is the only fair way to handle things. There is all sorts of ways online sites and web pages can be manipulated so that things are not as they appear. Let's keep decisions based on testable evidence duly admitted in the hearing room and not based on someone's Facebook or Twitter page.

Worker's Comp Commission/Labor Department merger shelved for this year- Middletown District Office to Close

2012-03-29T18:38:00.001-07:00

We have received some good news from about the Governor’s proposal to consolidate the Worker’s Compensation Commission into the Department of Labor. In the latest version of the proposed state budget, funding for the WCC has been restored. The WCC will remain independent. There is some bad news, but it is not unexpected: the Middletown office will close as of July 1 and 2 vacant positions will be eliminated

Bulletin 49 now available

2012-03-27T06:19:00.000-07:00

The Workers’ Compensation Commission’s Bulletin 49 is available to the public free of charge, and contains the entire Workers’ Compensation Act, additional related statutes, and Workers’ Compensation Administrative Regulations. Also included are illustrations of Connecticut’s workers’ compensation forms.

To receive a copy of the Bulletin 49, please contact either your nearest Workers’ Compensation Commission District Office or the Commission’s Education Services [(860) 493-1500].

The 11 Most Life Threatening Jobs on the Planet

2012-03-06T05:58:00.003-08:00

The danger workers face on the job is not always compensated by higher pay. Life-threatening jobs can be mind-numbingly simple, easily performed by unskilled workers or children, or as physically and mentally demanding as one can imagine. Cable television shows like Deadliest Catch and Ice Road Truckers give some sense of the dangers faced by workers in the sea fishing and truck driving industries respectively, while films like Workingman's Death (2005) document examples of dangerous, and almost pointlessly unproductive manual labor. Below are 11 life-threatening jobs ranging from the banal to the bizarre.

Street Sweeper (Rwanda)

The most humble of jobs can be the most dangerous. On the streets of Kigali province, in the country of Rwanda, women dressed in blue work from dawn to dusk sweeping the roads and highways. Drivers, going several miles per hour, zoom past, their cars missing the street-sweeping women by just inches. The women wear no reflective clothing, and there are no cautionary signs or pylons alerting drivers of the presence of these women on the road. In a country with 30% unemployment, street sweeping, which pays approximately $3 a day, is a sought-after job.
King Crab Fisherman (Alaska, United States)

More dramatic than street sweeping, crab fishing in the Bering Sea is one of the world's most dangerous professions. The fishing takes place night and day in rough waters that constantly and violently rock the boats, sending high waves crashing over the decks. Fishermen can slip on the soaked deck, get hit by flying objects, or fall overboard into freezing water. In the 1990s, the Alaskan fishing industry experienced 400 deaths per 100,000 employees. That number has increased since.
Sulfur Miner (East Java, Indonesia)

Java's sulfur miners gather chunks of yellow sulfur located next to a steaming, acidic volcano crater lake. The men hold their breaths and run into the clouds of hydrogen sulfide and sulfur dioxide, gases that burn the eyes and throat, and grab as much sulfur as they can carry before returning to relative safety away from the lake. The miners gag, choke, and spit before repeating the process again and again. The sulfur they gather is used to bleach sugar, make matches, and vulcanize rubber. The miners are paid $10 to $15 a day, with some extra income coming from posing for photographs taken by curious tourists well away from the poisonous gas. Gloves and gas masks are unaffordable luxury items.
Police Office (Kabul, Afghanistan)

As recently as December 2011, police officers and police stations in war-torn Kabul, Afghanistan, have been targeted by the Taliban soldiers and suicide bombers. CBS News reports that every day, five out of 10 Kabul police officers die on the job. Lack of training and high-tech tools, as well as government-level corruption and an economy based on the heroin trade, prevent Kabul's police force from performing their job with any degree of safety or effectiveness.
E-Waste Recycler (Guiyu, China)

