On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Workers’ Compensation on Thursday, February 16, 2012
Zackery Clement was 25 when a refrigerator fell on him at work, causing him to suffer a hernia. The hernia necessitated three surgeries and still - several years later - causes him "excruciating pain," according to the details of his case. After examining the evidence, the Arkansas Court of Appeals agreed with an administrative law judge's (ALJ) ruling and denied the young man further workers' comp benefits.
What makes the case particularly interesting is the inclusion of photos gleaned from Facebook and MySpace that show Clement "partying and drinking." Clement tried to prevent the photographs from being admitted into evidence, arguing that they lacked relevance to his workers' compensation claim while creating the potential for bias. The court ultimately disagreed, saying that the man's claim of "excruciating pain" made the photos relevant in determining the veracity of his workers' comp application for extended benefits.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Workplace Injuries on Thursday, February 9, 2012
Lower-back problems are a common workplace injury, so why isn't more being done to prevent this painful and often debilitating health issue? There's no easy answer, because lower-back issues are not entirely preventable - one can never eliminate the risk of this injury.
The lower back of human beings - referred to as the lumbar spine - lacks the flexibility of the mid- and upper vertebrae. Exercise and proper posture can help strengthen and use the muscle groups that coordinate with your lumbar region such as the gluteal muscles, therefore reducing the chance of a lower-back injury; however, this area of the human anatomy always remains vulnerable to painful complications.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. on Saturday, February 4, 2012
A recent semi-truck accident killed one Ohio Turnpike Commission worker and injured two others. The tractor-trailer was traveling west on the turnpike when it struck four road construction workers. The impact killed a 53-year-old Perrysburg man and seriously injured two other workers. Miraculously, one worker was not hurt.
The truck driver, also 53, suffered injuries after his 18-wheeler crashed into several road construction vehicles. He was working for Newbury-based Distech Inc. at the time of the construction site accident.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Workplace Accidents on Friday, January 27, 2012
The scene was surreal this morning at the Horseshoe Casino Cincinnati after a large metal beam fell as workers poured concrete. The support beam's fall caused the collapse of a whole section of the structure, putting 20 construction workers at risk of serious injury and death. Miraculously, no workers were killed and all those involved are expected to make quick and complete recoveries.
After news sources reported that the construction workers would all survive and recover, attention quickly shifted to how such a large-scale construction site accident could happen. Several government agencies and organizations are investigating, including the Occupational Safety and Health Administration (OSHA), Cincinnati building inspectors, the Cincinnati Fire Department and the Rock Ohio Caesars construction team.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Workers’ Compensation on Friday, January 20, 2012
A recent workers' compensation settlement just concluded a decade-long legal dispute for a former construction worker who is now a quadriplegic.
Joseph Tuski was just 31 years old on Jan. 17, 2001, when he lost the use of his arms and legs. He was doing highway construction at approximately 10:30 p.m. when an intoxicated motorist ignored the safety flagman and proceeded through the construction zone. The drunk driver hit Tuski, breaking his neck, partially severing his spinal cord, injuring his brain and causing other skeletal injuries.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Workers’ Compensation on Saturday, January 14, 2012
The Centers for Disease Control and Prevention (CDC) recently released new data showing that nearly 70 percent of employed adults diagnosed with carpal tunnel syndrome got it through job-related tasks, according to their physicians. The CDC also recently revealed that approximately 3 percent of working-age adults have been diagnosed with carpal tunnel syndrome (CTS) in the past year.
The news is probably startling to many people in Dayton, but not to workers' compensation attorneys or employees of the Ohio Bureau of Workers' Compensation. Repetitive stress injuries - such as CTS - are common in all lines of work, ranging from heavy construction to telemarketing.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Workers’ Compensation on Friday, January 6, 2012
It doesn't matter if you work in a factory, warehouse or office building, all jobs put workers at risk of repetitive stress injuries (RSIs). Repetitive stress injuries are caused by movements that an employee repeats over and over; they include conditions such as thoracic outlet syndrome, tendonitis and carpal tunnel syndrome.
RSIs can be painful and debilitating, but employees often continue to work while suffering from an RSI. Sometimes this decision can prove costly, as working with an RSI can cause further damage and put the safety of the worker and co-workers at risk. The employee may feel that missing time from work is not an option, because he or she could not afford the loss of income. However, the worker may be able to use Ohio's workers' compensation system to pay for medical expenses and lost wages.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Industrial Workers’ Accidents on Friday, December 30, 2011
A recent workplace accident at the Rumpke Recycling Center in Dayton killed a woman. The victim was sweeping the floor of the recycling center on E. Monument Avenue when heavy bales of paper fell onto her.
Few details have emerged about the horrific accident, but the federal Occupational Health and Safety Administration (OSHA) is investigating. While Rumpke Recycling has not yet been charged with any violations or wrongdoing, OSHA typically finds multiple safety violations when investigating a workplace fatality; fines and citations are likely to be issued once the investigation is complete.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Industrial Workers’ Accidents on Tuesday, December 27, 2011
A 49-year-old has died after sustaining severe burn injuries in a workplace fire on Dec. 7. The man and three others were working at Polymer Partners LLC when a "polymer flash" occurred, sparking a fire that raged for nearly an hour before it was contained. The three other workers were hospitalized for injuries sustained in the workplace accident; two of them have since been released.
This was the second fire at Louisville's Polymer Partners in the past decade. A 2002 fire injured three workers. Polymer Partners has previously been cited by the Kentucky Labor Cabinet for violating safety and training regulations. It is likely facing additional citations and fines for the Dec. 7 fire, but the accident is still under investigation.
On behalf of Dyer, Garofalo, Mann & Schultz L.P.A. posted in Industrial Workers’ Accidents on Friday, December 16, 2011
A structure suddenly collapsed in a workplace accident in Woodville Township Friday morning. Three contractors were installing rebar in a pier at the Martin Marietta Magnesia Specialties facility when the pier collapsed. The government is still investigating the cause, but in construction site accidents such as this, the investigation almost always uncovers safety violations or a failure to follow construction protocol.
Two of the accident victims suffered serious injuries to their faces. Those two workers were transported to a Toledo hospital via helicopter. The third victim was taken to a nearby hospital by an ambulance.
