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News Anchor Bitten in Face by Dog Live on Air

David Mittleman — Thu, 09 Feb 2012 11:56:02 GMT

During what was supposed to be a heart warming segment on a local television newscast, a reporter was biten in the face by a dog rescued from an icy lake the day before by firefighters. The dog, an Argentine Mastiff, was sitting on the set of "Kyle's Kritters" on NBC's KUSA Denver with the host, Kyle Dyer, when she leaned her face down to kiss the pooch and was bitten live on air.

Naturally, the ordeal went viral on the Internet but the TV station has attempted to yank the segment before viewers could see it again. Dyer was apparently sent to the emergency room immediately after the attack and underwent emergency reconstructive surgery. The 3-year-old dog was taken to a Denver animal shelter and is under quarantine.

Michael Robinson, the dog's owner, was cited under Denver's "leash-law" for not having the dog under control at all times, for allowing a dog to bite and for not having the dog properly vaccinated. However, animal experts counter that Kyle was to blame for putting her face too close to an unfamiliar dog that felt threatened in a new environment. Robinson is due in court on April 4 but the dog is expected to be released after 10 days to his owner. The TV station is reviewing its policies in regards to animals in the studio.

Originally posted at InjuryBoard by David Mittleman

Federal Posting Requirements

Robert Blanchard — Wed, 21 Nov 2007 09:50:04 GMT

One impediment to an injured worker receiving fair compensation is the employee lack of knowledge about the laws an rules that apply in the workplace. If an injured worker does not know that there should be compensation for certain injuries (carpal tunnel syndrome, for example), the claim for benefits may not be timely filed. Interestingly, Federal law requires the posting of information about a number of topics, but workers compensation is not one of them. State laws govern the posting of worker compensation rights.
Federal law currently requires posting about the following:

1. New Federal Minimum Wage (Fair Labor Standards Act) - With the minimum wage due to go up each year through 2009, employers are required to display a poster prescribed by the Wage and Hour Division of the Department of Labor.
2. USERRA Notice - covers the Uniform Services Employment and Reemployment Rights Act, which protects the employment and benefits rights of workers in the military.
3. Equal Employment Opportunity - provides information concerning the laws and procedures for filing complaints of violations of the laws with the Office of Federal Contract Compliance Programs. (OFCCP)
4. Occupational Safety and Health (OSHA) - informs employees of the protections of the Occupational Safety and Health Act and its amendments.
5. Polygraph Protection - explains the Polygraph Protection Act on its promises as prescribed by the Secretary of Labor.
6. Family and Medical Leave - informs employees how to file a complaint and summarizes the major provisions. This must be posted even if there are no eligible employees.

Originally posted at InjuryBoard by Robert Blanchard

Won Your Workers Compensation Case? Not so Fast

Jon Lewis — Tue, 24 Nov 2009 13:02:11 GMT

What are the insurance companies doing now? They are using "Utilization Review" in order to cut off workers compensation benefits. How does that work?

Well, the Alabama Workers Compensation Act allows for "Utilization Review". That means that the workers compensation insurance carrier can submit your medical records to a third party physician to review and determine if they are related to the injury. If that third party physician says, "No", the workers compensation carrier cuts off the injured employee's benefits.

How does this work in practice? Take my client for example. She had surgery approximately ten (10) years ago. Her workers compensation case was settled, and her medical was left open for future treatment. Typically, that is what happens in workers compensation cases. The person receives medical treatment for the related injuries for the rest of her life.

For ten (10) years, my client has been receiving prescriptions and medical treatment for her injuries. Out of the blue, the insurance carrier sends her records to a foreign doctor in El Paso, Texas who opines that her injuries and medical treatment are not related. So, the insurance carrier, under the "utilization review" provision, cuts off her medical treatment.

Why did they wait ten (10) years? How can this doctor supersede my client's local doctor's opinion when he hasn't even examined her. Shouldn't the "Authorized treating" physician have the final say? The insurance carrier approved her "Authorized Treating" Physician.

