Posts Tagged ‘animals’

Halloween edition of Health Wonk Review; other news notes from the blogs

Thursday, October 29th, 2009

Our local neighbor Tinker Ready of Boston Health News has done a most excellent job in her illustrated Halloween edition of Health Wonk Review – she even included photos from her local haunted house. Go visit now: Health Wonk Review: Killer viruses and the undead public option – lots of good posts in an entertaining format.
Other news from the blogosphere
Is the party over in workers comp? – Joe Paduda of Managed Care Matters sees a lot of similarities between market conditions today and back in the dread late 1990s – lengthy soft market, premium rates that have dropped by two-thirds over five years, continued increase in medical severity … he doesn’t see a soft landing as likely.
FDA issues list of fraudulent H1N1 flu products and websites – “This list is intended to alert consumers about Web sites that are or were illegally marketing unapproved, uncleared, or unauthorized products in relation to the 2009 H1N1 Flu Virus (sometimes referred to as the “swine flu” virus). Note that until evidence to the contrary is presented to FDA, the owner of the listed Web site is considered responsible for promoting the unapproved, uncleared, or unauthorized products. The uses related to the 2009 H1N1 Flu Virus are not necessarily being promoted by the manufacturers of the products.” (Thanks to Gooznews for the pointer.
Could integrating comp medical care into group health could save big bucks? That’s a question that Roberto Ceniceros examines at CompTime in light of a recent California study that says savings could be achieved.
Judge Robert Vonada has been frequently updating Pennsylvannia Workers’ Compensation Journal of late. We particularly enjoyed a recent post entitled an entertaining primer on mediation, in which he points to and comments on a list of thirty things to say in mediation – or as he puts it, a list of things you will hear yourself say and wish you hadn’t.
CDC NIOSH Science Blog offers workplace safety & health tips for tattooists and piercers – a group of workers who are at hgh risk for exposure to bloodborne pathogens. They’ve created a Body Art Topic Page for more information.
We’ve recently been discussing the issue of injuries inflicted by animals and workers comp in the light of the chimp that attacked a CT woman. Risk Monitor features a posting called when circus animals kill that focuses on risks related to wild animals in the entertainment industry.
BLR’s Safety Daily Advisor reminds us that OSHA gives your employees 14 specific workplace rights. See OSHA’s 14-Point Employee Bill of Rights
Quickies

Health Wonk Review; also, the crazed chimp case and workers comp

Thursday, October 15th, 2009

It’s Health Wonk Review week, and the happenings are at Hank Stern’s place this week. Please visit InsureBlog for the Lean, Mean, and Clean edition of Health Wonk Review.
Was chimp mauling work-related?
In other news this week, who can forget last February’s horrific mauling by Travis the chimpanzee that left Charla Nash disfigured and blind? Charla’s extensive injuries are still being treated at the Cleveland Clinic, which specializes in reconstructive surgery and is noted for being the hospital that performed the nation’s first face transplant. Her sister keeps an online diary of her progress at Friends of Charlie Nash. Charla’s family has filed a $50 million lawsuit against the primate’s owner for ” …negligence and recklessness for owning “a wild animal with violent propensities, even though she lacked sufficient skill, strength and/or experience to subdue the chimpanzee when necessary.”
Yesterday, we learned that the attorney for Sandra Herold, the chimp’s owner, asserts that the injuries sustained were work-related and should be treated as a workers compensation claim:

“But Herold’s attorney, Robert Golger, says in recent court papers that Nash was working as an employee of Herold’s tow truck company, Desire Me Motors, at the time of the attack. He argues that Travis was an integral part of the business, saying his picture was on the wrecker, he appeared at the garage daily and he attended numerous promotional events.
The house where the attack occurred is a business office of the company, Golger said. Nash fed Travis, cleaned his play area and purchased his supplies as an employee, Golger contends.”

If the link to work is successfully established, it is possible workers comp could be determined to be Charla’s exclusive remedy. This may force the family’s hand because, according to Connecticut law, a workers compensation claim must be filed within one year of the date of injury.
Workers comp is a no-fault system. While there have been questions raised about whether Herold was negligent in keeping such a dangerous wild animal, employer negligence would not pierce the exclusive remedy shield – just as negligence on the part of an employee would not disqualify an employee from benefits. In most states, an employer’s conduct would have to rise to a standard of deliberate intent to injure an employee to pierce exclusivity.
Workers comp covers wage replacement and medical care, but it differs from civil remedies in that there is no compensation for pain and suffering. In the case of severe and egregious injuries, this can seem unfair, but it is part and parcel of the workers compensation pact – if injured on the job, the employee forgoes the right to sue the employer in exchange for a guarantee that the employer will provide medical care and wage replacement in accordance with a state’s statutory benefits. We’ll have to watch how this plays out in terms of establishing the work connection.