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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Wednesday, July 11, 2012

Former CEO for Missouri Employers Mutual and Attorney Sentenced for Misappropriation of Funds

Seal of Missouri.
Seal of Missouri. (Photo credit: Wikipedia)

Roger B. Wilson was sentenced to two years probation, a $5,000 fine, $5,000 restitution and 100 hours of community service.  Edward Griesedieck III was sentenced to one year of probation, a $5,000 fine, $5,000 restitution and 100 hours of community service.  Both were sentenced involving their misappropriation of funds from an insurer.

Wilson was CEO of Missouri Employers Mutual (MEM),  a provider of workers compensation insurance.  Douglas Morgan, now deceased, was the Chairman of the Board of Directors of MEM.  Edward Griesedieck III was a partner with the St. Louis law firm of Herzog Crebs and provided legal services to MEM.  In July 2009, Griesedieck made a $5,000 contribution to the Missouri Democratic Party at the direction of Douglas Morgan and then billed the contribution to MEM on his legal bill as "cost advanced."  The MEM Board of Directors was unaware of the political contribution or the falsity of the legal bill.  Without permission from the Board, Wilson, at the direction of Morgan, approved the payment of Griesedieck’s legal bill, including the reimbursement of $5,000 for the political contribution.  As a result, the public campaign disclosure records for the State of Missouri falsely reflected the contributions from Griesedieck’s law firm.  

In December of 2009, Morgan again directed Griesedieck to make a contribution to the Missouri Democratic Party, this time for $3,000, but with the promise that he, Morgan, would personally reimburse Griesedieck for the contribution.  Later, when Morgan ran into financial problems, he then directed Griesedieck to bill MEM for the contribution.  However, when in-house counsel for MEM discovered in a routine review that the "cost advanced" related to a contribution to the Missouri Democratic Party, Wilson then reimbursed Griesedieck from his personal funds. 

Rodger Wilson, Columbia, MO; and Edward Griesedieck III, Town & Country, MO, both entered guilty pleas in April to one misdemeanor count of misappropriation of funds from an insurer. They appeared today for sentencing before U.S. Magistrate Judge Mary Ann Medler. 

As part of his plea, Griesedieck agreed to surrender his law license for 18 months.  Further, both Wilson and Griesedieck entered into consent orders with the Missouri Ethics Commission and paid fines of $2,000.  Both have also made restitution to MEM for the funds used to reimburse Herzog Crebs for the political contributions.
           
This case was investigated by the Federal Bureau of Investigation.  Assistant United States Attorney Hal Goldsmith handled the case for the U.S. Attorney’s Office.  Missouri Employers Mutual fully cooperated and provided assistance in the investigation.

More on Corporate Fraud

Nov 03, 2011
OSHA: Corporate Fraud Contributed To Nation's Economic Problems. The U.S. Department of Labor's Occupational Safety and Health Administration will publish interim final rules in the Nov. 3 Federal Register that revise the ...
Nov 01, 2011
Report counters efforts from U.S. Chamber and its corporate allies to deny recourse to workers and consumers dying from asbestos exposure. The U.S. Government Accountability Office (GAO) released a report – requested ... The report refutes claims made by the U.S. Chamber and asbestos manufacturers, finding that the trusts are transparent and have measures in place to prevent fraud. The following is a statement from American Association for Justice President ...
Jan 11, 2012
OSHA: Corporate Fraud Contributed To Nation's Economic Problems (workers-compensation.blogspot.com); Baby Boomers Have Work Comp Claims Too (workers-compensation.blogspot.com); Misrepresentation on ...
Apr 20, 2011
The book, Confessions of a Union Buster, gives us insight into the active national agenda of Corporate American to redesign the nation's workers' compensation system through a conspiracy employing the use of smoke and mirrors. Martin Jay Levitt, who performed despicable acts as an employer-sponsored union ... Levitt knew that these tests were a sham and a fraud from the beginning. “The employer attitude survey is a shameful example of science twisted into ...


Exclusivity Rule Adopted in MDL Aviation Law Case

Continental Connection Bombarder Q400 operated by Colgan Air
Photo Credit: Wikimedia Commons
In a Multidistrict Litigation (MDL) case pending in New York, a Federal Court ruled that the New Jersey law governing exclusivity of claims barred an employee from proceeding with an intentional tort claim against the employer. Despite the fact that the fatal plane crash occurred in New York, the Court adopted New Jersey law since the the employer was based in New Jersey, the employee was based in New Jersey and workers' compensation benefits were being paid under New Jersey law by a New Jersey based and claims unit in New Jersey.


The Exclusivity Doctrine bars an employee from filing a claim against his or her employer outside of workers' compensation. There are some limited exceptions to that rule such as intentional actions by the employer such as concealment of medical information and gross negligence. The workers' compensation act in the overwhelming majority of claims supersedes common law actions in tort and is the exclusive remedy for an injured worker against an employer. Dudley v. Victor Lynn Lines, Inc., 32 N.J. 479, 161 A.2d 479 (1960).  Kristiansen v. Morgan et al., 153 N.J. 298, 708 A.2d 1173 (1998).