This is ridiculous and unfair, but that is how the insurance industry works. Insurance covers everything but the loss. All they want is their money and to hell with everything else - morals, humanity, sympathy, kindness, and generosity. It is all about the bottom line. People talk about "greedy trial attorneys" when they should be talking about "greedy insurance companies".

Originally posted at InjuryBoard by Jon Lewis

Will Dangerous Ammonia Refrigeration Systems be Phased Out?

Shapiro, Lewis & Appleton — Sat, 20 Jun 2009 20:47:23 GMT

Every year ammonia refrigeration systems cause accidents and explosions in large commercial factories across the United States. Although large companies are aware of the risks of using ammonia refrigeration, it is very important that companies inform their workers of these risks as well. Workers who may be exposed to ammonia or become victims of an ammonia blast should know the potentially lethal effects of this chemical. Even a small leak in these refrigeration systems can have deadly consequences if not caught in time. Ammonia refrigeration is very dangerous because when the chemical is mixed with air in the 16%-25% range it can cause a large explosion capable of leveling an entire building. The ammonia itself is also very toxic and is corrosive to the eyes, skin, and lungs. Workers involved in ammonia accidents of this type are likely to sustain severe injuries and burns if they survive. Even though ammonia is a serious health hazard, many large corporations choose to use this type of refrigeration because of ammonia’s heat transferring properties, its cost effectiveness, its wide availability, and its low impact on the environment.

As OSHA and EPA regulations for ammonia refrigeration systems are becoming more stringent, corporations and insurance companies are looking for an alternative to ammonia refrigeration that would also minimize the safety risk to workers. It seems that carbon dioxide may be a good candidate for future refrigeration systems. Carbon dioxide refrigeration is already being widely used in Europe because unlike ammonia, carbon dioxide does not pose a health risk and is non-toxic and non-flammable. Since carbon dioxide is a benign chemical it is also not heavily regulated by OSHA or the EPA. Carbon dioxide does have some drawbacks however. Carbon dioxide is very effective for use in freezers, and coolers in the low range of the temperature scale, but is not very effective for the high side of the scale for use in an engine room or condensers because carbon dioxide has to be highly pressurized.

However, many companies have found that using both ammonia and carbon dioxide is a very effective method. Using both chemicals allows for effective use with low and high scales. It also increases safety because concentrations of ammonia will be lower and the ammonia will be contained in areas such as engine rooms far away from workers. This method using both ammonia and carbon dioxide is called a CO₂/Ammonia Cascade System and it is likely to replace refrigeration systems that use ammonia alone in the next few years. Greenhouse gases called chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs) that have been commonly used as refrigerants are being banned and phased out in most developed countries including the United States. These bans have led companies to seek alternative refrigerants that do not have a negative impact on the environment. As the United States is scheduled to conclude its phase out of HCFCs by 2030, refrigerants such as ammonia and carbon dioxide that are non-ozone depleting will be more widely used. The CO₂/Ammonia Cascade System that offers the advantage of increased safety may very well be the future of refrigeration.

 

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard as a pro bono service to consumers. Lawyers licensed in: VA, NC, SC, WV, DC, KY, who handle car, truck, railroad, and medical negligence cases and more.

Originally posted at InjuryBoard by Shapiro, Lewis & Appleton

Finding the Last Straw: Workers’ Comp Cumulative Injuries and Causation

Nick Avgerinos — Mon, 04 Aug 2008 10:13:00 GMT

Finding the Last Straw: Workers’ Comp Cumulative Injuries and Causation

When you’re seriously injured, you know it. Most of the workplace injuries you hear about in the news are pretty clear-cut: machinery malfunctioned, someone slipped, a tool was dropped, etc. But what about the more silent slips? I’m talking about the majority of workers’ compensation claims: cumulative injuries. According to the Bureau of Labor Statistics, the incidence of cumulative trauma disorders rose almost 1000% between 1982 and 1991. And it keeps rising. So, why don’t we hear about it? It’s not an interesting story.

