Posts Tagged ‘ Workers Compensation ’

Sex Romp on Business Trip Leads to Worker’s Comp Benefits (Seriously)

January 7th, 2013. By AbiK

How many people would have sex on a business trip, get injured while having sex, and then have the b#lls to file a worker’s compensation claim?

Not many, most likely.

There is one person, however—in Australia. We don’t know her name—that’s under lock and key—”for legal reasons”, but we do know that she was in her thirties, worked for the government, and she was hospitalized (hospitalized? what the heck were they doing?) for injuries sustained while having sex with a “male friend” in a hotel room during a business trip back in 2007.

Ok, we actually do know what they were doing… It seems that while they were going at it, a light fixture above the bed got torn from its mounting fixture—hey, it happens. And, when it came crashing down, it landed smack on the woman’s face. Party over.

Well, that led to her nose and mouth getting injured, along with one of her teeth. And that then led to her later suffering from depression, which then led to her inability to keep working at her government job.

Talk about a double whammy: lousy sex & no money. Sounds more like some sort of 20-something angst-ridden movie trailer than the plight of a 30-something would-be gainfully employed government worker. The 30-year old had an ace up her sleeve though: she filed a worker’s compensation claim—and initially, it had been approved.

Surprise, surprise, the approval was then reversed after further investigation into the worker comp claim.

According to the Mercury News, an administrative tribunal reviewing the details of the woman’s worker’s comp claim determined that her injuries had not been incurred “in the course of her employment”. And here’s the part that we all would’ve loved to have been a fly on the wall to witness being resolved–the tribunal’s conclusion that the sex was ‘”not an ordinary incident of an overnight stay” such as such as showering, sleeping and eating’.

Now, you’d think that would’ve been the end of it. And that’s where a serious set of b#lls comes into the picture; most folks would’ve quietly walked away, not wanting to risk further embarrassment. But no.

See, the law—regardless of what country you’re in—can work in mysterious ways and as such, after going through an appeal, the woman’s claim is now eligible for worker’s compensation benefits.

Yes, a federal judge—Judge John Nicholas—disagreed with the tribunal’s earlier stance that the sex needed to be condoned by the government in order for the claimant to qualify for compensation. Yes! She was able to claim that getting hurt while having consensual sex on a business trip—while working for the government mind you, not the ‘adult entertainment’ industry—entitles her to worker’s comp benefits.

Perplexed? Here’s the gist of Judge Nicholas’ decision: “If the applicant had been injured while playing a game of cards in her motel room, she would be entitled to compensation even though it could not be said that her employer induced her to engage in such activity.’

And, three other judges supported his decision.

No word yet on how much compensation the woman will be entitled to, or whether an appeal is to follow…

Tags: business trip, sex on the job, Workers Comp, Workers Compensation
Posted in Emerging Issues, Employment | 3 Comments »

Top 10 OSHA List of Most Cited Workplace Violations for 2012

December 19th, 2012. By AbiK

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced a preliminary list of the top 10 most frequently cited workplace safety violations for 2012 (needless to say, as 2012 isn’t quite over yet, the list isn’t completely final, but it’s surely close).

OSHA’s top 10 most frequently cited workplace safety violations for 2012 are as follows:

1. Fall Protection – 7,250 total violations – this includes failure to protect open sides and edges, failure to prevent falls from a roof, failure to cover holes or excavation areas such as a  well, pit, shaft, or similar excavation of 6 feet or more in depth. Proper guardrail systems, fences, barricades, or covers should be in place.

2. Hazard Communication – 4,696 total violations – this relates to the failure to provide adequate education and training programs, signage, labels on containers of hazardous materials, and safety data information.

3. Scaffolding – 3,814 total violations – Scaffolding topped OSHA’s list in 2011, but still remains high up on the list in 2012. Violations involving scaffolding pertain to scaffold construction, and use of protective guardrails, safety nets or other safety precautions, and violations pertaining to proper access to scaffolding.

4. Respiratory Protection – 2,371 total violations – respiratory protection violations include unsuitable respirators–either due to sizing/fit or inadequate function, and lack of procedures or training for how to use respirators.

5. Ladders – 2,310 total violations – this includes improper use of ladders (e.g., standing on the top step), use of an improper ladder for a particular job and allowing excessive loads on ladders.

6. Machine Guarding – 2,097 total violations  – this includes improper placement or inadequate anchoring for fixed machinery, or improper and unsafe exposures at the point-of-operation (e.g., unsafe exposure to machine blades)

7. Powered Industrial Trucks – 1,993 total violations – violations here include lack of proper repair and upkeep of vehicles to ensure safety; lack of proper training for operators–or refresher training as needed/required.

8. Electrical Wiring – 1,744 total violations – this includes everything from improper use of extension cords to use of temporary wiring instead of permanent wiring.

9. Lockout/Tagout – 1,572 total violations – this one was number five on OSHA’s list for 2011; it includes violations that occur due to lack of training and inspections for the servicing and maintenance of machines and equipment in which the unexpected start up of the machines or equipment, or release of stored energy, could harm employees.

10. Electrical (General) –  1,332 total violations – general electrical violations include instances of electrical shock or electrocution.

Tags: Employment, OSHA, Safety Violations, Workers Compensation, Workplace Safety
Posted in Employment | No Comments »