It is one thing to provide workers' compensation coverage to injured employers and it is another issue how involved an employer can be in managing medical care. That right was never addressed by the crafters of the workers' compensation system almost a century ago.
That dilemma is now being addressed by a Federal Judge in Colorado where a class action lawsuit pending against Wal-Mart for micro-managing and restricting medical care to injured workers. Brooks Magratten, Esq, has addressed these issues in a recently authored article. "Class Action Attacks Wal-Mart Health Care Model." 25 No. 13 WJEMP 1 (Jan. 25, 2011). The landmark action has the potential to expand workers compensation medical care into the umbrella of a national universal medical care system.
The plaintiffs in the pending action, all former and present Wal-Mart employees, are seeking treble damages against the mega-corporation, with an aggregate market value of $108.8 Billion, for interfering with medical care. Judge Robert Blackburn has denied Wal-Mart's motion to dismiss, now setting the stage for a definitive test of the workers' compensation medical system nationally.
A US District Court in NJ is allowing a claim of injured agricultural worker to proceed against an employer directly for an intentional tort flowing from a pesticide spraying.
The workers, residents of Puerto Rico, were employed on a NJ farm harvesting produce. hey were employed to work in fields that the employer recently applied pesticides or was actually spraying the pesticides. Is was alleged that the employer failed to provide medical assistance after the workers became ill and did not provide the employee's physicians with complete with complete information on the [potential pesticide exposure that would have allowed better treatment.
The Court denied the defendant's motion for summary judgement and is allowing the case to be heard.
Montalvo v. Larchmont Farmes, Inc., Civil Action No. 06-2704 (RBK/AMD) 2010 WL 3025045 (D.N.J.) decided July 29, 2010,
Click here to read more about pesticide exposures and workers compensation.
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com have been representing injured workers and their families who have suffered occupational exposures,
