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Phoenix Workers' Compensation Law Blog

California central to NFL workers' comp cases

When the average American thinks about workplace injuries, it is unlikely that they consider National Football League athletes among the ranks of the wounded. Still, football is work, and a massive number of employment-related injuries are attributable to the sport each year. As the fight over athletes' workers' compensation continues, Arizona's nearby neighbor California is entering the spotlight because of its recent controversy.

California has long been thought of as the "state of last resort" for football players with serious injuries. That is because the legal structure in that area recognized "cumulative trauma," consisting of chronic injury to body systems that result in musculoskeletal disorders and other problems. Currently, athletes, some of whom have never played in California, are entitled to sue there and in their home states. A new bill has been introduced to close this loophole; opponents of the measure say it could cause scores of athletes to lose their chance at compensatory medical care that they deserve.

Fireman faces uphill battle to return to work

An Arizona firefighter who was terminated because of his involvement in a workplace accident is seeking help to get his job back. The man's initial medical bills were paid with workers' compensation, but he wants his job back instead of simply receiving compensation for his medical bills. A personnel hearing on May 1 confirmed that the man's termination was appropriate, putting yet another roadblock in the man's path.

Officials report that the man was one of three injured in a hose accident at the NACFD station on Northern Avenue in Kingman. The men were pressure testing a hose when it burst. All of the men suffered head injuries because they fell to the floor after the blast. One of the men was back to work within a relatively short time, while the other has filed for medical disability benefits with the state. The latter worker is likely to retire because of injuries sustained during the incident. He is still under the care of a workers' compensation physician.

Arizona workplace safety inspectors lack experience

Newly released statistics from the Government Accountability Office show that Arizona’s workplace safety inspectors are among the least experienced in the nation, largely because of high turnover rates that plague departments in the state. More than half of the state’s safety inspectors have been working in their current position for five years or less, indicating that they have not necessarily achieved mastery of the state’s safety codes.

Officials from state occupational safety and health agencies say there’s a ready explanation for this phenomenon: More inspectors are transferring into preventive task force roles. For example, free consultations are provided to small and at-risk businesses to help them comply with state and federal regulations. Experienced inspectors are increasingly seeing more work in that capacity than in formal inspections, according to the acting director of the Arizona Division of Occupational Safety and Health.

Video game preps miners for hazards

University of Arizona researchers are working together with industry experts to improve workplace safety among the nation's miners by creating video games. It may seem like an unusual tactic, but experts postulate that the video games will help miners avoid workplace accidents by training them in simulated disaster scenarios.

The strategy was developed in response to a series of miscommunications at an Arizona mine in 2012, during which a massive hauling truck ran over a smaller vehicle, killing one occupant and severely injuring two more. The driver of the larger vehicle could not see the smaller truck because of the configuration of the hauler.

Fracking workers subject to lung disease hazards

As scientists and technology experts continue to develop new ways to extract the fuels from shale and sands throughout Arizona and the southwest, however, new concerns about workplace illnesses continue to arise. One of the newest methods, known as "fracking," is causing a stir because of potentially fatal workplace exposure to silica.

Exposure to silica, or sand, is one of the oldest known workplace hazards. Silica exposure has been traditionally attributable to specific occupations such as mining, construction and manufacturing, but it is now making an appearance on the oil fields. Abatement measures for sand exposure include personal protective masks and dampening soil to prevent dust.

Nuclear Power Plant Accident Kills One, Injures Three

National power conglomerate Entergy Corp. reports that one person died and three were severely injured at a nuclear facility. Entergy, with holdings throughout Arizona and the United States, said the workplace accident was not caused by any functional reactors; the plant, Arkansas One, is still under alert as the incident is investigated.

Authorities report that the accident happened at about 7:45 a.m. on March 31, as a generator component was being moved for routine maintenance. The cylindrical shaft was being removed from a turbine unit on the nonnuclear side of the facility when the accident occurred. Three injured employees were rushed to local hospital facilities before being transferred to a regional medical center in Russellville, Arkansas. The deceased employee seems to have been declared dead at the scene.

Grain Suffocation Deaths Soar as Production Rises

A boom in the biofuels market is helping boost the sales of corn throughout the country, but this increased grain production is coming at a price. As more facilities throughout Arizona and the nation begin to store large amounts of corn, wheat and other grains, an increasing number of workplace accidents are occurring in storage silos. These suffocation and crushing deaths have rarely made waves in the national media, largely because they are confined to specific agricultural production efforts.

Many workers who perish in grain silos are young, most of those in their teens. These youngsters are not aware that safety rules exist to protect them from the dangerous practice known as "walking down grain." Workers are told to enter the grain silos without using fall protection, often toting shovels and pick to pull the corn from the sides of the storage towers.

Worker dies at Shell plant

Maintenance and construction workers in Arizona and other states are particularly susceptible to workplace accidents. Many of these men and women work with heavy equipment and raw materials that could crush, pinch or otherwise cause physical injury. A Louisiana man was killed on March 14 when he was crushed beneath a 16-foot steel cylinder while working at a Shell plant, according to local officials. Workplace safety investigations are pending in the matter.

The man was working with another employee to load two of the massive cylinders onto a truck. One of the cylinders rolled off the back of the truck, crushing the victim beneath its bulk. The man was transported to a local hospital, where he was pronounced dead. The man had worked for the company, River Parish Maintenance, for 33 years, according to media reports.

Volunteer Killed by Lion at Cat Haven

A California woman was killed during a lion attack in Arizona's neighboring California after the beast escaped from its feeding cage and attacked the woman in its larger enclosure. The woman had been cleaning the larger containment area while the lion was contained during the maintenance. The woman, a volunteer, died instantly when the 550-pound lion swiped at her head with its paw. Officials at the animal park are under scrutiny for their workplace safety procedures.

Authorities report that the lion had been fed before he was contained in the small cage. The lion reached its paws beneath an improperly closed latch and then worked its way loose. A coworker was talking to the woman on her cell phone shortly before the attack; the coworker became alarmed when the woman failed to call back. She then alerted authorities.

Safety lab sets national standard

Many workplace safety problems happen because people are inadequately trained or unsure about using safety equipment. Workers and supervisors everywhere could use improved education about their work environment, which is why a unique safety laboratory in Maine is making inroads with local industry. The model could be useful in other states, too, including Arizona.

The laboratory is part of the state's Department of Labor initiative to lower workers' compensation rate and increase employee safety. A classroom in the department's headquarters is designed to house 50 people per class. That room is high-tech, but the building's laboratory is the real draw.

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