You’ve been working hard for many years, you’re accustomed to your job, and you perform it well. Then, one day, something’s different. Sometimes you can’t quite place the problem. You just know that you can’t do the same things that you used to be able to do. And you want to shrug it off…but you shouldn’t. And most often, you can’t. Other times, you wake up with centralized, excruciating pain. But, still, you haven’t done anything different. And often you’re initially confused about the origin of the pain.

Workers’ compensation claims are complicated, mostly because it’s not easy to trace causation. Many employees who suffer on-the-job injuries are involved in occupations that tend to tax their bodies regularly: factory and construction workers. Often, these workers are also fiercely loyal and extremely dependable, staying at their jobs for many years. The combination of arduous labor and the passage of time wear down the body and slowly bring about many debilitating injuries.

So, what’s the difference between these types of injuries and your standard work accident that results from a specific trauma to the body? Causation is much more difficult to prove. There’s not a cut-and-dry explanation of ‘A’ happened and, thus, ‘B’ is the result. Rather, each day of work has slowly contributed to the degeneration or breakdown of the worker’s body. There’s not one thing that went wrong, but many years of bodily abuse. It’s always worthwhile to piece together the causal chain that explains your injury. With mounting medical bills, it seems unfair that you have the added fiscal strain of dealing with discomfort.

All you want to do is get back to your normal routine. And you should be able to do just that…you just have to fight for your right to do so. Before it gets to that point, though, there are steps that can decrease the likelihood of allowing cumulative injuries to form; namely, safety precautions. Recently, fellow IB attorneys Steve Lombardi and Brooks Schuelke have discussed steps that construction workers can take to protect themselves. It’s important that factory workers, auto mechanics and others who perform physically demanding work do the same, insisting on proper safety training from their employers. Here are some warning signs that there might be an impending problem:

Numbness (oftentimes at night)
Decreased Joint Motion
Swelling
Burning
Pain
Aching
Redness
Weakness
Tingling
Clumsiness
Cracking or popping of joints

The above symptoms may involve the back, shoulders, elbows, wrists, or fingers. If symptoms last for at least one week, or if they occur on many occasions, you should consult a doctor. Prevention is preferable to treatment, so be aware of your body and keep any eye out for any discomfort. Cumulative trauma is a serious problem in today’s workplace, and the less you allow the injury to accumulate, the more of a chance you will have to successfully deal with the problem.

Originally posted at InjuryBoard by Nick Avgerinos

BP Seeks to Block Expert Testimony in Deepwater Horizon Trial

Scott Kappes — Tue, 31 Jan 2012 13:27:27 GMT

According to an AP report, BP and other companies involved have filed numerous motions to block the testimony of two expert witnesses in the trial over Deepwater Horizon explosion of April 20, 2010. The experts in question, Robert Bea, a University of California-Berkeley engineer, and William Gale, a California-based fire and explosion investigator and consultant, are scheduled to testify about an alleged disregard for safety throughout the company that eventually led to the disaster.

The trial, which is set to begin on Feb. 27, will determine the division of responsibility that began with a massive explosion aboard the Deepwater Horizon that cost 11 workers their lives, and over the course of the next few months resulted in the largest environmental disaster in U.S. history, as millions of gallons of oil poured into the Gulf of Mexico from the blown out well. The trial is expected to rely heavily on expert testimony and if these experts are barred from testimony it could have an enormous impact on the trial.

In its filing, BP charged that Bea and Gale's report was "the opposite of good science." BP charged the two experts with focusing solely on BP and analyzing documents and evidence "spoon-fed to them" by plaintiffs lawyers. BP accused the experts of ignoring the "safety culture of the other parties" involved in the spill, in particular Transocean Ltd., the drilling company running operations aboard the Deepwater Horizon.

Attempts to exclude expert testimony are the standard in most trials of this nature; however, Tulane University law professor Ed Sherman told the AP that he would be surprised if the experts were excluded from the trial.

