Here is the background.

In 1992, a bitter labor dispute at Yellowknife Giant Mine led to riots. One of the rioting miners, Roger Warren, was so distraught that he planted an explosive in one of the mines and detonated it via a trip wire. The explosion killed nine miners. Although Warren himself was quickly convicted and is now serving a life sentence in prison, his action set off a legal dispute between the widows of the miners killed and organizations that they alleged were indirectly responsible (and thus liable) for Warren’s actions.

The miners’ widows sued the Canadian Auto Workers, Royal Oak Mines, and the security firm that was supposed to protect the site, Pinkerton’s of Canada, as well as the Government of Canada’s Northwest Territories. In a lower court decision, the widows won a payout of $10.7 million in 2004. But the Supreme Court overturned the lower court’s decision, citing the fact that the parties named did not have sufficient control over the actions of Roger Warren and could not have anticipated that he would commit such a destructive act.

How might the Canadian Supreme Court’s rejection of these miner widows’ claims impact North Carolina workers’ compensation legislation?

Peripherally at best. However, the case does raise some interesting points of law that have international implications.

For one, it re-raises the long running debate over the definition of indirect liability. If someone else causes significant damage (that merits, for instance, a North Carolina workers’ compensation claim), and a third party could theoretically be indirectly implicated in the primary agitators’ actions, what is correct legal remedy? Obviously, in the abstract, you simply can’t answer that question. In this case in Canada, the Supreme Court found that parties like Pinkerton’s and the Government of Northwest Territory could not be liable for the actions of the renegade angry miner. But you can certainly find analogous cases in Canada and in the United States, in which a third party can be held significantly liable for damages that a subordinate party causes.

For instance, let’s say a trucking company hires a driver and fails to vet the drivers’ safety record effectively. The driver then goes out and causes a car accident, which causes permanent spinal damage to a passenger in another vehicle. Although the truck driver who caused the accident was primarily responsible, the injured victim could probably make a great case against the truck company itself for providing the dangerous driver with a truck to drive in the first place.

If you or a family member has been involved in any kind of North Carolina workers’ compensation dispute, you may want to speak with a veteran, highly credentialed North Carolina workers’ compensation attorney ASAP to get a better understanding of your rights and strategic possibilities moving forward.

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Yellowknife Giant Mine - original verdict

Widows Lose Appeal

The attack on the woman, Charla Nash, provoked a firestorm of media coverage last February. Officer Chiafari had been called into deal with the emergency attack. He entered the melee and saw the woman’s mutilated face. The chimpanzee then attacked him. He drew his gun and shot it fatally. Traumatized by the incident, Officer Chiafari put in a workers’ compensation claim, which was denied in just five days.

The disgruntled officer recently testified before Connecticut lawmakers about how important it is to provide workers’ compensation to cover therapy for cases like his. The officer claimed that he suffered post traumatic stress disorder from the incident: he hallucinated that he saw women without faces, for instance.

How might officer Chiafari’s testimony impact North Carolina workers’ compensation policy?

At this point, it’s unclear. The chimpanzee shooting case was obviously quite one-of-a-kind. In other cases, in which an officer might be required to shoot a feral animal, for instance, would it be appropriate for the state to have to pay workers’ comp for counseling or therapy? Obviously, if an officer is forced to shoot and kill a human assailant, therapy benefits would no doubt be provided. But when you are dealing with an animal assailant? Should similar standards apply?

If the bill advocated by Officer Chiafari and others passes the Connecticut Legislature, other states may or may not follow suit and pass similar kinds of legislation. However, as we just mentioned, given the odd nature of this case, it seems unlikely that the bill will provoke a rapid state-by-state change in the law. Although when it comes to North Carolina workers’ compensation policy, you never know.

If you or a family member or a friend is having trouble securing workers’ comp benefits, or if you have questions about North Carolina workers’ compensation insurance coverage, please connect ASAP with a knowledgeable NC workers’ comp attorney.

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Charla Nash

Officer Frank Chiafari

Travelers spent over $1.6 million in just the fourth quarter last year to lobby Congress, the FDIC, the Federal Reserve, the Treasury, and other government agencies.

Hartford Financial Services Group spent more than $0.5 million in that same period.

