Kansas Personal Injury Blog - Workplace Injuries

Worker Dies At Kansas Steel Plant

Matthew Bergmann — Thu, 08 Nov 2007 13:45:34 GMT

A man from Osage City, Kansas, died Wednesday afternoon after a work accident at a steel plant. Today, investigators began looking into the details of the accident and how the fatality occured.

The man killed has been identifed as Johnnie Dorsey, 50. Dorsey served as a production assistant at Schuff Steel in Ottawa, Kansas, and had been on the job approximately one month. Little is known, at this time, about how the accident occured, but Dorsey was taken to a local hospital where he later died.

The Kansas office of the Occupational Safety and Health Administration is currently invesigating the matter, but additional information regarding the accidnet or Dorseyhas not been released. Inital reports indicate that police officers were summoned to the plant about 1 p.m. on Wednesday. However, officers did not investigate because an industrial accident had occured, not a crime.

Schuff Steel fabricates structural steel for sports stadiums, skyscrapers and other larger construction projects. The plant is closed today and Friday so that officials can continue to invesigate Dorsey's death.

For more information on this subject, please refer to the section on Workplace Injuries and Workers Compensation

Originally posted at The Legal Examiner by Matthew Bergmann

Two Workers Killed On Kansas Highways

Matthew Bergmann — Thu, 13 Sep 2007 08:42:26 GMT

A hit-and-run crash south of Lawrence, Kansas killed two road workers and injured another early Tuesday morning.

The incident occured as road crews worked approximatley five miles south of Lawrence on US-59. Shortly after the crash, authorities were able to apprehend two suspects after a 12 mile chase along US-56 in Osage County. Two women from Washington State are currently being held in custody for their alleged involvement in the workers' deaths.

The Kansas Department of Transportation confirmed the two individuals killed were Tyrone T. Korte, 30, of Seneca, and Rolland Griffith, 24, of El Dorado. Korte worked for KDOT as an engineering technician and Griffith was an employee of Towanda-based Dustrol Inc., a firm that contracted with the state to do repavement work on US-59. Amanda Hopper, 21, of El Dorado, was listed as the injured worker. She was taken to Lawrence Memorial Hospital, where she was treated, then released.

The two women who were arrested were identified as Ramona I. Morgan, 48, and Sabrina J. Morgan, 26, both of Chewelah, Wash. The elder Morgan was the truck's driver, the Kansas Highway Patrol reported.

The crash occurred at 9:40 a.m. near the Pleasant Hill ridge in an area where resurfacing work was being done. Officials said that a pickup truck was traveling south on US-59 when it struck the pedestrian flagger. The truck then continued into the construction zone, ignoring traffic control, and struck the two fatality victims. The truck then exited the construction zone and fled, the patrol said.

Approximatley 1/2 hour later, a Kansas Highway Patrol trooper, who was responding to the fatality crash, spotted a pickup truck with front-end damage traveling west-bound near Overbrook, Kansas. After attempts to pull over the truck were unsuccessful, a chase ensued and spike strips were ultimately by authorities to disable the vehicle. Morgan and Morgan where then taken into custody and booked into the Osage County Jail.

A preliminary appearance for Morgan and Morgan is scheduled for this week in Osage County District Court.

For more information on this subject matter, please refer to the section on Worksite Injuries and Workers Compensation.

Originally posted at The Legal Examiner by Matthew Bergmann

Worker Killed After Fall From Scaffolding

Matthew Bergmann — Thu, 23 Aug 2007 15:39:04 GMT

A Topeka man was killed at a work site Wednesday morning when the scaffolding he was on tipped over.

Authorities have identified the man as Anthony Anguiano, 46, of Topeka. Anguiano's death occured as his crew worked at Topeka Trailer Repair, 7215 S.W. Topeka Blvd. A co-worker was also injured in the accident has been identified as Lawrence McCall, 28, of Topeka. McCall was take to a Topeka hospital with serious injuries, his condition is not known at this time.

Both men were employed by Larry's Electric and were working on the top of an extended 30-foot motorized scaffolding platform. One of the scaffolding tires went into a drain in the floor, causing it to tip over, said Lt. Martha Lutz, spokeswoman for the Shawnee County Sheriff's Office.

The accident is still under investigation.

For more information on this subject matter, please review our section on Worksite Injuries.

Originally posted at The Legal Examiner by Matthew Bergmann

Worker Catches Arms in Conveyor Belt

Matthew Bergmann — Fri, 08 Jun 2007 15:47:05 GMT

A Newton, Kansas man suffered severe injuries after his arms became caught in a conveyor belt at a local grain elevator.