Originally posted at InjuryBoard by Scott Kappes

Gas Explosion Kills One, Injures Five in Philadelphia, PA

Amber Racine — Thu, 20 Jan 2011 08:51:41 GMT

A Philadelphia gas main exploded at 8:30 p.m. on January 18.

Reports reveal that one of the PGW workers was killed and five others were injured as a result of the gas explosion. In addition to the PGW workers, a firefighter also suffered injuries. They were treated at Torresdale Hospital. At least one victim taken to a burn center.

The problem occurred at at a gas and water main break at 6900 Torresdale Avenue around 7:19 p.m. The explosion caused a 50-foot tall fireball and a three-alarm fire, setting fire to at least two homes and a PGW truck. Several dozen residents as well as individuals occupying businesses in the area were evacuated because of the gas explosion. One man’s account of the explosion stated that it caused homes in the neighborhood to shake and knocked a man over who was standing next to him.

While the cause of the Pennsylvania gas explosion is being investigated, similar incidents have been linked to a gas company’s failure to accurately install, maintain, or replace gas mains. Safety rules and regulations are in place to ensure that above ground gas pipes and valves are visible and that the area surrounding these mains are properly maintained. Moreover, the condition and visibility of these gas mains are supposed to be checked routinely for corrosion and other problems so they can be repaired properly and swiftly.

As this tragic accident in Philadelphia demonstrates, gas explosions present several risks to utility workers, firefighters, residents, and business owners. Gas explosions often lead to serious fires, which in turn can cause individuals to suffer burn injuries and other calamities.

Originally posted at InjuryBoard by Amber Racine

Protect against Hearing Loss

Michael Roberts — Fri, 02 Sep 2011 12:46:31 GMT

The most common work-related injury in the U.S. is occupational hearing loss, according to the U.S. Centers for Disease Control and Prevention (CDC). An estimated 22 million workers are exposed to hazardous noise at work, and some 9 million are exposed to ototoxic chemicals.

Moreover $242 million is spent on worker’s compensation for hearing loss disability annually.

Ototoxic Hearing Loss

Ototoxic chemicals are chemicals hazardous to hearing. Some of them are capable of damaging the auditory mechanism alone. Others may exacerbate the damaging effects of noise on hearing. Ten million workers are potentially exposed to ototoxic solvents.

Noise Induced Hearing Loss

Noise-Induced Hearing Loss (NIHL) can be caused by a one-time exposure to loud sound as well as by repeated exposure to sounds at various loudness levels over an extended period of time.

NHIL is caused by damage to the hair cells that are found in our inner ear. Hair cells are small sensory cells that convert the sounds we hear (sound energy) into electrical signals that travel to the brain. Once damaged our hair cells cannot grow back, causing permanent hearing loss.

Tinnitus, a continuous noise in the ear as ringing, buzzing, clicking, can also be the result. It affects 50 million people in the U.S.

A report by the Children’s Hearing Institute found hearing loss among children and young adults is rising in the U.S. and that one-third of the damage is caused by noise.

An estimated one child in every eight has noise-induced hearing loss (NIHL), according to the American Academy of Audiology. That means some five million children have a preventable disability that will be with them for life.

Hearing Loss Facts

Fact: Just 15 minutes a day near a noisy subway can cause permanent hearing damage.

Fact: Listening to an MP3 Player at high volumes can cause permanent hearing damage.

Fact: 15 million people in the United Dates avoid seeking help for hearing loss.

Fact: The leading cause of hearing loss is noise – noise at home, work or play. And can affect anyone at any age.

Protect Your Ears

Parents should first listen to noise-making toys before purchasing them to determine how loud they truly are.

The sound should be kept down on computer games and stereo equipment. Most MP3 players and iPods have a function to set a maximum volume setting which is particularly helpful for parents.

Avoid loud movies. Children that participate in bands or adults who use power tools should use hearing protection which is available at the pharmacy or sporting good stores.

Center for Hearing and Communication encourages quiet time activities such as reading, puzzles, art, and visiting libraries and museums.