Old discarded electronics, including laptops, home entertainment systems, and smart phones, are exported to Guiyu's electronic waste sites to be gathered and broken down, by hand, for scrap metal by thousands of low-paid workers and their children. The electronics release toxic metals and chemicals into the workers and the environment, poisoning families and their environment. The amount of e-waste on the planet is increasing at an alarming rate, mostly in developing countries, with illegal exporting and dumping contributing to the glut of toxic electronics.
Truck Driver (United States)

Driving a truck is one of the most dangerous jobs in the United States. The Occupational Safety and Health Administration reports that truck drivers are "more likely to die in a work-related accident than the average worker," with highway accidents accounting for the majority of those deaths. Most accidents occur because of unsafe actions by drivers of passenger vehicles who, being unfamiliar with large vehicles, ignore the cautionary signage displayed on trucks.

Crocodile Wrestler (Nakhon Pathom Province, Thailand)

The Samphran Elephant Ground and Zoo has been a popular tourist destination since 1985, featuring choreographed performances by elephants, a garden of orchids, and a huge collection of specially bred crocodiles. At the zoo, tourists can enjoy watching crocodile wrestlers happily stick their heads inside the jaws of large crocodiles after first beating them with sticks and dragging them around by their tails. Tourists can also elect to say "no" to this display of animal cruelty and take their business to Thailand's much more humanely run Elephant Nature Park.
Construction Laborer (United States)

How dangerous is construction work? According to the U.S. Bureau of Labor Statistics, construction boasts a work-related death rate of 18 people per 100,000. Construction companies, when they're not taking advantage of undocumented workers or non-unionized workers, generally pay well. But the jobs often require workers to navigate dangerous environments, including underground, great heights, and busy highways. Hazardous materials, including heavy machinery, power tools, and explosives increase the hazardous risks of the job.
Sanitation Workers (United States)

In recent years, better training and improved safety equipment, including more visible outer clothing, have helped to make the still-dangerous job of sanitation workers a little bit safer. But many dangers will always be just part of the job. While collecting sanitation, workers can be struck and killed by passing automobiles, injured by improperly disposed-of hazardous waste, or crushed by the truck's machinery. Garbage is often collected late at night or early in the morning. The resulting fatigue can impair a sanitation worker's judgment and reaction time, creating the potential for accidents.
Coal Miner (Ukraine)

Ukrainian coal mining is one of the most dangerous jobs in the world, with a work-related death rate 100 times higher than that of coal miners in the United States. In addition to unsafe, yet-to-be modernized mines, owned by billionaires who sell coal well below market rates and are unconcerned about worker safety, there are illegal pits employing freelance miners to dig for coal in near-empty mine shafts. "Our enthusiasm comes from our will to survive," says one Ukrainian miner. "If you don't work, you'll freeze to death."
Farmer (United States)

The farming industry is not immune to work-related injuries and deaths. Injuries sustained from charging livestock and tractor rollovers are common. There are instances of farmers falling into grain bins and suffocating as they're smothered in the grain. And at contained feeding operations, gases, dust, and other irritants from decomposing manure have a toxic effect on the long-term health of farm workers. The dangers to workers in the farming industry are in the news recently, as the U.S. Labor Department moves to approve new rules for children working in agriculture. Fatalities for teenage farm workers are four times higher than those in non-farm industries, according to the National Institute for Occupational Safety and Health.

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Worker's Compensation and "Acts of God"

