Death Benefits Awarded to employee’s widow for a worker who died in the restroom with heart disease
- Posted By: Harvey Brown
- February 1, 2016
This is a Court of Appeal non published case
This is a very significant case for workers’ compensation principles.
The decedent was a tractor driver. He drove a tractor 10 hours a day and up to as many as 12 hours in one day. On one day he was washing mud off a tractor and disc when he reported having chest pain.
The foreman was going to drive the decedent to the doctor, but the decedent wanted to use the restroom first. He went in to a portable toilet and did not come out. The door was forced open and he was found dead.
The coroner indicated he died of natural causes. The widow filed a death claim. Two doctors reported that the heart attack resulted from the physical strain he exerted while using the restroom.
At trial the Workers’ Compensation Judge (WCJ) found the death compensable on the basis that his restroom activities arose out of and during the scope of his employment. A normal bodily movement was considered incidental to the employment.
Defendant filed for reconsideration. The Workers’ Compensation Appeals Board denied the petition and defendant filed a writ.
The appellate court upheld the decision indicating that when an employee suffers a heart attack brought on by strain it is compensable even though an idiopathic condition previously existed. The strain need not be unusual. The widow received a death benefit of $320,000.
- Posted In: Death, Work Injury
Independent contractor vs employee decided in case involving nurses
- Posted By: Harvey Brown
- January 1, 2016
This is a Court of Appeal unpublished case
This is a very significant case for workers’ compensation principles.
A nursing registry provided hospitals with temporary nurses at the hospitals’ requests. After the registry receives the request the registry offers the assignment to nurses. The nurses are free to reject the assignment.
The nurse provides the uniform, shoes, stethoscope, etc. When the nurse completes the assignment the hospital pays the registry who in turn pays the nurse.
The registry allows the nurse to determine whether they wish to be an employee or an independent contractor. If the Nurse chooses to be an independent contractor they are provided with Internal Revenue Service form 1099.
The insurance company insuring the registry challenged whether the nurses were independent contractors. They lost at trial and appealed. They lost on appeal also.
The appellate court looked at Borello & Sons v. Dept. of Industrial Relations. The most important factor being who controlled the manner and means of the workers’ performance. The other factors include right to discharge at will; whether the worker is in a distinctive occupation; if the work is accomplished without specialist supervision; skill required; who supplies the tools; method of payment; whether the parties believe they are creating an employer-employee relationship.
- Posted In: Technicalities