The Court reasoned that under a New York conflict-of-laws analysis, the State of New Jersey, rather than New York, had a greater interest in the case. since the plaintiff failed to meet the two prong NJ test to circumvent the NJ exclusivity rule, the case was dismissed. 


In re Air Crash Near Clarence Center New York on February 12, 2009 v. Colgan Air, Inc., et al., # 09-md-2085, 10CV-10078, 2012 WL 1029530 (W.D.N.Y.) March 26, 2012

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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More on The Exclusivity Rule

Jun 13, 2012
Court Rules Site of Accident Invokes Exclusivity Rule. English: Motor vehicle accident following a ve... A NJ appeals court ruled that a motor vehicle accident cause by a co-worker in the emplyers' parking lot, before work had...
Jun 27, 2012
Willful OSHA Violation Alone Not Enough Alone to Circumvent the Exclusivity Doctrine. "New Jersey's Workers' Compensation Act (the Act), N.J.S.A. 34:15-1 to -128.5, provides a prompt and efficient remedy for an employee's ...
Apr 09, 2010
A Federal Judge, who is managing the Multi-District Asbestos Litigation, has ruled that the exclusivity doctrine defeats the application of the dual capacity doctrine where the manufacturer's corporation was merged into the ...
Apr 23, 2012
The Exclusivity Rule: Under the circumstances of this case, which include a finding by the federal Occupational Safety and Health Administration that the accident was the result of a “willful violation” of its regulations, did the ...

Tuesday, July 10, 2012

Companies Without Telephone Numbers?

Alexander Bell's First Telephone
Injured workers and their representatives are now being confronted with a new phenomenon of the technological age, companies without telephone numbers. Companies are becoming less accessible to personal conversation by removing their telephone numbers from contact information entirely. 


The elimination of telephonic communications makes it more difficult for injured workers to report injuries and illnesses, and receive assistance through human contact. Many companies employ "blocked" numbers that essential make telephonic communications a one-way street leaving the injured working hanging on the line when cut off. 


One can only reason that the failure of companies to supply telephone numbers is either a cost saving item, or that companies are just too important to speak with individuals any longer.

Monday, July 9, 2012

Sign of the Times: Fragrance Free Workplace

Credit: Canadian Centre for Occupational Health & Safety

"Allergies are common - especially in Oklahoma.  Not only can people be allergic to pets, pollen, and dust, but some can also be allergic to perfumes and cologne.  When visiting City Hall, please help us by not wearing perfume, cologne, or other fragrances.  If you are wearing a fragrance, you will need to remain at the front of the building when visiting.  Thank you for your help!
Tuttle. Oklahoma"

Scent-Free work policies for the workplace are now increasing. 
Some or all of the following adverse health symptoms have been  reported:
  • headaches
  • dizziness, lightheadedness
  • nausea
  • fatigue
  • weakness
  • insomnia
  • malaise
  • confusion
  • loss of appetite
  • depression
  • anxiety
  • numbness
  • upper respiratory symptoms
  • shortness of breath
  • difficulty with concentration
  • skin irritation
Related Articles:
Jan 09, 2009
A licensed practical nurse who suffered from preexisting pulmonary disability was permitted to recover benefits against her employer when a co-employee sprayed perfume at work. The NJ Appellate Division ruled that a ...
Dec 01, 2010
An employee in Ohio who was denied a claim for workers' compensation benefits, has filed a lawsuit against her co-workers against her co-employees. With the workers' compensation claim have been rejected, the workers' ...

Saturday, July 7, 2012

Aging Population Requires More Attention

"In the past three months, 39.8 million people over age 15 have provided unpaid care to someone over 65 'because of a condition related to aging.'”
As some jurisdictions cut off workers' compensation benefits based on age, the burden of providing elder care will even increase more significantly in the years ahead.

Click here to read the article: "New Numbers on Elder Care," Paula Span (NY Times)

Click here to read the report:  American Time Use Survey -- 2011 Results (US BLS) 


Related Blogs:
Dec 05, 2009
Safety in the workplace is now a growing concern as US aging workforce expands. It has been frequently reported that the expansion of this dimension of the labor sector has generated an increase in serious accidents and ...
Oct 31, 2011
Statistics also reveal that the aging workforce is continuing to fall apart physically and file for Social Security Disability Insurance in lieu of workers' compensation at a greater rate than ever.. Even though more attention is now...
Feb 18, 2011
The aging workforce continues to increase as a result of both the economic downturn, as well a a dramatically increased retirement age. Furthermore, the increase in the denial rate of occupational conditions, some caused by ...
http://workers-compensation.blogspot.com/


Jun 19, 2012
Too Old For Comp Statute Upheld. An Appellate Court in Florida has upheld a state law that limits workers' compensation benefits due to age. The Court held: Section 440.15(1)(b), Florida Statutes (2003), classifies the ...
Jan 12, 2011
Too Old to Get Workers Compensation. Washington's Governor, Chris Gregorine has proposed legislation to retire older totally disabled workers from the state's workers' compensation system. About 8% of the state's totally...


