200911.25
0

Facebook Photos Result in Loss of Sick Leave Benefits

in Sick Benefits

Natalie Blanchard, 29-year-old IBM employee from Bromont, Quebec, has been denied sick benefits by Manulife Financial after posting photographs on Facebook.

Blanchard was suffering from depression and took sick leave, with sick leave benefits from Manulife Financial.  The insurer claimed that it had seen photos of Blanchard enjoying herself and looking cheerful on her Facebook page and stopped her monthly payments on the basis that she was no longer depressed. It is reported that the photos show her attending a Chippendales show, attending a birthday party, and on a beach holiday. In her defence, Blanchard has stated she went on three trips after consulting with her psychiatrist.

Manulife has confirmed it uses social networking sites to check up on people making claims, but, of course, can’t comment on a specific case.

While it is difficult to judge the merits of this particular case, it’s clear that anyone with a personal injury claim should think very carefully about publishing photographs that are open to misinterpretation or even misuse.

200911.25
0

$300 Million Awarded in Tobacco Lawsuit

in Personal Injury Claims

A jury in Fort Lauderdale, Florida, has awarded Lucinda Naugle $300 million in a tobacco lawsuit against Philip Morris, which is the largest ever single award. The award consisted of $56 million in compensatory damages and $244 million in punitive damages. It only took the jury three hours after a three-week trial to assess liability to Naugle at 10 percent and 90% to Philip Morris.

The victim started smoking when she was 20 and smoked for 25 years.  Now, at the age of 61, she suffers from severe emphysema and requires a lung transplant.

It’s assumed that the decision will be appealed and the victim is hoping to survive long enough to get the money necessary for her lung transplant.

Florida is one of 46 states that participated in the 1998 settlement by the seven largest tobacco companies for over $206 billion.  However, a ruling three years ago made it easier for individuals to sue tobacco companies. Some 25 additional cases would go to trial in Florida next year and more than 9,000 people have filed individual lawsuits in various Florida courts.

200911.23
0

Toy-Related Injuries and Deaths

in Child Injury Claims, Product Liability

The U.S. Consumer Product Safety Commission (CPSC) has published a report called Toy-Related Deaths and Injuries Calendar Year 2008 that reveals that there were 19 child deaths and 235,300 toy-related injuries for children under the age of 15.  Riding toys caused the most deaths. Some 47% of the injuries treated in emergency rooms were classified as lacerations, contusions, or abrasions with 45% of these to the head or face.   There has been no statistical reduction in the volume of injuries over previous years, which is somewhat disappointing given a general trend toward safer toys and the recent scares and product recalls of toys made in China.  It should be noted that just because a child was playing with a toy while being injured does not imply a product liability claim.

200911.21
0

American Companies Underreporting Workplace Injuries

in Workplace Compensation Claims, Workplace Injuries

The  U.S. Government Accountability Office (GOA) has issued a report that says that workplace injury statistics in the USA are inaccurate due to underreporting.

The study says that company doctors face pressure to conceal injuries at work – even if it means providing inadequate medical treatment.

GOA surveyed  504 occupational health practitioners , including company doctors and nurses, and found that more than a third said they were asked to provide insufficient treatment to workers so that injuries at work did not appear on company injury logs. Most of the respondees said they were pressured by company officials to downplay injuries or illnesses and over two-thirds said they knew of employees who feared disciplinary action if they reported injuries.

Another factor in underreporting is bonus programs that reward health and safety workers with bonuses if their workplace has no recordable injuries for a period of time.

Companies in the USA are required to record all workplace injuries that result in time off work or medical attention beyond first aid.  The Occupational Safety and Health Administration (OSHA) uses the data to target unsafe workplaces.

The benefit for companies of low accident rates include fewer safety inspections, improved competitiveness when bidding for contracts, and lower workers’ compensation insurance costs.

The GOA’s main recommendation was that inspectors must interview staff to ensure that companies are not underreporting.

200911.18
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Municipal Workers Awarded $3.25 Million For Truck Accident

in Truck Accidents, Whiplash Injury Claims, Workplace Injuries

Two Buffalo Department of Street Sanitation workers whose garbage truck was hit by a commercial vehicle that broke a red light have obtained a compensation settlement of $3.25 million.

The workers were performing their sanitation duties at the time of the accident. They were seriously injured and both required spinal fusion surgeries as part of their treatment for  back, knee, neck and head injuries.

The defendant’s insurance company did not want to settle but an Alternative Dispute Resolution (ADR) process over eighteen months that finished when it was clear that the case was going to go to trial.

200911.17
0

Worker Awarded $8.4 Million for Foot Burns

in Compensation for Burns, Workplace Compensation Claims, Workplace Injuries

A welder called Ignacio Llamas was recently awarded $8.4 million as compensation for a workplace injury when he suffered severe burning when a molten piece of metal broke loose and slid down his foot.

The metal burned through a protective Tyvek suit, slid down Llamas jeans into his rubber boot, and burned the top of his foot. Llamas was working in a confined space and it took some time to remove his boot and take the molten metal off his foot.

Llamas was not wearing leather boots, which are usually worn by welders. Welders’ trousers usually fit over the top part of the boots to prevent anything falling into them. Llamas was wearing rubber boots that fit over the jeans, leaving a gap for falling debris. This made his employers negligent.

The incident occurred in February 2007 in Freeport and the legal relationships were complicated by various subcontracting agreements. The jury assessed blame between different parties – the  contractor Altair Strickland at 19 percent; Certified Safety Specialists at 50 percent; Llamas’ actual employer, Turnaround Welding Services at 30 percent; and finally Llamas at 1 percent,.  The jury effectively found that Llamas was not culpable for his  injury.

The employer Turnaround Welding was covered by a Worker’s Compensation program and Altair Strickland settled before trial for substantially less.

The injury was compounded when a Certified Safety Specialist employee instructed Llamas to attend a doctor who did not properly treat the wound after an emergency doctor said he suffered third-degree burns. The resulting infection compounded the injury.

200911.12
0

Radio Station Compensation Results in $16 Million Wrongful Death Settlement

in Personal Injury Claims, Wrongful Death Claims

A Sacramento, California jury has awarded $16.57 million against Entercom Broadcasting in the case of a Jennifer Strange, who died in January 2007 from drinking too much water to win a Nintendo WII game contest.  The competition was to find the person who could consume the most water without having to go to the bathroom.  However, the problem with the competition is that water poisoning (hyponatremia) can occur when some people drink too much water.

The plaintiffs in the case were the family of the deceased woman.  It was claimed that the radio station was warned about the dangers of water poisoning prior to the contest but went ahead anyway, which was in fact a breach of their own internal rules that prohibit dangerous games.

The radio station was found to be 100% responsible for the death because the deceased woman had no warning about the dangers of drinking too much water.

The deceased had in fact signed a legal waiver of claims for personal injury and courts in California have been generally upholding the validity of such releases.

200911.05
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$9.6 Million Compensation For School Drain Accident

in Child Injury Claims, School Accident Claims

A Queensland, Australia, boy has received AU$9.6m compensation following an accident in a drainage system in school that resulted in catastrophic brain injuries.

Myles Albert Hill was sucked into the drain when boogie boarding (also known as bodyboarding, a form of surfing)  in flood waters on the grounds of The Southport School in Brisbane in February 2003.  The boy was stuck under water in the school’s underground drainage system for eight minutes and suffered severe brain damage that made him unable to talk or use his upper limbs properly.

The Anglican Church was the defendant in the case.  An additional $1.2 million compensation was added for management fees in order to run a trust.