In addition to lobbying on behalf of North Carolina workers’ compensation concerns, the insurers also sought favorable treatment with respect to consumer protection issues, global warming issues, and insurance regulation reform.

Travelers also lobbied on bankruptcy, asbestos loss, and coastal wind zone issues. Hartford Financial, meanwhile, lobbied on drywall safety issues, retirement securities and flood insurance, and issues concerning the National Insurance Consumer Protection Act.

What should North Carolina workers’ compensation policymakers take away from these concerted lobbying efforts? Will insurance companies substantially impact policy by throwing around their money and influence? And if so, what might insurance-company-induced changes to law and policy ultimately mean for the workers, employers and physicians who must navigate the North Carolina workers’ compensation system?

The reforms these companies seek are complex and technical. But while it might be tempting to dismiss the proposals as purely self-interested (and thus purely destructive to those who might oppose them), only an in-depth analysis of specific policy proposals can lead to any meaningful insights. And even if a particular proposal does look good (or bad) for employees, for instance, there is no way to really know how it will pan out without seeing a full-scale implementation. After all, the real world tends to change policies substantially; the so-called law of unintended consequences guarantees unpredictable outcomes.

These philosophical considerations notwithstanding, if you or a loved one or friend has specific concerns about your North Carolina workers’ compensation, connect with a qualified and highly credentialed attorney. A free consultation can simplify and improve your long-term outlook.

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Hartford Financial Services Group

Travelers Insurance

The Senate bill is designed to respond to complaints at 130 military bases around the nation. These are all listed on something called The Environmental Protection Agency Superfund’s National Priority List. Thousands of military personnel may be impacted by the legislation.

At Camp Lejeune in North Carolina, officers and other personnel came into regular contact with trichloroethylene (TCE) during the course of cleaning airplane parts. This harsh solvent seeped into the ground and local water supply, and many personnel thus indirectly drank it, got it on their skin and inhaled the aromatic compound.

Assuming the proposed Senate bill becomes law, the Department of Defense will have 90 days to create a list “Of individuals exposed to environmental hazards at Camp Lejeune, during the period… in which the water at Camp Lejeune was contaminated with volatile organic compounds, including known and probable human carcinogens.”

To collect North Carolina workers’ compensation benefits from the DOD, potential beneficiaries will likely have to jump through many logistical hoops. If you or a family member suffered exposure to chemicals at Camp Lejeune, it may behoove you to speak with a qualified and highly credentialed North Carolina workers’ compensation attorney to protect your interests and to ensure that you get fair payment for injuries, medical costs, wages lost, and other damages.

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Examination of Exposures to Environmental Hazards during Military Service Act of 2010

Camp Lejeune

North Carolina Insurance Commissioner, Wayne Goodwin, publicized Ms. Spence's sentencing at a news conference. The 34-year-old Emerald Isle resident was ordered to pay more than $46,000 in court fees and restitution to victims of her scheme. All told, 16 different insurance companies and 43 individuals were financially impacted.

Ms. Spence "obtained property by false pretences," according to investigators at the Department of Insurance, who contacted police officers in La Grange to bust the embezzler back in June 2008. Most of the policies embezzled were North Carolina Workers' Compensation policies (along with some homeowners' policies). State officials do not believe that Ms. Spence worked in conjunction with any other entity or syndicate. But her arrest, trial, and sentencing likely have not gone unnoticed by others who would seek to embezzle or otherwise defraud the North Carolina Workers' Compensation system.

If you or a family member has had trouble collecting your North Carolina Workers' Compensation benefits, or if you are having any issues filing paperwork, dealing with your employer, managing negotiations with your insurance company, or talking to your physician or rehabilitation specialist about billing, go over your concerns with a qualified North Carolina Workers' Compensation attorney.

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Terri Lynn Spence

Wayne Goodwin

1. Get support

No one recovers alone. Human beings are social creatures. We need the support of doctors, friends, family members, and other people who are going through similar situations. Reach out to people who can help you, including specialized North Carolina Workers’ Compensation attorneys, support groups, and the helpful operators at the North Carolina Industrial Commission. You are not the first person forced to endure a long and difficult rehabilitation from an on the job injury. And you need not “reinvent the wheel” when it comes to navigating recovery. Listen to what others have to say, and do due diligence and research now to save yourself trouble down the line.