2012-01-13T21:34:00.000-08:00

From Lynch Ryan: Worker's Comp Insider

Annals of Compensability: Of Heroes, Acts of God, and (No) Mercy
When the category 5 hurricane hit Joplin, Missouri on May 22 this year, Mark Lindquist was perched on a mattress which covered his clients, three mentally disabled adults. Lindquist, a social worker for Community Support Services, was following the tornado protocol in a town where basements are virtually non-existent. Unfortunately, the protocol proved utterly ineffective in the wake of 200 mile per hour winds. Lindquist was plucked from his perch and hurled a block away. He was impaled on debris, with every rib broken, his shoulder destroyed and most of his teeth knocked out. He was put into a coma for about two months, nearly dying from Zyomycosis, a rare fungal infection that killed 5 other victims. And to top things off, his three clients perished in the storm.
Lindquist's survival is well beyond the expectations of his doctors. His right arm remains in a sling, but he has use of the hand. An eye that was temporarily blinded has full sight. He moves slowly and has short-term memory loss, but is able to speak clearly.
A Hole in the Safety Net?Lindquist assumed that workers comp insurance would cover his medical costs (a whopping $2.5 million), pay for his 12 daily meds and provide indemnity for his lost wages. (As a low wage worker, Linquist could not afford health insurance.) His assumption of coverage has proved naive. He certainly was "in the course and scope of employment." However, under Missouri law, Acts of God are only covered by workers comp if work exposes the individual to unusual risk. If, on the other hand, there was no greater risk for Lindquist than that facing the general public at the time of the tornado, the injury is not compensable. Lindquist was working - heroically - but the work itself did not cause the injuries. His claim has been denied.
End of story? Not quite. Certainly a case can and will be made that by lying on top of a mattress, in that particular location, Lindquist was more exposed to harm than the general public. He will be able to show that had he not been working, he might have been able to drive his van out of harm's way. Given the high profile of his claim, he is likely to prevail at some point in the process.
It's worth noting that of 132 comp claims filed in the tornado's aftermath, only 8 have been denied. It may have been an Act of God, but somewhere along the line there will be an act of mercy to help a courageous worker rebuild his shattered life from the ground up.
Thanks to Mark Walls and his Workers Comp Analysis Group for the heads up on this story.

Tough Month at the CRB

2012-01-13T21:23:00.000-08:00

A flurry of recent decisions have just come down from the Connecticut Compensation Review Board on a Myriad of issues, big and small. Not a single win for a Claimant.

This is a tough enviornment in which to represent an injured worker in Connecticut. be sure you have and experienced Connecticut Worker's Compensation Lawyer on your case to help you understand your options and receive the best possible advice.

Will I or Wont I get SSD?

2011-10-21T19:37:00.000-07:00

Here is the handy website for looking up a particular Administrative Law Judge's approval statistics. It is fairly out of date now, but it is fun to look at.

Most Dangerous Jobs

2011-10-21T19:29:00.000-07:00

From Risk Management Magazine:

by Morgan O'Rourke
According to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.
Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and ranchers (41.4), and mining machine operators (38.7) rounded out the top five occupations with the highest fatal work injury rates. To put these numbers in perspective, the fatal work injury rate for all American employees in 2010 was only 3.5 per 100,000 workers.
For sheer numbers, more truck drivers and delivery workers (683) died on the job than those in any other profession. This equated to a fatality rate of 21.8 due to the much larger workforce in this category. The mining industry was particularly hard hit in 2010, as multiple deaths from the Upper Big Branch mine and Deepwater Horizon oil rig explosions helped increase fatalities by 74% over 2009 and inflate the fatality rate from 12.4 to 19.9.
Overall, the Bureau's Census of Fatal Occupational Injuries determined that 4,547 workers were killed on the job in 2010, an amount virtually unchanged from 2009 when 4,551 fatalities occurred. This figure, however, was still low enough to make 2010 the safest year on record, representing a 25% decline in deaths since the census was first conducted in 1992.
TOP 10 MOST DANGEROUS JOBS IN 2010(with fatal work injury rate)
1. Fishermen -- 116.0
2. Logging workers -- 91.9
3. Airplane pilots and flight engineers -- 70.6
4. Farmers and ranchers -- 41.4
5. Mining machine operators -- 38.7
6. Roofers -- 32.4
7. Sanitation workers -- 29.8
8. Truck drivers and delivery workers -- 21.8
9. Industrial machine workers -- 20.3
10. Police officers -- 18.0
----------
Morgan O'Rourke is editor in chief of Risk Management.

The Perils of Pain Management

2011-10-12T21:13:00.000-07:00

Back in the good old days when I first started doing Connecticut worker's comp law, musculoskeletal and low back claims used to be fairly straightforward. One was injured, they saw their orthopedist and either they did a short course of physical therapy or they were a surgical candidate and they had their problem corrected surgically. The claimant would be out of works maybe six to eight weeks and move on. A few months after that, they would get a PPD rating and we could either get that paid or settle the case.

