adjustercom.com
adjustercom.net
The Stockwell Firm adjustercom publishes your thoughts and ideas...
Home
News

 Features


Other Claims News
People
Forums
The Comp Examiner Directory
The Liability Adjuster Directory
Service Provider Directory
Post a Job
View Jobs
Resumes
View Resumes
Contact Us

Adjusters Friend

jobs.adjustercom.com

 

Place Your Banner Here With A Click

 

adjustercom.net - FraudFromInsideAndOutsideTheCourtroom

 


Welcome Guest! | Login | Register with adjustercom
 
 
Features

Features Archive

Email a Friend Email A Friend

More Features

June 28, 2024
Restaurant Industry Set to Confront Workers' Comp Challenge with New Food and Beverage Insurance Rating Classification

August 9, 2021
The Property Claims Investigation

July 29, 2021
The Examination Under Oath as a Tool to Defeat Insurance Fraud

July 28, 2021
Liability Insurance Is



Do High Heels Mean A Compensable Workers' Comp Claim?
By Michael Stack - February 23, 2017

Navigating issues of compensability in workers’ compensation has become a complicated task for members of the claims management team and interested stakeholders.  This is highlighted by developing case law that scrutinizes the facts surrounding work-injuries when they occur at special events, company meetings or special occasions outside the employee’s usual work functions.  It also stresses the importance of a careful investigation of the facts and elements connected to the work-injury

Dykoff:  An All Too Common Scenario

The facts of Dykhoff v. Xcel Energy, 840 N.W.2d 821, 73 W.C.D. 865 (Minn. 2013), read like a law school hypothetical or test question meant to challenge students.  The employee in this case was a middle-aged journeyman electrician, whose job duties included electronically monitoring power and transmission lines.  Her work duties were performed at a desk, where she usually wore jeans and other casual clothes to work.  Presumably, this did not include high heels.

On the date of injury, Ms. Dykhoff was instructed to attend a training session.  Employees attending this event were advised to wear “dress clothes.”  While attending the event, the employee wore two-inch high heels.  She suffered a knee injury while walking on a dry floor.  A post-injury investigation noted there was no debris on the floor.

The case was found not compensable after initial hearing.  These conclusions were reversed at the first level of appeal.  Ultimately, the Minnesota Supreme Court upheld the hearing judge’s determination of non-compensability after a close evaluation of the facts and application of developing case law.  Central to the Court’s conclusions were three common tests used in many workers’ compensation cases when the law and careful review of the facts drive issues of compensability:

  • Increased Risk Test: The employee must show that she is exposed to a greater risk than the general public;
  • The Positional Risk Test: The employee need only show that her employer placed her in the position where she was injured; and
  • The Work-Connection Balancing Test: Where the arising out of/course of elements are evaluated.

In reversing the lower court decision, the Minnesota Supreme Court noted, “the employment creates a special hazard from which injury comes, then, within the meaning of the statute, there is that ‘causal relation’ between employment and the injury.”

Lessons Learned and Application

There is obviously no way an employer or other stakeholders can prevent a claim from being filed in instances like those described above.  On the other hand, there are important take-aways anyone can implement to avoid adverse findings and increased workers’ compensation program costs:

  • Maintaining a safe and properly functioning workplace environment is the surest way to prevent injuries. This includes making sure all walking surfaces are clear of debris and spills are immediately cleaned up in a proper manner.  All employees within an organization should receive annual safety training and understand the importance of their role in the process.
  • Setting proper expectations of employees when they attend meetings or other special functions during customary work hours or outside the normal workday. It is unclear what role the employee’s healed footwear played in the minds of judges when considering the Dykhoff  Notwithstanding its significance or lack thereof, it is something important to employers and other stakeholders to consider when holding workplace meetings where the posted attire exceeds those set during normal business hours.  This includes footwear.
  • A careful and complete investigation of all work injuries after they occur is important. Due to the interest in workplace “risk” by the Minnesota Supreme Court and other judicial bodies, it is important to note an uneven walking surface, a missing floor tile or floor mat can result in paying for someone’s medical bills and wage loss benefits under a workers’ compensation program.

Conclusions

Members of the claims management team and other interested stakeholders should take note of ways to keep their workers’ compensation costs in check.  Part of this includes an analysis of employee expectations and an awareness to dangers that lurk around the corner.  This includes an awareness to workplace safety and demands on employees.

Author Michael Stack, Principal, COMPClub, Amaxx LLC. He is an expert in worker’ compensation cost containment systems.  He works as a consultant to large and mid-market clients, is co-author of Your Ultimate Guide To Mastering Workers Comp Costs, a comprehensive step-by-step manual of cost containment strategies based on hands-on field experience, and is founder of COMPClub, an exclusive member training program on workers compensation cost containment best practices.

For additional information on workers’ compensation cost containment best practices, register as a guest for COMPClub next live stream training.

Contact: mstack@reduceyourworkerscomp.com.

Published by adjustercom with permission.  © 2017 Amaxx LLC.  All rights reserved under International Copyright Law.

 
 

 Hot Jobs


Uncategorized
It's Not Really Uncategorized; it's a writer or journalist. No position title exists for this type of position in the system.
adjustercom
Mostly California -- emphasis on the Western States -- but the minority of writing can be about anywhere in the world
View All Jobs

The J Morey Company

Build Your Brand

jobs.adjustercom.com

The J Morey Company


    Copyright 2024 | Privacy Policy | Feedback |  

Web site engine's code is Copyright © 2003 by PHP-Nuke. All Rights Reserved. PHP-Nuke is Free Software released under the GNU/GPL license.