2. Treat your injuries holistically.

You may simply have suffered a sprained finger on the job, or you may have endured something more severe, like a blood injury due to chemical exposure. Whatever the case, in addition to the acute damage the injury/illness has caused you, you have no doubt suffered secondary and even tertiary consequences from the initial insult. Often times, surgery and pain medications can alleviate some of initial symptoms. Work now with your physician to develop a long term system of pain management, exercise, diet, flexibility training, and ergonomic practices. Otherwise, you could easily reopen old wounds and exacerbate current problems. For instance, people who get typing injuries in one hand often revert to using the less favored hand to type -- without changing anything fundamental about their work habits. As a result, the less favored hand also gets injured.

3. Budget realistically for the future - and don’t ignore your finances.

While filling out and waiting for a North Carolina Workers’ Compensation claim to go through, it’s easy to awfulize bad news and celebrate good news. Try to keep yourself on an even keel. The budgetary uncertainty won’t go away soon - even if your claim goes through fine. You have a difficult and unpredictable recovery and rehabilitation ahead of you. Budget conservatively, and develop workarounds to protect your nest egg and ensure a good quality of life -- without creating undue expectations. If your spouse or partner can pick up some of the financial burden, may be that’s something to consider. If you can take on a temporary job that doesn’t stress your injuries or interfere with your rehabilitation, that also might be something to consider. Workarounds abound. The key is to, first of all, be honest about where your financial situation is right now. Only once you have collected all of your concerns, hopes, and fears about your financial future can you make an accurate and active strategic plan.

4. Consult with a reputable and experienced North Carolina Workers’ Compensation firm regarding any legal questions.

Often, North Carolina Workers’ Compensation claimants wait until the last minute - or wait until deadlines have passed - to get good legal help. Don’t make that mistake. Whether you are negotiating with insurance companies, dealing with an uncooperative employer, or simply confused by the maze of paperwork presented to you, you need not go down this path alone. A free consultation with a vetted and credentialed N.C Workers’ Comp Attorney can make a huge difference to your financial future and to the prospects for your rehabilitation.

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Medical Rehabilitation Nurses Section of NCIC

Sorehand.org

Many CAT Scan technologies in use in hospitals throughout North Carolina were developed in the 1990s and 1980s. When you compare these technologies to emerging CAT Scan equipment (such as the Siemens Somatom Definition Flash), real and potential significant differences emerge. A patient who gets a CAT Scan from an old piece of equipment may receive a fundamentally different diagnosis than a patient who gets analyzed using one of the newer machines!

For instance, on the newer machines, such as the Definition Flash, patients can be scanned in half a heartbeat and need not take beta blockers prior to the scan. These minor differences could be important; when you extrapolate the implications over the entire patient population of United States, we could be looking at potentially millions of dollars a year in patient/doctor savings.

Of course, whenever one does a cost benefit analysis of a new medical technology, we must remember the law of unintended consequence. Adding new machines to hospitals that provide more trustworthy analyses could lead physicians to trust their intuitions less and rely on machines more, for instance. This could lead to doctors ignoring smart intuitions - thus, putting some patients in dange. Furthermore, more accurate imaging technology could lead to more false positives and thus to more unnecessary treatments.

These kinds of concerns must be addressed whenever we debate improvements in North Carolina Workers’ Compensation policy. A policy solution may, at first blush, appear to have no downsides. But the execution of the solution can open a Pandoras Box of problems.

One famous, if peripheral, example of this kind of nasty surprise comes from ecology. In the middle of the 1900s, a Caribbean island was besieged a rat infestation. So the government literally parachuted cats onto the island to eat the rats. But the once the rats were eaten, this severely disrupted the island food chain and created an ecological catastrophe.

To mitigate against the dangers of unforeseen consequences associated with your North Carolina Workers’ Compensation claim, discuss your concerns with quality North Carolina Workers’ Compensation attorneys today.

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CAT Scan

Siemens Somatom Definition Flash

To qualify, your injury must generally meet the following criteria:

1. You got hurt or sick during the course of your employment.
2. The injury or illness arose directly or indirectly from circumstances of your job.
3. The injury and illness created an impairment which led to medical costs and/or lost wages.