Now, there is a new and unholy place. It is the place of pain management, or as it is called in some places, physiatry. These areas of medicine have become great profit centers for doctors and hospitals. A claimant gets hurt on the job, sees the orthopedist, and if they are deemed to not be a surgical candidate, the doc sends them to an affiliated "pain management" or "physiatry" or "rehabilitative medicine" physician---frequently found in their own practice--- for treatment. This is, in the case of the worker's comp client, the same as being lead into a dead end alley. Now, rather than than a six to eight week stint of recuperation, the client is likely looking at months and months of "pain management"...typically manifested by epidural steroid injections and things of that nature. It creates a cycle of dependency in the mind of the claimant that, in my opinion, does not improve their outcome medically, or bring their legal matter to a head.

Clients are kept at T, or worse, TP, for weeks or more commonly months on end, doing job searches and not doing much else during the 4 week intervals in their visits to pain management. The lawyers dont get reports from these docs, the insurance companies hate paying indemnity for these long periods, and the whole case just gets bogged down. These sojourns have not, in my anecdotal experience improved results. To the contrary---they seem to make claimants more and more anxious.

In this economy, people want to work. When a claimant is told by their pain management doc that they cant work---or more commonly---can only do light duty---it creates a tremendous impediment to that all important concept of closure. People languish in pain management. Their case drags on longer that it should. Their FMLA expires. They lose their job. It is a bad, bad situation.

Back in the old days, the notion of green penicillin was the great elixir. Closure and a decent monetary benefit got the claimant back to work and brought closure to the case. Now, with pain management, the green penicillin is hard to come by and closure takes a lot longer than it should.

Social Security Tax Adjustment Triggers 2011 Comp Rate Changes

2011-04-13T21:03:00.000-07:00

View the memorandum addressing this issue here

Record Number of Fall on Ice Cases this year

2011-02-10T19:31:00.000-08:00

I am absolutely up to my eyeballs in slip and fall on ice cases this Winter. Our near record snowfalls, cold temperatures, and the occasional thaw/freeze day, have all combined to keep the phones ringing with people calling to see if they have a case. In many instances they do.

There are a lot of ins and outs to a slip and fall claim and each one is different. The weather, the specific location of the fall, and the specific reason you found yourself at the site all play into whether or not you can recover for your injuries.

If You are the victim of a slip and fall, try and make note of your exact location. Note the address. Any landmarks to reference the location of your fall. Take photos. Most cell phones these days have built in cameras so there really is no excuse not to document the conditions that lead to your mishap. Seek medical attention as needed and if you have any questions, feel free to contact out experienced Hartford personal injury lawyers.

Mileage Reimbursement rate Rises

2011-01-11T11:54:00.000-08:00

The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2011 is now 51.0 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.
Click here to read more about mileage reimbursement rates, including those for travel expenses incurred in past years

Connecticut Supreme Court Offers Clarification on Timliness of Heart & Hypertension Claims

2010-12-16T19:14:00.000-08:00

In a long awaited decision, the Connecticut Supreme Court provided some clarity in the murky waters of when must a police officer or fire fighter bring a heart or hypertension claim under Connnecticut General Statute section 7-433c. In Ciarelli v. Town of Hamden which was released on December 21, 2010, the Court concluded 1.) that a claim for heart and hypertension benefits should not be treated as if it were a repetitive trauma type claim, but rather as an accidental injury, specific to a certain date and time and 2.) the one year statute of limitiation for bringing such a claim begins to run when a claimant receives "an actual diagnosis of hypertension communicated to (him) by a medical professional."

This establishes a black letter rule that seems to be far easier for claimant's and their attorneys to follow in analyzing whether or not an H&H claim is timely. If the doctor tells you you have "hypertension" then the clock begins to run. Isolated elevated readings do not a diagnosis of hypertension make.

If you or a member of your family is in the police or fire fighting fields, and you feel as if you may have a claim for Connecticut heart and hypertension benefits, please call our West Hartford Worker's Compensation office for a no obligation assesment of your particular scenario.