The accident occurred at the Newton Grain Elevator, which is owned by Cargill. A rescue helicopter was required to land on top of the elevator to transport the victim to Via Christi Regional Medical Center-St. Francis Campus in Wichita. The man immediately underwent surgery and it is believed that both arms will be saved.

According to local authorities, one of the man's arms became caught in the conveyor belt and then he tried to use his other arm to free himself.

Originally posted at The Legal Examiner by Matthew Bergmann

Paralyzed Kansas Teen Awarded $16 Million

Matthew Bergmann — Wed, 06 Jun 2007 15:36:56 GMT

A northeast kansas teenager who was left a quadriplegic after a diving accident has been awarded $16 million by a jury.

In August 2005, Bradley Hudspeth, was injured while diving with friends at Lake Quivira. Lake Quivira is a private residential community that stretches the Wyandotte-Johnson county line in the Kansas City metro-area.

Rather than jumping at the end of the dock, Hudspeth dove from the side, unaware that the water there was less than 4 feet deep. He broke his neck and has been diagnosed as a quadriplegic. Although he does have some use of his arms, Hudspeth will be required to use a wheelchair for the rest of his life.

Hudspeth's family sued Quivira Inc., the corporation that owns the common areas of Lake Quivira, as well as a company that had been hired to provide lifeguard services. Late last week, a Wyandotte County District Court jury awarded Hudspeth $20 million in compensatory damages. However, the award found that Hudspeth 20 percent at fault for his injuries, thus the verdict was reduced to $16 million.

Originally posted at The Legal Examiner by Matthew Bergmann

Work Injuries Follow Greensburg Tornado

Matthew Bergmann — Tue, 29 May 2007 11:47:10 GMT

The damage and destruction left behind by a massive twister that hit Greensburg, Kansas on May 4th continues to linger. Now workers who have been cleaning up the small town have developed mysterious symptoms including, a persistent cough and sore throat.

Aptly named the "Greensburg cough," health officials believe that contaminated dust left by the tornado is to blame. At this point, there is no way to determine how many people have reported symptoms or whether serious complications will result. At least one indivdual was diagnosed with pneumonia after working to clean damp and moldy debris from the damaged town. Health officials said that because that person had grain dust allergies in the past, the dust from the storms likely aggravated his preexisting condition.

It took nearly two weeks for officials to recognize the danger of contaminated dust in the area. Since that time, people entering Greensburg have been cautioned of the problem, and today it is common for anyone going into Greensburg to be issued a dust mask. Along with toxic mold and other airborne particles, officials are also concerned about high levels of asbestos in the area. Another continuing issue is the truck traffic throughout the town, as 1,500 to 1,600 truckloads of debris has headed to the area's landfill. No dobut, this has increased the spread of dust with each trip.

The Environmental Protection Agency has been onsite and monitoring air quality in Greensburg since shortly after the storms took place. In all the EPA has set up eight locations to test for contaminents on a daily basis. Additionally, the EPA has helped remove or monitor releases from fuel tanks, chlorine cylinders, anhydrous ammonia tanks, propane tanks and other hazardous materials.

The Centers for Disease Control cautions that in any situation intense exposures to any type of dust and smoke can cause eye, nose, throat and lung irritation, triggering coughing and sneezing. The symptoms generally are not a problem if a person is exposed only briefly to the irritants; but if exposure is more long-term or at high levels, more danger to health exists. For example, individuals became ill after the twin towers collapsed in 2001 in New York City and after Hurricane Katrina.

People with asthma or other respiratory conditions should avoid the area, if at all possible.

Originally posted at The Legal Examiner by Matthew Bergmann

Kansas Website Used To File Work Injury Reports

Matthew Bergmann — Thu, 24 May 2007 15:37:37 GMT

In 2006 more than one-third of all work accidents reported were filed through the Kansas Division of Workers Compensation's electronic data interchange system. Thus far, the electronic reporting system has exceeded expectiations with more than 200 insurance carriers and self-insured employers submitting data.

More than 16,000 applications for hearings and approximately 6,500 employer elections were filed via EDI in fiscal 2006. The business sector issued 213 self-insurance permits to employers, including nearly a dozen new applicants. More than 4,400 employer contacts were made by the compliance section, and the fraud and abuse unit recovered more than $200,000 in restitution and penalties.

The division's coverage and compliance unit, the technology and statistics unit and Department of Labor's information technology division worked with the National Council on Compensation Insurance to implement three new innovations in proof of coverage reporting and information access.

