Tag: Workers Comp

The Supreme Court of Idaho on Friday reversed an earlier district court ruling finding that a company contracted to build steel mezzanines for a sugar processor is not protected by exclusive remedy in a lawsuit filed by a worker who fell when a railing gave out.

In 2017, Mitchell Smith was employed by Amalgamated Sugar Co. in Nampa, Idaho, as a pipefitter’s assistant when his employer contracted with Excel Fabrication LLC to help build parts of the company’s new sugar tanks as an “independent contractor,” as designated in its contract, according to Mitchell Smith v. Excel Fabrication LLC.

During the project’s installation, Mr. Smith fell “a substantial distance when the handrail fabricated by Excel gave out, causing him to injure his shoulder.” Amalgamated paid his workers comp benefits. Mr. Smith sued Excel alleging that Excel had been “negligent in its welding of the handrail to the stairs.”

Excel, claiming it was Mr. Smith’s employer and was protected by exclusive remedy, successfully had the case dismissed in district court. The state’s highest court reversed, writing that the district court had erred by misapplying law in determining whether a contractor can be considered an employer.

“Excel has not argued, nor does it appear the facts would establish, that it is exempt from liability,” the ruling states, adding that fact establishes “that Excel is a third party who may be sued for Smith’s injuries.”

 

 

The U.S. Occupational Safety and Health Administration said Friday it cited a Georgia grain silo operator after a worker’s suffocation.

OSHA cited Colquitt-based Cedar Head LLC for nine serious violations after an employee working in a grain silo became engulfed and suffocated in April. The agency proposed $41,303 in penalties.

OSHA said the silo operator failed to train workers on how to safely enter a grain bin and failed to make sure body harnesses and lifelines were adequate to protect against engulfment hazards.

Cedar Head has 15 business days to contest the citations and proposed penalties.

The U.S. Occupational Safety and Health Administration on Thursday said it cited a construction company for exposing laborers to potentially deadly trench hazards during excavation work in the U.S. island territory of Guam.

OSHA said it cited Tamuning-based Superman Corp. for two serious violations after a May inspection found employees working to install a sewer line at a subdivision under construction in Mangilao were not properly protected against trench hazards.  

The company failed to provide an adequate means to enter and exit the trench and it failed to test oxygen levels in the trench before employees entered the workspace, OSHA said.

OSHA proposed $73,219 in fines.

OSHA said it also cited the company for a willful violation after inspectors learned the company’s president, Allen Kim, failed to provide workers with cave-in protections despite having been previously trained on, and warned about, trenching safety.

The company has 15 business days to contest the citation and proposed penalties.

 

 

The U.S. Occupational Safety and Health Administration cited an Ohio roofing contractor for eight willful and two repeat violations after inspectors found workers exposed to deadly fall hazards.

OSHA said Thursday it proposed $548,801 in penalties against Millersburg-based JMH Roofing LLC after employees were seen working on four different residential roofing jobs without proper fall protection during March, April and June investigations.

During the inspections, employees were seen performing roof work at heights greater than six feet without adequate safety protection. The company also failed to provide workers using nail guns with proper eye protection and allowed employees to work without properly extended ladders, OSHA said.

The agency said the company has been cited for similar violations numerous times since 2018.

JMH has 15 business days to contest the citation and proposed penalties.  

 

California lawmakers sent Gov. Gavin Newsom a bill that would establish a presumption that skin cancer is compensable for certain first responders.

S.B. 391, which unanimously passed both the Senate and Assembly this week, would add state game wardens and park rangers to the list of workers eligible for the presumption that skin cancer arose out of employment.

Gov. Newsom has until Oct. 14 to sign the bill, veto it or allow it to become law without his signature.

WorkCompCentral is a sister publication of Business Insurance. More stories here.

The U.S. Occupational Safety and Health Administration on Thursday announced a citation against a Texas contractor that the agency said has willfully and repeatedly exposed workers to falls, electrical hazards and amputations.

OSHA said it cited Houston-based Strategic Materials Inc., which supplies recycled glass to manufacturers, for nine serious violations, one willful violation and three repeat violations.

The company failed to have required lockout/tagout procedures in place, exposed workers to fall hazards, failed to enclose sprocket wheels and chains, and allowed unguarded projecting shaft ends, OSHA stated.

OSHA proposed $370,995 in penalties.

The company has 15 business days to contest the citation and proposed fines.  

 

 

The Tennessee Court of Workers’ Compensation Claims ruled Wednesday that a staffing agency employee who was injured while working from home is entitled to comp benefits as well as attorneys fees for wrongful denial of her claim.

Kari Batey, who was hired by Beacon Hill Staffing Group LLC to handle computer work for one of the agency’s clients, was injured while attempting to hurry downstairs to log on to a remote training session, according to the ruling.

Beacon Hill contended the injury was of unexplained cause or origin and therefore not compensable.

In addition to medical benefits, the court ruled Ms. Batey was entitled to attorneys fees because she had to hire a lawyer after the company denied her workers comp claim.  

 

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Help

BI’s Article search uses Boolean search capabilities. If you are not familiar with these principles, here are some quick tips.

To search specifically for more than one word, put the search term in quotation marks. For example, “workers compensation”. This will limit your search to that combination of words.

To search for a combination of terms, use quotations and the & symbol. For example, “hurricane” & “loss”.