Legal Corner

Workers Compensation
Owner of farm charged with manslaughter - California

The owner of a Watsonville-based company, Willoughby Farms, was charged with involuntary manslaughter after a worker died while servicing a spinach harvester. The worker was strangled to death when the hood on his clothing was caught in a spinning shaft on the machine. The allegations include failing to provide adequate training to employees and failing to cover the dangerous parts of the machine. David Willoughby faces up to four years in prison while his companies face millions of dollars in fines.

While Cal/OSHA issued seven citations, records reflect the employer contested all seven and the case remains open.

Truck driver entitled to benefits for disease caused by repetitive vibration - Missouri

In Collins v. Century Ready Mix Inc., a concrete truck driver spent most of his time sitting in his truck with the engine running. The vibration from the diesel engine was rough and he experienced jarring in his seat because he was on undeveloped roads most of the time. After about thirteen years on the job, he began to experience constant back pain. He filed a comp claim when he learned that the pain could be the result of his work.

An administrative law judge ruled that he sustained an occupational disease and was permanently totally disabled because of his exposure to repetitive trauma within the course and scope of his employment. The Labor and Industrial Relations Commission affirmed and the Court of Appeals held that the decision was supported by competent and substantial evidence.

Retail worker awarded benefits for COVID-19 and consequential stroke - New York

In Aungst v. Family Dollar, an appellate court found that the store manager had presented sufficient evidence to show that, "as a public-facing worker who worked over 50 hours per week in a high-volume store, he experienced an elevated risk of exposure to COVID-19 at work due to his consistent interactions with the public during the time period in question." While his COVID-19 symptoms were initially mild, he suffered a stroke and was hospitalized for about four weeks. A vascular neurologist testified that it was a classic pattern of a COVID-19 stroke.

Police officer not entitled to disability benefits for fall during coffee break - New York

In Pileggi v. DiNapoli, an appellate court upheld a denial of duty disability benefits to a police officer who was injured when she slipped and fell on ice while exiting her patrol car to pick up coffee. She filed applications for accidental and performance of duty disability retirement benefits. The retirement board denied the applications and the Appellate Court agreed noting that incapacitation must be the natural and proximate result of an accident sustained while in service. Stopping for coffee was a personal errand, she was not directed or asked to do so by her supervisor or as part of her job duties.

In making her case she relied on precedent under the state Workers' Compensation Law. However, the court said that was misplaced, as such decisions are not binding on disability retirement matters.

Injured attorney entitled to CBD oil reimbursement - Pennsylvania

In Mark R. Schmidt v. Schmidt, Kirifides, and Rassias, PC, a workers comp attorney injured his back while loading files into his trial bag and was approved for medical expenses. He sought reimbursement for his doctor-prescribed CBD oil, but the firm denied it, arguing CBD oil was not a pharmaceutical drug. He filed a penalty petition alleging his firm violated the comp act, which a judge granted. The Workers' Compensation Appeal Board overturned, finding employers and insurers cannot be forced to pay for CBD oil because it isn't approved by the U.S. Food and Drug Administration and is derived from federally illegal cannabis.

The Commonwealth Court disagreed finding the appeal board didn't have the authority to reweigh the evidence used in the comp judge's decision. Further, FDA approval of treatment isn't a requirement under the state's comp act and hemp-derived CBD oil is federally legal.

Exception to Occupational Disease Act's exclusive remedy applies to retired worker - Pennsylvania

In McHenry v. The Goodyear Tire & Rubber Co., the Commonwealth Court noted that while the Occupational Disease Act (ODA) generally is the exclusive remedy for a worker suffering from an occupational disease, the courts have recognized an exception for latent diseases because the definition of compensable disability or death is limited to occupational disease that manifests within four years. In this case, the court expanded on that exception to hold that where a former employee's occupational disease is not compensable because it did not result in total disability, that former employee is not subject to the exclusive remedies defined in the ODA and may proceed with civil proceedings.

Appeals Board reverses and remands case over work-relatedness in workplace shooting - Tennessee

In Burke, Timothy v. Steve Towers Enterprises, LLC, an auto repair shop manager was accidentally shot by a co-worker during a workplace discussion over a possible private gun sale. The manager sought workers' compensation benefits, and the employer filed a motion for summary judgment, arguing that the injury did not arise primarily out of the employment as purchasing a personal weapon and the presence of a gun were not risks inherent to managing an automobile repair shop.

While a judge granted the summary judgment, the appeals board overruled because a dispute lingered over facts in the case. These include the sequence of events that led to the gun's being inside the store, why the employee handled the gun once it was in the store, what policies existed about guns in the store, and what the manager's responsibilities were for maintaining a safe workplace.

Two civil suits involving workplace shootings can proceed - Virginia

Although the cases differ, both involve workplace violence and have gotten past the exclusive remedy defense in a state with strong exclusivity provisions.This may reflect a changing legal landscape regarding workplace violence.

In a much-watched suit, Abigail Zwerner v. Newport News School Board, involving the shooting of a schoolteacher by a 6-year-old student, a judge ruled that the $40 million suit isn't barred by workers compensation exclusivity and can move forward. He ruled that the injury from a gunshot wound is not a "natural incident of the work" and is not "connected with the employment" of a first-grade teacher. A jury trial is scheduled for January 2025.

In Walmart v. Briana Tyler, a judge ruled that a $50 million lawsuit filed by an employee who survived the Chesapeake Walmart mass shooting last year can move forward. While attorneys for Walmart argued that workers compensation is the only remedy available to her, her attorneys say she was targeted, therefore, the shooting was personal and that workers' compensation is not appropriate. She was not physically injured, as the assailant shot at her but missed.

In the ruling, the judge dismissed Walmart's challenges to claims of negligent retention and "respondeat superior," while sustaining the company's challenge of claims of gross negligence, and willful and wanton negligence.