I'm tired of accommodating the disabled. I don't think we should do it anymore. The entire exercise is swathed in negativity. In accommodation today, we label people as incapable of doing certain things, and set about to adjust the environment around them so that they can still “get by”, forever dependent on society's willingness to…
Workplace Harassment Avoidance Lesson One: Don't Be Drawn Naked on a Construction Site If You Want to Avoid Issues
It is one of the more bizarre harassment stories to cross the Cluttered Desk in quite some time. A Courthouse News story carried in our newsletter yesterday morning tells of a man experiencing a case of same sex harassment on a construction site. Apparently another man on the job site started making sexual advances towards…
Workers' Comp is Identical Everywhere, Except Where it is Completely Different
I had an interesting conversation this week with the chairman of a state workers’ compensation commission while at the IAIABC Spring Forum in Myrtle Beach, SC. He was talking about how he came into the position, and some of the things he did to prepare for this challenging role. He made, what I believe to…
We Need a Common Language in Workers' Comp
We have a communication issue in the workers’ compensation industry. It is a problem driven by a language barrier, an obstacle that prevents us from sharing information and improving outcomes. It is not a language issue as you would normally think of one, either. It is not English vs. Spanish, a different use of acronyms…
Will Ebola Infect the Trend to Opt Out?
A court case featured in Wednesday morning's CompNewsNetwork Report may eventually wind its way into the greater debate regarding Opt Out that is raging in this country. A Dallas nurse who contracted Ebola from a patient has filed a negligence and breach of privacy suit against her employer, Texas Health Resources over the incident. THR…
New SAIF CEO Named: I Was Both Right and Wrong. But Mostly Right.
Oregon Insurer SAIF Corporation today named their new CEO, ultimately ending a chapter in the sordid tale surrounding the unjust termination last year of John Plotkin. With this announcement I can boldly say that I was right. I can also say that I was wrong. SAIF has a long history of hiring politically connected state…
Punching the Workers' Comp Time Clock for Travel. When Does Coverage Begin?
The National Law Review last week posted an interesting article about a court case in Illinois that addresses when compensable work begins for the traveling employee. In the case Pryor v. Illinois Workers’ Compensation Commission, the Illinois Appellate Court reviewed the case where a workers injury occurred while moving a suitcase into his car before…
Your Honor, Judge Me Not By My Voice of Reason
I have had some very positive discussions with Judges lately. I am not talking about begging for leniency in traffic court or determining how much my bail should be. They didn't involve asking for a gag order over embarrassing evidence or determining whether I could be released on my own recognizance. I actually try to…
Replacing Complacency
My wife and I were shopping this weekend when we passed a restaurant that has been in our area for many years. It's been a couple years since we ate there, and while the food and service was adequate and it appeared to be generally clean, we were underwhelmed with the overall experience. The restaurant,…
New Jersey Judge Not Just Blowing Second Hand Smoke
A recent court decision in New Jersey shows both the continuing dangers of second hand smoke to those who are continually exposed to it, while at the same time demonstrating that the timelines involved in such situations may end up protecting employers from that liability. After what the State Department of Labor terms a “highly…