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You Be The Judge Groundhog Day

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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Mon May 22, 2023 9:44 am

Turkeytop wrote:
Mon May 22, 2023 9:29 am
.... Her job requires that she be present at her work station at the beginning of her shift. Therefore, it follows she would have to arrive at the employer's premises some time before the beginning of the shift ....
Good point.
Never thought about that. Could be used as an argument during a grievance.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Wed May 24, 2023 1:03 pm

Same plant. Same woman Stiletto Lady
One year later.


At the plant they assemble printed circuit boards. If the boards are to be used in an application where they will be exposed to dampness or high humidity, they have to be immersed in a bath of hot wax to give everything a protective coating.

On this day, SL was performing that task. Suddenly she started screaming with pain. The equipment had blown a hose and was spraying hot wax into her lap.

They got her to ER where they painfully peeled her clothing from her. The Dr diagnosed first degree burns to her thighs and pubic area. He prescribed some topical cream for her burns.

The accident happened on Friday. By Monday, she was able to return to work sporting her new Brazilian wax job.

She filed a claim for Workers Comp. Was the claim allowed?


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TC Talks
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Re: You Be The Judge Groundhog Day

Post by TC Talks » Wed May 24, 2023 1:21 pm

Absolutely, depending on what her claim to WC was...


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Wed May 24, 2023 4:01 pm

A WCB claim can have multiple components. The first is Health Care. It covers any medical care, medication or therapy due to the injury. Next is lost time it covers any wages the worker lost because of their injury.

This woman lost only one day and the employer is responsible to pay the wages for the day of injury. So, although she has no lost time yet, we still want to get approval for it. She may lose some time off work later on if there are complications to her condition.

The worker can claim for economic loss. In this case she submitted a receipt for the new clothes she had to buy.

There is non-economic loss. Losses that can't be measured in monetary terms but effect the worker's quality of life. Things like hearing loss or PTSD. Or it could be something as simple as the worker can no longer engage in their favourite sport or can no longer play the piano, etc.

Finally there is future economic loss. For example if, as a result of their injury, the person can no longer do their pre-injury job and has to take a lower paying job, the Comp will top up the wages.


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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Wed May 24, 2023 5:29 pm

I guess I'm confused.
She's back to work and wanting workers comp? Is she going to work until the comp is approved, and THEN go off? I'm sorta certain it don't work like that. But I'm in the states so maybe things are different your way.

As far as the other stuff, things may work differently in Canada. But she's working. Able to do her job just fine apparently. Seems to me you may have an uphill battle to say "Can we get approved for comp down the road just in case?". She needs to call off, claiming it's the trauma and lack of mobility or whatever, that's why she's not coming in. And have doctor's orders.
Last edited by Round Six on Wed May 24, 2023 5:35 pm, edited 1 time in total.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Wed May 24, 2023 5:34 pm

Compensation is about more than getting time off work.She wants her health care paid for. She wants the clothing that was destroyed replaced. But most of all she wants here accident and her injuries recognized as work related so if there are any future adverse outcomes resulting from her injuries they will be covered.


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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Wed May 24, 2023 5:42 pm

Turkeytop wrote:
Wed May 24, 2023 5:34 pm
Compensation is about more than getting time off work.She wants her health care paid for. She wants the clothing that was destroyed replaced. But most of all she wants here accident and her injuries recognized as work related so if there are any future adverse outcomes resulting from her injuries they will be covered.
I understand all that. And I agree she gets a full day for Friday and her clothes paid for.

As far as the rest, I just don't see it happening until she quits coming in and gets a doctor to say she has issues.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Wed May 24, 2023 6:27 pm

The employer has to pay her for the day only if her claim is allowed. If she doesn't file a claim or if her claim is denied, the employer doesn't owe her a nickel'


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TC Talks
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Re: You Be The Judge Groundhog Day

Post by TC Talks » Wed May 24, 2023 6:33 pm

I agree that having a claim on record is a good idea.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Wed May 24, 2023 7:40 pm

A few days later, while a decision on her claim was still pending, she came to my office with what she must have believed was compelling evidence to support a claim for non-economic loss.

It was a letter from her family doctor saying that due to pain and discomfort from her injuries, the patient would be unable to engage in sexual intercourse for the next six weeks.

I told her I would submit it but that I didn't believe it would help win her claim. Non-economic loss awards are intended to compensate for long term or permanent loss, not for a short term temporary loss. I sent it along. It couldn't do any harm


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Round Six
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Re: You Be The Judge Groundhog Day

Post by Round Six » Wed May 24, 2023 7:47 pm

Turkeytop wrote:
Wed May 24, 2023 6:27 pm
The employer has to pay her for the day only if her claim is allowed. If she doesn't file a claim or if her claim is denied, the employer doesn't owe her a nickel'
She goes to ER in middle of the shift because of a plant injury, and the company don't have to pay for the whole shift? Has to be a non-union shop.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Wed May 24, 2023 7:56 pm

Round Six wrote:
Wed May 24, 2023 7:47 pm
Turkeytop wrote:
Wed May 24, 2023 6:27 pm
The employer has to pay her for the day only if her claim is allowed. If she doesn't file a claim or if her claim is denied, the employer doesn't owe her a nickel'
She goes to ER in middle of the shift because of a plant injury, and the company don't have to pay for the whole shift? Has to be a non-union shop.
Most employers would pay it but there is no legal obligation to pay unless a claim is estblished.
I've seen cases where the employee showed up at work already injured but faked an accident when they get inside the plant.


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Turkeytop
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Re: You Be The Judge Groundhog Day

Post by Turkeytop » Thu May 25, 2023 8:15 pm

So the decision came down. The claim was partially allowed. They allowed for health care. They allowed for lost time. They allowed for economic loss. But they disallowed for non-economic loss.

In the letter to the injured worker, they told her she had the right to appeal the decision.

She asked me how that would work. I told her she would have to attend a hearing and give testimony under oath regarding her accident, her injuries and how they were effecting her life.

She asked me if her husband could attend the hearing with her. I told her if the husband had any relevant information to impart, we could call him as a witness. Otherwise, he could attend as an observer and be in the room but could not participate. She said she would discuss it with her husband and let me know.

The next day she called and advised me she didn't want to go through with an appeal.


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