Today we are offering something different. Instead of a blog focused on a singular workers’ compensation topic, we’re offering up four true claims stories, each of which we believe will either elicit a smile or a knowing nod of the head from you, our dear readers.
Up in Smoke: On his very first day at work, a teenage warehouseman at a paint store accidentally spilled turpentine on his forearm. An elderly supervisor immediately instructed him to go wash his arm before a chemical burn developed. The supervisor made sure to mention the high flammability of turpentine. The teenager laughed and mockingly commented that turpentine wasn’t flammable at all. At this point, the supervisor sternly told the teenager, “Listen kid, go wash that stuff off your arm right now before you burn yourself.” To prove the old man wrong, the kid took out a cigarette lighter from his pocket, placed it under his forearm and flicked it on. Of course, his arm lit up like a torch. In the subsequent work comp claim the employer raised intentional self-infliction as an affirmative defense. Benefits were eventually awarded because the employee did not intend to injure himself. In fact, his intention was just the opposite, namely, to prove that turpentine was not flammable. It just goes to show that in workers’ compensation stupidity does not negate compensability!
The Bug Lady: Two clerical workers were in the company kitchen eating lunch together. While seated at a table and eating a salad one of the workers suddenly noticed a bug walking across the floor. She pointed it out to her co-worker and innocently asked, “Is that a cockroach?” The co-employee became indignant and responded, “Why are you asking me? Do you think I have cockroaches in my house?” This innocent exchange about a bug exploded into a massive workers’ compensation issue. The co-worker filed a stress claim from being insulted when asked to identify a bug. The case eventually settled for $25,000.
Boeing 747: An airline employee was part of a three-person crew guiding a jet aircraft as it was being pushed back from its gate at the airport. While escorting the plane the employee noticed a motorized luggage cart approaching and signaled the cart driver to stop as the aircraft had the right of way. Unknown to him the pilot had just turned the front wheel causing the aircraft to pivot wide as it was being pushed backwards. The employee continued to focus on the approaching luggage cart unaware that the plane was now pivoting. The front wheel of the aircraft ran over the employee from behind. At his deposition in his litigated claim for workers’ compensation benefits, and attended by the employer’s risk manager, the seriously injured employee described how it was that he could allow a Boeing 747 to run over him. After the worker explained why he failed to avoid the aircraft, the risk manager, jumped to his feet and screamed at the startled injured worker, yelling You liar! You fraud! It wasn’t a 747. It was an A-310 Airbus!”
The Laughing Deponent: At his deposition, an applicant could not stop laughing as he described how he was injured when he fell at work. He explained that while climbing a ladder he noticed an attractive woman walking below. When asked how the accident occurred, he continued laughing while explaining that he “ran out of ladder.” Naturally, he was asked to clarify what he meant by saying he “ran out of ladder.” The applicant proceeded to explain how he obviously wasn’t looking where he was going as his attention was focused below. He continued climbing while staring down at the lovely lady, and as he reached up to a non-existent rung, he found out the hard way that he had already climbed to the top of the ladder. Just like he said, he ran out of ladder and tumbled over.
We invite you to contemplate the lessons that can be found in each of the 4 above scenarios. And if you enjoyed today’s blog and would like to read about additional “true claim stories” let us know!
In Memory of Paul Lee, Esq.
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