First, at the end of fiscal year 2005 the division launched a new Web-based coverage verification service which allows external users access to coverage information through the Kansas Department of Labor Web site. That site averaged 1,246 searches per month for during the year. Second, in April 2005, the division implemented a new digital data exchange or proof of coverage regulatory reports between the division and insurers. Third, the division and Department of Labor information technology division worked with internal stakeholders to create a proof of coverage data warehouse that makes digitally submitted reports available to other units.

Originally posted at The Legal Examiner by Matthew Bergmann

Kansas Court of Appeals Rules Against Injured Worker

Matthew Bergmann — Fri, 16 Feb 2007 06:12:35 GMT

The Kansas Court of Appeals has ruled against an injured employee who was previously awarded a work disability.

In Graham v. Dokter Trucking Group, the Court of Appeals reveiwed the burden of proof required to prove work disablity under the Kansas Workers Compensation Act. The injured worker had been an over-the-road truck driver when he fell from a trailer and injured himself. Following the injury, the worker was in too much pain to return to his normal job, so his employer provided an accommodated position paying 40% more than his prior position.

Following extensive medical treatment the injured worker's physician returned him to work without restrictions, yet the worker self-restricted the number of hours he would work each week because of the pain he was experiencing. The Appeals Board for the Kansas Division of Workers Compensation found that the self-imposed restrictions by the worker were sufficient to meet the wage loss prong of a claim for work disablity.

The Court of Appeals reversed this finding and held that since the injured worker could not find a physician to place work restrictions upon him, then he could not recover a work disability. Additionally, the court noted that the record, other than the claimant's own reports of pain, did not provide any reason as to why the claimant could not work regular hours. With regard to the wage loss requirement for a work disablity, the Court of Appeals also found that record did not support the worker's argument that he was unable to earn 90% of his pre-injury wage.

It is undetermined at this time whether the case will be appealed to the Kansas Supreme Court.

Originally posted at The Legal Examiner by Matthew Bergmann

Kansas Supreme Court Reverses Rule for Injured Worker

Matthew Bergmann — Fri, 09 Feb 2007 13:45:46 GMT

The Kansas Supreme Court has reversed a prior appellate decision and found a worker's claim of injury vaild under the Kansas Workers Compensation Act.

In Rinke v. Bank of America, a bank employee left work at the end of her shift and walked to her car which was parked in a garage adjacent to the bank. She then slipped and fell on a patch of ice and sand in front of her car and was injured. At issue was whether or not the bank was responsible for the claimant's injuries.

The bank did not own the parking garage or the adjacent building where it conducted its daily business. Rather, the bank specifically leased all but 20 of the more than 700 parking spaces avaiable in the garage. The landlord for the garage was responsible for the management, maintenance and security on the site. Based upon these facts, the Kansas Court of Appeals found that the employee had not fallen on the premises of her employer. In doing so, the Court of Appeals narrowly constured the term "premises' and determined that the bank did not exercise control over the parking to such an extent that it could be considered part of the bank's premises. As such, the Court of Appeals barred the employees claim to workers compensation by the coming and going rule.

However the Kansas Supreme Court reversed, finding that the Appeals Board for the Kansas Division of Workers Compensation had substantial evidence to find that the employee was on the bank's premises at the time of her injury. The Court cited the large number of parking spaces leased to the bank by the owner of the parking garage, and that the bank directed its employees to park in the garage. This resulted in a ruling that the bank effectively controlled the parking garage, and although the bank did not own the garage, the premises was in such proximity and relation to the spaces leased by the bank, as to essetially served as the bank's premises.

Ultimately, the Supreme Court did find that the employee's work accident was compensable within the Kansas Workers Compensation Act and ordered benefits to be awarded accordingly.

Originally posted at The Legal Examiner by Matthew Bergmann

Son Continues to Collect Workers Compensation Benefits Intended For Mother After She Dies

Matthew Bergmann — Wed, 30 Aug 2006 15:02:55 GMT

A New Jersey man has been charged with third degree theft after he continued to recieve more than $14,000 in workers compensation benefits that were intended for his mother, after she died in December 2000.

Officals were alerted by investigators working for the compensation insurance carrier last year that James G.Spaziai, 63, may still be collecting benefits for his mother, Philomena, rather than returning them. The weekly checks, recieved from General Motors, were being paid as a result of 1969 heart attack suffered by Philomena Spaziai, and were allegedly deposited into a joint account held by Spaziani and his mother.

Interestingly, the accused had ran for several elected positions in the area and currently serves as the local commitee person for the Third Ward.

Originally posted at The Legal Examiner by Matthew Bergmann