Worker Injured on Break Entitled to Benefits: Court
- The Commonwealth Court of Pennsylvania affirmed workers’ compensation benefits for Tierra Baker, a Giant Eagle pharmacy technician struck by a vehicle while crossing the street to get lunch during a mandatory 15-minute break on August 12, 2021, sustaining fractures to her right shoulder and left leg.
- A Workers’ Compensation Judge initially denied Baker’s claim, finding her injury didn’t further her employer’s interests since she was off-premises and on her own time, but the Workers’ Compensation Appeal Board unanimously reversed that decision, applying the “personal comfort doctrine,” which allows compensation for brief, necessary personal activities during work hours.
- On remand, a judge awarded Baker total disability benefits of $23,762.51 and partial disability benefits of $31.48 before Giant Eagle appealed to the Commonwealth Court, arguing her injury fell outside the course of her employment.
- The court, led by Judge Michael H. Wojcik, affirmed the award, holding that Baker’s brief break for personal comfort didn’t diminish her employee status under the law, and rejected Giant Eagle’s argument tied to her jaywalking, noting that contributory negligence is not a valid defense in workers’ compensation cases.
Family of Cargo Worker Killed at Airport Sue City, Employer
- The parents of worker who was crushed to death in January while working as a cargo runner at San Francisco International Airport, have filed a wrongful death lawsuit against the city and county of San Francisco, Ground Services International, and Dubai National Air Travel Agency.
- The man died of traumatic asphyxia after hitting a bump on an airport service road while driving a tow tractor, falling out of the vehicle, and being crushed beneath the cargo dolly it was pulling.
- The lawsuit alleges the death resulted from inadequate and unsafe equipment, poorly maintained roadways, and poorly designed machinery.
- The suit cites a recent Cal/OSHA citation against Dubai National, Lacayanga’s employer, for failing to ensure employees wore seat belts while operating a tug, and points to a similar earlier incident at the airport in which a DNATA ramp agent was ejected from a tow tractor and seriously injured after striking a curb; DNATA did not contest that citation and paid a $7,335 civil penalty.
Missouri Delays Mandatory Start Date for Release 3.1 FROI and SROI
- The Missouri Division of Workers’ Compensation announced on July 7 that it is delaying the mandatory go-live date for Release 3.1 of its First Report of Injury and Subsequent Report of Injury electronic data interchange requirements, which had originally been scheduled for Aug., though no new date has yet been set.
- MODWC said the delay is needed so the EDI rollout can align with the implementation of its new Work Comp Connect Claims system, which needs more time to be ready for use.
- MODWC testing will remain open in the meantime and will be revised once a new implementation date is determined.
- Once the new date is set, MODWC plans to update its Release 3.1 Requirement Tables, Implementation Guide, Test Plan, Transition Plan, and other related documents on its website to reflect the change.
- The agency has not set a new go-life date for the release.