Five Things You Need to Know: 9/14, Friday Edition


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1) WY Supreme Court: Roofer Needs Surgery

“The Supreme Court of Wyoming on Tuesday affirmed an earlier district court ruling that an injured roofer’s knee-replacement surgery was required, despite mixed testimony from doctors who disagreed on whether the man’s injury required the drastic procedure,” writes Louise Esola of Business Insurance (Department of Workforce Services, Workers’ Compensation Division v. John Lysne, filed in Cheyenne, Wyoming). John Lysne was hurt after a load of shingles took him down from a ladder, and needed a knee replacement. “On (the latest) appeal to the state’s highest court, the knee replacement surgery was found to be compensable…” per the ruling referenced in the article. The ruling continues, saying causation wasn’t necessary because surgery was needed.

 2) Less Than a Week Out! Hot Seat Webinar on AMAs

Impairing the Guides: The Legal Assault on the 6th Edition,” is scheduled to take place Thursday, Sept. 20, featuring Alan Pierce, attorney, author and Dr. Chris Brigham, physician and author. Pierce is host of the podcast ‘Workers' Comp Matters' heard on the Legal Talk Network, and Brigham is Senior Contributing Editor for the AMA Guides Sixth edition and Editor of the AMA Guides Newsletter. He is also author of the book, Living Abled. “…Both men will join Hot Seat co-hosts Bob Wilson and Judge David Langham for what is expected to be a spirited discussion on the issue,” according to a Current News article. “Registration is free and may be completed here, and a recording of the program will be available immediately after the webcast.” To read more on why this topic is a "big Deal," click here for Wilson's most recent blog post. 

3) IL: Railroad Co. Worker Blames Serious Injuries on Unsafe Workplace

Bellville-based Union Pacific Railroad Co. employee Andrea Hebron has filed a lawsuit against the company, alleging an unsafe work environment, writes Angelica Saylo Pilo of the Madison-St. Clair Record. “…According to the complaint, the railroad company required Hebron to walk along uneven surfaces in the rail yards and tracks. Over time, she developed serious and debilitating injuries to her right foot and ankle, the complaint states,” per the article. “Hebron accuses the company of not providing proper walkways. She also alleges the company did not listen to the complaints of its workers about the unsafe work environment.” She requests trial-by-jury, judgement against the railroad company, more than $50,000, and court costs.

4) Widow Files Lawsuit Against Deceased Husband’s Former Employer, Alleging an Unsafe Work Environment Led to his Death

Carol Albertini, on behalf of her deceased husband, Scott, has filed a lawsuit against his former employer, Midland Resource Recovery Inc., alleging his death was caused by an unsafe work environment, writes Philip Gonzales of the West Virginia Record. “…According to the complaint, on May 25, 2017, Scott Albertini was an employee of Specialized Professional Services Inc. working in decommissioning Midland Resoure's MP 85 odorization tank in Phillipi when an explosion occurred. The suit says Albertini sustained great injuries, leading to his death,” per the article. Carol requests trial-by-jury, damages, interest, court fees, and any other relief.   

5) FL: Cashier Alleges Wrongful Termination in Suit Against Compass One

Clearwater Resident Margaret Danna has filed a lawsuit against Compass One LLC, alleging she wasn’t paid appropriate wages, and she was wrongfully terminated, writes Noddy A. Fernandez of the Florida Record. “…The suit says she worked in excess of 40 hours within a week (March 2016-May 2018), meaning she was entitled to be compensated for these overtime hours at a rate equal to 1 1/2 times her regular hourly rate, according to FLSA,” writes Fernandez. “Furthermore, after suffering serious a medical condition within the meaning of the Family Medical Leave Act, Danna alleges she was denied time off and was terminated for pre-textual reason.” Danna requests trial-by-jury, lost wages, back wages, benefits, her job back, damages, interest, court costs, and any other relief.

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