Five Things You Need to Know: 8/6, Monday Edition

Sarasota, FL (WorkersCompensation.com) -

1) CA: Former NFL Player’s Appeal for Work Comp Benefits Turned Down 

“…the California Court of Appeal rejected former defensive tackle Larry Tripplett’s attempt to get California workers’ compensation for cumulative trauma (CT) he sustained during his playing career from 2002-2008. Tripplett spent the first four years with the Indianapolis Colts. He played only two of 110 games in his career in California,” writes Dan Eaton of the San Diego Tribune. Tripplett needed to prove he was hired in the state, or his injury worsened there. But, his contract was signed in Indiana, and the Court ruled that the two games Tripplett played in CA didn’t apply to the lawsuit. “… (Work Comp Specialist Melissa) Amitrano wrote that these leagues ‘are continually confronted with cumulative trauma claims of injury being filed in California for their prior employees when those employees (like Tripplett) were hired outside of California for an out-of-state employer and the work was predominately performed outside of the state.’ Each claim by a professional athlete can run hundreds of thousands of dollars,” writes Eaton.

2) CT Worker to Receive More Financial Help from Former Employer After Commission Decision is Reversed

Last week, in Patrick Callaghan v. Car Parts International L.L.C., Connecticut’s Supreme Court ruled that a Work Comp Commission’s decision be reversed, writes Louise Esola of Business Insurance. The decision reversed a ruling that “…a car parts company did not have to continue to pay for one of their driver’s injuries after he sued a third party following an accident,” per the article. Callaghan was awarded $100,000 after a car wreck injured him at work, but he didn’t have enough funds for additional medical help that he needed, and the employer didn’t want to pay that amount. “…Stating that the employer failed to make a case for double recovery, the court reversed the decision of the Compensation Review Board, remanding it ‘to the board with direction to reverse the decision of the commissioner,’” writes Esola.

3) IL: Asbestos Exposure Alleged On-the-Job in Lawsuit

Belleville residents Betty and Brady Totten have filed a lawsuit against multiple manufacturing companies, alleging asbestos exposure on the job, writes Lhalie Castillo of the Madison-St. Clair Record. It is also alleged proper warnings and precautions were not expressed to the employees. Betty was diagnosed with lung cancer in the beginning of 2018. “…The plaintiffs request a trial by jury and seek compensatory and punitive damages of more than $50,000, plus costs,” per the article.

4) FL: Former Medical Center Employee Alleges Wrongful Termination and Discrimination in Lawsuit

The Bayfront HMA Medical Center LLC, doing business as Bayfront Health St. Petersburg, has been sued by former biomed tech Raymond Rodriguez for alleged wrongful termination and discrimination, writes Noddy A. Fernandez of the Florida Record. “…He says during his employment, it was obvious that he was an unwelcome addition to the department as he was of Cuban and Puerto Rican descent and that he suffers from an hearing impairment,” per the article. “Additionally, Rodriguez says he was terminated from his employment after reporting many alarming safety issues while working for Bayfront. As a result, Rodriguez alleges he suffered loss of income, mental anguish and distress.” He requests trial-by-jury, “…an order prohibiting discriminatory practices, back pay, liquidated damages, front pay, punitive damages of more than $15,000, attorney fees, costs and all appropriate relief.”

5) CA: SkyWest in Hot Water Over Alleged Lack of Employee Breaks

San Francisco residents and former SkyWest Airlines ramp agents Jeremy Barnes and Coryell Ross are a part of a class action suit filed against the company, alleging the employees weren’t given appropriate rest and meal breaks, writes Takesha Thomas of the Northern California Record. The company, in service for more than 45 years, and runs about 2,300 flights per day, according to court documents. Barnes and Ross are represented by the California-based Kaplan Fox and Kilsheimer law firm and the Texas-based Law Office of Gennaro Du Terroil.

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