Of course, just because you got hurt on the job does not mean that you will automatically collect North Carolina Workers’ Compensation. Conversely, if you got hurt on the job and it was your fault, you are NOT necessarily denied coverage.

Confused? Let’s take a look at some examples to clarify these points.

Let’s say that you and a co-worker horsed around on some industrial equipment, and you fell off and broke your femur. In this case, you likely would NOT be able to collect North Carolina Workers’ Compensation benefits because your negligence led directly to the injury.

Similarly, let’s say that you suffered a stroke on the job. If you were predisposed to stroke (obese, diabetic, history of stroke, etc), and the condition occurred NOT because of your job, you may not be able to collect Workers’ Comp benefits. (You may have alternative avenues to collect support, however.)

Alternatively, let’s say you suffered a stroke during a particularly stressful time on the job. You might be able to argue that the stress of the situation caused or exacerbated the stroke; and thus you should be entitled to Workers’ Comp.

The point is, at the end of the day, subtle distinctions matter a great deal when it comes to North Carolina Workers’ Compensation benefits. To protect yourself against insurance company harassment, problematic negotiations with your employer, snafus with paperwork, and other potential but not so obvious hurdles. It likely behooves you to discuss your matter with a qualified and trained North Carolina Workers’ Compensation lawyer.

A professional attorney can draw upon a deep knowledge of the law and practical applications of the law to provide you with strategic guidance during this difficult time.

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Workers’ Compensation Criteria

Denied Coverage? It can be maddening!

1. Put in place systematic solutions to common workplace ergonomic problems.
How many North Carolina workers’ compensation cases begin at the keyboard? Carpel tunnel syndrome, repetitive stress injuries, and other soft tissue injuries abound in North Carolina - many of them no doubt due to bad workstation ergonomics. An employer can mitigate against risk of repetitive stress injuries by investing in more economic keyboards, for instance, more tailored workstations, and a program of regular breaks and stressing. The cost of such a proactive “war” against repetitive stress injuries would be minimal, and the benefits would no doubt be long lasting. Workers who are not exhausted from keyboarding and other repetitive tasks can work longer hours (thus making up any theoretical costs of ergonomic modifications). Fewer injuries would mean lower North Carolina Workers’ Compensation insurance premiums.

2. Better Alert and Response System to Control North Carolina Workers’ Compensation Fraud.
As the old saying goes, a few bad apples can spoil the bunch. Everyone loses when people cheat the system. But how do you get people the stop cheating? This is the $64,000 question. Better monitoring of claims might be a theoretically good solution, but when you incentivize insurance companies to look for fraud, these companies inevitably will turn up “false positives.” I.e., they will harass people who are legitimately injured - trying to get them to admit that they are not actually hurt. This is obviously terrible, and it results in many tragedies, some of which we have reported on this blog.

A better solution might be to build in a more robust tracking system to make sure that claimants stay honest. In addition, insurance companies and employers must recognize and respect the claimants who are actually hurt and go the extra mile to help them.

3. Involve physicians in more holistic patient care.
The fractured approach to patient healthcare no doubt exacerbates many medical problems. If a patient sees four doctors, chances are that each physician will require separate paperwork, and that the doctors will not communicate with one another about the patient. This needs to change. Implement across the board holistic treatment for injured patients, and we will see much better health care. This is obviously an enormous task. But if we really want to bring down North Carolina Workers’ Compensation costs, we need to start treating patients as whole people -- and not just as carriers of individual symptoms they present with.

4. Better, more thorough and more regular data analysis of North Carolina Workers’ Compensation cases.

Organizations like the North Carolina Industrial Commission (NCIC) and other government agencies do track serious injuries and deaths at NC workplaces. But the amount of data that’s mined and shared about these accidents is extremely small, maybe even negligible, compared with what could be mined. We need to gather much more information - much more detailed analyses of various injuries and incidents. We must be able to share that information not only with government agencies, insurance companies, and fellow employers, but also with employees.
Do this kind of analysis, and we will no doubt be amazed at the kind of improvisations and “band-aid” solutions that emerge.

If you or somebody you love has been hurt or needs help with North Carolina Workers’ Compensation issues, connect with a qualified veteran attorney near you for a confidential consultation.