Worker can’t sue Home Depot

• The Pennsylvania Supreme Court reversed a lower appeals court ruling that denied a bid by Home Depot to dismiss a lawsuit initiated by an employee bitten by a customer’s dog on the basis that the matter should fall under the exclusive jurisdiction of workers’ comp.
• Lindsay Franczyk filed for workers’ comp benefits after she was injured by the dog bite, but she claims that her supervisors allowed the dog owner and witnesses to leave the store before she was a
• Home Depot sought summary judgment on the assertion that it was immune from suit under the workers comp law, but a trial court denied the motion and on appeal the Pennsylvania Superior Court allowed the lawsuit to move forward.
• The Superior Court agreed with the plaintiff’s view that she was not seeking to recover from the defendant for the dog bite itself, but rather for the economic harm she suffered when she lost the opportunity to file a third-party claim against the dog owner.
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Florida uncovers $31M scheme

• Two Florida doctors were sentenced for their roles in a scheme to defraud Medicare by submitting over $31 million in claims for expensive durable medical equipment that beneficiaries did not want or need and that were procured through the payment of kickbacks.
• Dean Zusmer of Miami was sentenced to eight years and one month in prison and ordered to pay $1.4 million in restitution. Dr. Lawrence Alexander of Miami was sentenced to two years and nine months in prison.
•  Zusmer, a chiropractor, owned one of four DME companies that collectively billed Medicare over $31 million for medically unnecessary DME, of which over $15 million was paid.
• Zusmer and his co-conspirators acquired patient referrals and signed doctors’ orders by paying kickbacks to marketers who used overseas call centers to solicit patients and telemedicine companies to procure unnecessary prescriptions.
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Gruver ISD wins safety award

• Gruver ISD, one of more than 350 Texas school districts and colleges participating in the CAS workers’ compensation risk pool program, received a safety award reserved for members who achieve superior loss control results.
• Gruver ISD was formally recognized by CAS at its annual client appreciation event, held during the 2023 TASA Midwinter Conference.
• The Billy E. Hibbs Safety Award was presented for success in implementing safety programs designed to minimize losses and control workers’ compensation costs.
• The district received a $500 Annie Ozella Jones Scholarship that it can award to a deserving student of its choosing.
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Fall hazard awareness for public power utilities

• The 10th Annual National Safety Stand-Down will take place from May 1 through May 5.
• According to OSHA, about 37% of all deaths in the workplace occurred due to employees falling.
• Employers across the nation will participate in this event to raise fall hazard awareness in an effort to prevent fall fatalities and injuries.
• OSHA requires employers to provide fall protection to keep employees safe and prevent falls.
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