OSHA Saves Lives & Reduces Workers Compensation Costs 26%


Statement of Jordan Barab
Deputy Assistant Secretary for
Occupational Safety and Health
U.S. Department of Labor
Before the
Subcommittee on Workforce Protections
Committee on Education and the Workforce
U.S. House of Representatives
June 28, 2012

"Regarding the importance and effectiveness of OSHA's enforcement programs, recent studies confirm the effectiveness of enforcement in ensuring the safety and health of workers. We were very heartened by research from Michael Toffel and David Levine, business school economists at Harvard University and the University of California, respectively, which demonstrates OSHA workplace inspections not only improve safety, but also save billions of dollars for employers through reduced workers' compensation costs. The study, entitled "Randomized Government Safety Inspections Reduce Worker Injuries with No Detectable Job Loss1," reports that companies subject to random inspections by CAL/OSHA showed a 9.4 percent decrease in injury rates compared with uninspected firms in the four years following the inspection. With no evidence of a negative impact on jobs, employment, or profitability of the inspected firms, the decrease in injuries led to a 26 percent reduction in workers' compensation costs – translating to an average savings of $350,000 per company. Savings were observed among both small and large employers, and, if extrapolated to the full, nation-wide extent of OSHA inspection activities, would amount to savings of roughly $6 billion nationwide. These findings lend support to our belief that OSHA regulatory enforcement save lives while reducing workers' compensation costs for American businesses."


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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.


More Blog Postings About OSHA
Jun 27, 2012
A finding of a willful OSHA violation is not conclusive in determining whether the employer committed an intentional wrong for the purposes of the Workers' Compensation Act. Instead, it is one factor among the totality of ...
Jun 21, 2012
Transportation injuries at work lead the list of industrial accidents and OSHA is now enforcing safety procedures to hopefully reduce trucking injuries. Historically the trucking and transportation industry has take a "hard line" ...
Jun 19, 2012
Three concurrent investigations were completed by OSHA's offices in Columbia, S.C.; Nashville, Tenn.; and Harrisburg, Pa. The investigations revealed reasonable cause to believe that the employees' reporting of their ...
Jun 11, 2012
"This company is risking worker injury and possible death by failing to provide proper fall protection," said Kris Hoffman, director of OSHA's Parsippany Area Office, which conducted the inspection. "Employers need to know ...


Friday, July 6, 2012

Overwork A Recognized Compensable Condition

The Japanesse courts have coined "overwork" as a soaring compensable mental health condition based on depression cause by adverse work conditions. The worldwide economic downturn has resulted in more demanding working conditions which have become adverse to employee health. Fatigue, caused by demanding schedules and long work hours has been found as a major contributing cause of depression for Japanese workers.

The Economist reported. "HARA-KIRI is a uniquely Japanese form of suicide. Its corporate equivalent is karoshi, “death by overwork”. Karōshi (過労死?), which can be translated literally from Japanese as "death from overwork", is occupational sudden death. Although this category has a significant count, Japan is one of the few countries that reports it in the statistics as a separate category. The major medical causes of karōshi deaths are heart attack and stroke due to stress.


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For over 3 decades the Law Offices of Jon L. Gelman1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.



Related Blog Post

Feb 28, 2012
The Compensabilty of Death By Overwork. Late in the 1970s, serious social concern over health problems due to long working hours has arisen in Japan. This report briefly summarizes the Japanese circumstances about long ...


Related Articles
The New Mental Workplace Stress : Loneliness
Workers' Compensation claims have been increasing for mental stress claims as technology evolves and more workers are feeling more isolated and estranged from their co-workers by technology. Mental disability attributed to psychological stressors have for decades been recognized as a compensable event in workers' compensation.  Stress claims are on the upswing as employees work alone and the declining economy forced limitations on  employer generated social activity.

Stress in the Workplace: The Availability of Workers' Compensation Benefits
Compensability for occupational diseases has become commonplace in most, if not all, jurisdictions throughout the country; however, the majority of claims filed allege physical rather than mental disability. The California Workers' Compensation Institute recently published their study of mental stress claims which indicated an increase of 430 percent in the number of claims filed from 1980 to 1986.

The main causes for these claims include job pressures, harassment, and job termination. Other types of discrimination and stressors account for a small percentage of the claims filed.

Stressful Jobs Are A Killer
Workers exposed to stress for at least half their working lives are 25 per cent more likely to die from a heart attack, and have 50 per cent higher odds of suffering a fatal stroke. Also, blue-collar workers are more prone to such illnesses than executives. These facts are exposed in the ‘modern workers health check’ featured in the latest issue of TUC backed Hazards magazine out today (Tuesday).

TUC research shows that stress is Britain’s number one workplace health hazard. Now the ‘modern workers health check’ reveals worldwide evidence of employees being worked into the ground:

Workers with stressful jobs are more than twice as likely to die from heart disease.