Six Hours Well Spent: The Medical Education of a Connecticut Workers Comp Lawyer

2010-10-29T20:37:00.000-07:00

The neurosurgeons and orthopedists at Neurosurgery Orthopedics Spine Specialists (NOSS) in Waterbury, together with two of their colleagues at Orthopedic Associates of Hartford were kind enough to dedicate their day to educating 100 or so of us lawyers toiling in the fields of Connecticut Workers Compensation Law as to the intricacies of diagnosing cervical spine (neck) problems and shoulder injuries. These knowledgeable professionals shared their opinions on the anatomy of both the neck and the shoulder, radio graphic studies, and operative and non operative treatment modalities to work related neck and/or shoulder injuries. It was a wonderful and rewarding experience. I hope to take nuggets of what I learned today and go forward, better able to represent my Connecticut workers in these complicated but common workplace injuries.

Distracted Drivers and Workers Compensation

2010-10-05T21:24:00.000-07:00

The trend nationally is to prohibit the use of cell phones in motor vehicles. Such a ban would make use of a cellphone while working a deviation from employment and accidents involving cell phone use at work would then be considered a deviation from employment and excluded from workers' compensation coverage,
Citing cell phone usage while driving, the Federal Government is making a major initiative to get workers off cell phone while at work. U.S. Transportation Secretary Ray LaHood today announced the agenda for the second national Distracted Driving Summit to be held on September 21st , 2010 in Washington, DC.
Building on the success of last year’s summit, Secretary LaHood will convene leading transportation officials, safety advocates, law enforcement, industry representatives, researchers and victims affected by distraction-related crashes to address challenges and identify opportunities for national anti-distracted driving efforts. U.S. Labor Secretary Hilda Solis, U.S. Senator Jay Rockefeller and U.S. Senator Amy Klobuchar will also speak at the summit.
“Thousands of people are killed or injured every year in accidents caused by distracted drivers,” said Secretary LaHood. “One year after our first national Distracted Driving Summit, we will reconvene to take stock of our progress and reassess the challenges and opportunities that lie ahead. I look forward to hearing insights from our distinguished panelists and guests, and know that by working together, we will save lives.”
The 2010 Distracted Driving Summit will be live webcast at www.distraction.gov, enabling the participation of people around the country. US employers are urged to set policies to prohibit the use of cell phones at work. "Use a variety of organizational channels to communicate with employees the company's commitment to safety and health and specifically to the nonuse of cell phones and texting. Make it clear to your employees that the expectation is that they will NOT talk or text on their cell phones while driving on company time or in company vehicles. Have employees sign a contract that says they will not violate the organization’s ban on texting and driving."
Many State Laws already ban the use of cell phones while driving. Sample legislation to be used as a starting point for states crafting new laws to prohibit texting while driving has been encouraged.
Making the workplace safer is a major purpose of workers' compensation law. Public policy will certainly support the effort to end distracted driving. The trend to exclude coverage for distracted driving is a signifiant move in the right direction to help workers steer clear of accidents.

Your (case may be) Never Too Old

2010-10-05T21:08:00.000-07:00

This week I have attended two hearings on behalf of clients that were injured on the job some time ago. In both cases neither client had a lawyer until they hired me. They came to see me because, as so often happens, they heard, through the grapevine, that they were not getting their just due under Connecticut Workers Compensation Law. One was injured in 2005 ad the other in 2009. I both cases, a careful interview of the client revealed that their suspicions were correct---they were both owed benefits that they had never been made aware of and never pursued.

The moral here is that it really is imperative that if you are hurt on the job, you consult an experieced Connecticut Workers Compensation Attorney. The laws are complex and the legal theories leading to recovery are many. Your old case may be found money and you owe it to yourself to get what you are entitled to.

Updates to SSD Hearing wait times

2010-09-09T13:06:00.002-07:00

NOSSCR is reporting this month's wait times for an ALJ hearing at 330 days in hartford. that sounds about right.

The time Judges are taking to render their decisions seems to be considerably longer.