Finally, with occupational hearing loss being so prevalent it is important to follow all safety guidelines in your field of work particularly in jobs such as the airport, race tracks, assembly lines, or other areas where “harmful noise” may occur.

“Hearing protection is a sound investment.” -Author Unknown

Originally posted at InjuryBoard by Michael Roberts

OSHA cites Manhattan contractor after worker fall at Brooklyn worksite

Paul Napoli — Fri, 10 Feb 2012 10:04:32 GMT

A Manhattan-based masonry contractor faces citations and fines totaling $74,500 after an investigation into a construction worker’s 80-foot fall from a scaffold.

Inspectors from the Manhattan Area Office of the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) visited the worksite at 2738 86th St. in Brooklyn after a worker who was working on a 118-foot high scaffold fell 80 feet to a lower level.

“This employee is fortunate to have escaped death, but what is unfortunate is that this fall occurred in the first place,” said Kay Gee, OSHA's area director for Brooklyn, Manhattan and Queens in a release. “It is effective scaffold maintenance, work practices and fall protection – not luck – that are essential to protecting workers against life-threatening falls.”

The agency cited Navillus Contracting Tile Inc. for six serious violations, serious meaning there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known. OSHA proposed $36,000 in fines for these serious violations:

The scaffold platform was not fully planked and lacked guardrails.
An aluminum access platform was not secured against displacement.
Another worker was not tied off to a safe anchorage point.
Employees accessed work areas by climbing up and down the scaffold frames.

OSHA has cited Navillus for lack of guardrails on scaffolding in the past and proposed $38,500 in fines for this repeat violation.

In 2009, 54 workers died after falling from scaffolds. OSHA has developed standards for scaffolding use.

"To prevent hazards such as these, employers should implement effective illness and injury prevention programs in which they work continuously with their employees to identify and eliminate hazards," said Robert Kulick, OSHA's regional administrator in New York.

Navillus has 15 days to comply, meet with OSHA's area director or contest the violations.

Originally posted at InjuryBoard by Paul Napoli

A Louisiana Crane Company Fined Over Safety Violations After Four Employee Deaths

Beth Janicek — Wed, 28 Jan 2009 13:46:07 GMT

The U.S. government wants to fine Deep South Crane and Rigging due to a crane accident that killed four employees in Houston, Texas. After an investigation that began July 18, OSHA announced that it has issued citations alleging eight violations, six of which are considered serious. These eight violations carry $71,500 in penalties, and the Louisiana based company has 15 business days to either comply, request a conference with OSHA or contest the citations and penalties.

According to a statement released by OSHA, the crane overhauled when the boom reached an unsafe angle, causing the crane to collapse backward striking workers. Mark Briggs, OSHA’s area director for its Houston South Area Office stated that the crane operator was inadequately trained, and the project superintendent did not ensure that the crane did not reach hazardous conditions. This accident is very unfortunate, because if OSHA’s regulations and industry standards had been followed, this tragedy could have been prevented.

OSHA has since responded to the many highly publicized accidents by implementing a Regional Emphasis Program on Crane Safety Standards. Under this program, construction sites are subject to inspection with regards to:

Being stuck by objects
Electrocution
Crane tip-over
Being caught in or between machinery
Falls

According to Regional Administrator Dean McDaniel, “Past inspection evidence indicates these hazards are the leading causes of accidents where cranes are used in the construction industry. This Regional Emphasis Program (REP) was established as an enforcement initiative for the inspection of cranes used in construction, with the goal of preventing serious and fatal injuries to employees working on and around cranes.” The Regional Emphasis Program applies to construction sites in Texas, Arkansas, Louisiana, Oklahoma, and select sites in New Mexico, and require that cranes be inspected prior to each and every use. A complete list of the General Crane Safety requirements (29 C.F.R. 1926.550) can be found here.

Hopefully, these requirements will help restore safety to construction sites, as well as reduce the risk of tragedies, such as this one, from occurring.

Originally posted at InjuryBoard by Beth Janicek