Articles Posted in Workers’ Compensation

The family of Dawn Brancheau, a SeaWorld Orlando trainer who drowned when a killer whale pulled her into the water, has one concern – and that is for the safety of other trainers at SeaWorld Orlando.

A federal job safety hearing before the Occupational Safety and Health Administration’s (OSHA) Review Commission reconvened this week to look into the death of Brancheau in February 2010. In an article on CNN.com, the family issued a statement saying their “interest in the case is the safety of the current and future SeaWorld employees and their hope (that) no other family will have to suffer like we have had to.”

It may not be the kind of accident that could happen here in Pennsylvania, but as workers’ comp attorneys we are interested in the testimony of other SeaWorld trainers regarding the dangers of the job and the training procedures that are involved.

For instance, SeaWorld employees testified that trainers of killer whales are taught to recoginize “precursors” or odd behaviors that could lead to aggression. Yet, the article says that OSHA attorneys reviewed multiple SeaWorld incident reports in which trainers missed aggressive behaviors.

In August 2010, OSHA cited SeaWorld of Florida, Inc., for willfully endangering employees by not taking proper safety precautions. OSHA said the park allowed its employees to work with Tilikum, a killer whale with “known aggressive tendencies.” OSHA also said that SeaWorld Orlando did not provide barriers, decking, oxygen supply systems or other types of protection for the trainers. It will be interesting to see the results of the hearing, scheduled to conclude Friday.

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As workers’ comp attorneys, we hear far too often the tragic story of an employee who has been injured on the job. So we were happy to read on TheCabin.net that the International Paper plant of Conway, AR received an award for going one million hours without an accident.

A number of state officials were on hand as well as a representative from the U.S. Department of Labor OSHA voluntary protection program, to congratulate the manufacturer and its 155 employees for setting a record for safety. The one million hours were accumulated without a lost day away from work due to a work related injury or illness between July 2008 and September 2011.

International Paper makes boxes for a number of businesses across the country. The manufacturer also has a location in Mt. Carmel, Schuylkill County.

A recent article on BusinessInsurance.com reports that the federal Occupational Safety and Health Administration (OSHA) will begin to require employers working in the residential construction industry to use the same methods of fall protection that have bene used in the commercial construction industry.

The safety measures include guardrail systems, safety net systems, or personal fall arrest systems, most of which are likely to add costs to residential construction. However, these measures should lower workers’ compensation insurance premiums and prevent job shutdown or delays if a fatality does occur.

The article states that this change is due to the high number of deaths related to falls in residential construction. OSHA says that residential falls account for almost 29% of all fall fatalities in the overall construction industry, with falls from roofs account for almost 35% of those accidents. Falls in residential construction account for more deaths than any other of the four hazards OSHA has identified as the leading causes of fatalities in the construction industry, including “struck-by” hazards, electrocutions, and “caught in-between” hazards.

Help is may be available for unemployed workers who have exhausted their unemployment benefits.

According to a news released issued recently by the state Department of Labor and Industry, the U.S. Department of Labor and Industry recently notified the state that its “high unemployment period” with a rate of 8.1 percent has triggered the availability of extended benefits.

HUP EB may be paid to claimants who have exhausted all of their regular state unemployment compensation, federal emergency unemployment compensation, and regular Pennsylvania extended benefits.

A preliminary hearing is scheduled for Nov. 9 for a Berks County man charged with theft of more than $255,000 in Worker’s Compensation insurance premiums.

According to workerscompensation .com, Joseph A. Maurer, 58, of Mohnton, who owned and operated Commonwealth Professional Group, Reading, is accused of taking more than $188,000 from Bally Borough and South Heidelberg Township, Berks County, Salisbury Township, Lehigh County and Earl Township in Lancaster County. He also allegedly misdirected $67,000 in premium payments on behalf of several clients.

Maurer is charged with three counts of theft by failure to make required disposition of funds received, which are third-degree felonies and punishable by up to seven years in prison and $15,000 fines. He was arraigned Oct. 12 before Reading Magisterial District Judge Phyllis J. Kowalski and released on $850,000 unsecured bail.

Pennsylvania’s unemployment rate rose slightly from August to September according to the state Department of labor and Industry.

September’s rate was 8.9 percent up from 8.2 percent in August. The state rate for last month was below the national figure of 9.1 percent and has been below the national rate for 41 consecutive months.

Last month’s rate was .2 percent lower than September 2010.

Job-related lung disease is just one of many occupational hazards. Some fields can be more risky that others. But according to an article on Health.com, most types of occupational lung disease are preventable. Philip Harber, MD, professor and chief of the UCLA Occupational and Environmental Medicine Division says, “Simple control measure can markedly reduce expose and the risk.” Below are a few fields that can be detrimental to lung health.

Construction: Demolition or construction dust can expose workers to lunch casnter, mesothelioma, and asbestos. Wearing protective gear, including a respirator, can help.

Manufacturing: Factory workers are often exposed to dust, chemicals, and gases, which could put them at risk for COPD (chronic obstructive pulmonary disease). When mixing ingredients, it is recommended that workers put a lid on the container and wear a filtering mask.

According to the Pennsylvania Department of Labor and Industry, Federal Disaster Unemployment Assistance benefits are available for people out of work due to the effects of Hurricane Irene or Tropical Storm Lee.

Although the deadline to apply for assistance due to Hurricane Irene was Oct. 14, there is still time to file for help if you are out of work because of damage caused by Tropical Storm Irene and you do not qualify for any other form of unemployment compensation.

If you became unemployed due to the effects of the tropical storm in Berks, Bucks, Chester, Delaware, Montgomery, Northampton, or Philadelphia counties, you must apply no later than Oct. 27, 2011.