OSHA Fines in Lumber Co. fatality Case

2010-09-09T13:06:00.001-07:00

PHENIX CITY, Ala. - The U.S. Department of Labor's Occupational Safety and Health Administration has cited MDLG, doing business as Phenix Lumber Co., for 53 safety and health violations following the death of one worker and the critical injury of a second at its Phenix City facility. Proposed penalties total $439,400."Phenix Lumber failed to protect its workers from death and serious injury," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Employers are legally bound to provide a safe work environment for their employees. This company has repeatedly failed to do so, costing one worker his life and grievously injuring another. This must stop." In March, OSHA inspectors opened a follow-up joint safety and health inspection to verify abatement from a previous visit that identified failure-to-abate violations. Before OSHA could conclude its review, one worker was killed when his head was crushed between a motor being hoisted with a forklift and other equipment. Another worker was seriously injured after he fell approximately 10 feet, breaking his neck, while doing daily maintenance on the debarker in the saw mill.In connection with the fatality, Phenix Lumber has been issued one willful and five serious safety and health citations for permitting a worker to stand under an elevated portion of a powered industrial truck allowing a crushing injury. In relation to the fall resulting in critical injury, the company has been issued one willful, one repeat and one serious safety citation for not providing guardrails and fall protection, and not having a means to disconnect a rotor motor.The follow-up inspection additionally resulted in the company being issued two failure-to-abate, 11 repeat, 21 serious and 10 other-than-serious safety and health citations for other violations. Those violations include failing to provide energy control procedures for equipment and machinery that require more than one lockout device, failing to provide proper electrical enclosures around live conductors and allowing ignitable or combustible dust to accumulate."Phenix Lumber has a history of saying it will correct its safety deficiencies, yet continues to allow a hazardous environment for its workers," said Cindy Coe, regional administrator for OSHA in Atlanta, Ga. "This horrendous situation cannot continue and will not be tolerated."The company has 15 business days from receipt of the citations and proposed 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. The site was inspected by staff from OSHA's area office, 1141 Montlimar Drive, Suite 10006, Mobile, AL 36609; telephone 251-441-6131. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

A Reminder About Surveilance

2010-08-04T13:02:00.000-07:00

From the Associated Press:

DOYLESTOWN, Pennsylvania — A woman is accused of illegally accepting workers' compensation payments while working as a stripper.
Forty-three-year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday and will face trial next month.
Prosecutors say the woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.
But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar later that year.
Gamble is charged with two counts of workers' compensation fraud and one count of theft.

At Least 9 Die in Workplace Shooting

2010-08-03T10:44:00.000-07:00

Having represented many employees of Hartford Distributors through the years, my heart goes out to the victims and their families.

Georgia Sugar Plant Explosion Results in $6 Million Fine

2010-07-09T20:15:00.000-07:00

WASHINGTON - The U.S. Department of Labor's Occupational Safety and Health Administration today announced it has resolved litigation with Imperial Sugar Co. stemming from the February 2008 explosion at its Port Wentworth, Ga., plant and subsequently discovered safety and health violations at the company's Gramercy, La., facility."The 2008 explosion took the lives of 14 people and seriously injured dozens of others. Clearly, health and safety must become this company's top priority," said Secretary of Labor Hilda L. Solis. "This agreement requires Imperial Sugar to make extensive changes to its safety practices, and it underscores the importance of proactively addressing workplace safety and health hazards."In the agreement, submitted to Judge Covette Rooney of the Occupational Safety and Health Review Commission, Imperial Sugar will pay $4,050,000 in penalties for the 124 violations found at its Port Wentworth plant after the explosion, plus an additional $2 million for the 97 violations found in March 2008 after an inspection of its only other facility, located in Gramercy. The citations alleged, among other safety and health hazards, that the company failed to properly address combustible dust hazards. As part of the settlement, Imperial Sugar agrees that it has corrected all deficiencies at both of its plants or will correct those deficiencies according to a set schedule. Preventative maintenance and housekeeping programs have been established, and Imperial Sugar will identify and map locations where combustible dust may be present at its plants. The company also will conduct regular internal safety inspections and employee training, and hire an independent expert at each plant to ensure that there are adequate avenues of communication on worker safety and health issues within the company. Furthermore, Imperial Sugar has hired and agrees to continue to employ a full-time certified safety professional for the Georgia plant. The company will retain outside consultants to conduct safety audits for a three-year period and evaluate Imperial's programs relating to managing combustible dust hazards, such as housekeeping, preventative maintenance and protective equipment for workers. OSHA will approve all safety, health and organizational experts retained by the company. OSHA will receive current and accurate injury logs whenever requested, and OSHA will be allowed to enter the facility and conduct inspections based on those logs without objection from the company. OSHA will regularly monitor progress and compliance with the agreement and continue to conduct regular inspections of the facility.Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

Revised Stipulation Payment Memoradum

2010-07-09T20:11:00.000-07:00

Reproduced in toto:

MEMORANDUM NO. 2010-02(Supersedes Memorandum No. 2007-02)
TO:
WCC Commissioners, District Administrators, Advisory Board, Legal Advisory Panel, Medical Advisory Panel, Medical Practitioners, Self-Insureds, Insurance Carriers, Attorneys, and Unions
FROM:
John A. Mastropietro, Chairman
DATE:
June 4, 2010
RE:
Revised Stipulation Procedure – Effective July 1, 2010
The following memorandum supersedes Memorandum No. 2007-02 dated April 2, 2007. The Commission has determined that the prior memorandum did not provide sufficient guidance as to the construction to be accorded the term “commence on or before” contained in § 31-303. For this reason, the Commission issues the following revision based on its reading of § 31-303.
Sec. 31-303 requires that payment “shall commence on or before the twentieth day” from the date of an award or agreement. In addition, “[a]n employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.”
Determination of whether a penalty shall be assessed pursuant to § 31-303 due to the late payment of an award by stipulation shall be based upon the following:
Proof of payment by personal service, certified mail, or registered mail; OR
Placement of the payment due under an award by stipulation with a third party entity engaged in the regular business of delivery and the payor’s retention of written verification of same.
The 20-day period shall be counted from the date following the date on which the stipulation was approved by the Commissioner.
Parties in attendance will be hand-delivered the executed stipulation.
A certification page shall be maintained in the Commission’s file indicating the date on which the stipulation was approved and forwarded by the Commission’s staff.
Approved stipulations will be forwarded to non-appearing parties by regular mail to the address provided within the body of the stipulation by each party who requires and/or requests an executed copy.
For reference, § 31-303 provides:Payments agreed to under a voluntary agreement shall commence on or before the twentieth day from the date of agreement. Payments due under an award shall commence on or before the twentieth day from the date of such award. Payments due from the Second Injury Fund shall be payable on or before the twentieth business day after receipt of a fully executed agreement. Any employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.

Hey Jim, Can You Loan me $1500 'til My Case Settles?

2010-06-23T21:43:00.000-07:00

Brother, can you spare a dime? That's how the old saw goes, and not a month goes by without one of my clients calling, and they "hate to ask, but" look for a loanbfrom me against their comp settlement.

I feel bad for most of my clients. I truly do, and it is hard sometimes for me to say no. But I do.

I explain, as best as I can, that the Rules of Professional Responsibility prohibit me (thank goodness) from loaning my clients money. I always add the postscript that if I lose my license to practice law, I am of no use to them at all.

There are a number of firms out there now that will loan money against a WC settlement. In most cases, I try and steer my clients away from these outfits as I find heir rates usurious. But occasionally, suc a loan is a necessary evil.

I do my best to get to know my clients on a personal level. I like it that way. If I think they need the money, and understand the ramifications of these settlement loans, then after discussing it with the individual, Imake it happen. Most of the time it works.

No matter what, though, I can't loan you a dime (or $1500.00)

Commuting Payments End For Workers' Comp Commissioners - Courant.com

2010-06-22T07:55:00.000-07:00

Commuting Payments End For Workers' Comp Commissioners - Courant.com