Replies: 12
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110%er [9085]
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So, if you get the other Big C while on the job can you get
Mar 9, 2020, 2:09 PM
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Workers' Comp?
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All-TigerNet [12851]
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Chlamydia?
Mar 9, 2020, 2:12 PM
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it would have to arise out of the course and scope of your employment.
I always joke with our Workers comp folks about this question in Nevada.....
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110%er [9085]
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the new beer one***
Mar 9, 2020, 2:13 PM
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Oculus Spirit [80954]
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cirrhosis?***
Mar 9, 2020, 2:16 PM
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110%er [9085]
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not the cheap beer one***
Mar 9, 2020, 2:18 PM
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CU Medallion [50635]
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had a guy try to turn a case of flu into workers comp
Mar 9, 2020, 2:32 PM
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it was denied years ago times they change
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Oculus Spirit [97651]
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Yes, and no. That's a deep subject.
Mar 9, 2020, 2:34 PM
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But generally the answer is yes, you can IF you can prove:
1) You were exposed to a substance or chemical at work, in your employment, that has been proven to cause the cancer
2) You worked at the facility, and in the area, and during the time, that substance was prevalent
3) You have to die from it, or recover from it with an impairment.
Now, it is a worker's comp claim, but it is usually paid through class action settlements, which are civil cases because the WC carrier who has the legacy policy coverage from that time period for the employer, has the right to recover from civil settlement funds through subrogation. Say a plant has a known asbestos problem. You worked around it for years. You develop mesothelioma and die from it. There is already a class action settlement out there for asbestos cases, and many other things. Only upon your death, your dependents can file a claim for benefits under the Worker's Comp act. These cases are usually settled with the involvement of the class action civil attorney, with the date of accident being generally the date of last employment at the employer where you were exposed. So you can die in 2017 from mesothelioma but the date of accident (date of last injurious exposure) could be January 1, 1982 when you were laid off at the asbestos plant.
Now get this: Since the benefits are paid through worker's comp, the dependents entitled to the benefits are established at the date of accident. Say, Jan 1, 1982. But you died in 2017 married to wife #3. In 1982 you were married to wife #1. You also had twin boys who were 6yo at the time. Also dependents. You had children afterwards who are now grown too. BUT, your two minor twins at the date of accident are statutory dependents, but the older children were not born yet. All are grown now.
Once everyone gets lawyered up, these cases get very interesting. They usually occupy boxes by the time they're concluded, not file folders. I've worked on lead exposure cases in a battery plant, asbestos at paper mills, asbestos in shipyards, seed dust from grain silos, and various chemical exposures. It takes a lawyer. Tons of medical testimony. Some historical digging to figure out when you were hired/stopped work, where you worked in the plant, where exposure occurred in the plant, who now holds the coverage that was held for the plant at the time..... Did you work around asbestos later or earlier in your career with some other employer? Got to bring them in too. Other risk factors (smoking, etc.)?
It's a mess. And I only know maybe 10 lawyers good at dealing with those types of cases. They can go on for years and years and eventually have a half-dozen or more lawyers involved.
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CU Medallion [50635]
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well dang in todays world i thought the big C was caronaviru***
Mar 9, 2020, 2:35 PM
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All-In [40868]
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that's little c unless your are old***
Mar 9, 2020, 2:38 PM
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Oculus Spirit [93604]
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Henry qualifies.***
Mar 9, 2020, 2:39 PM
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Oculus Spirit [97651]
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I hear the "big C" and I think cancer. Hence my reply.
Mar 9, 2020, 2:46 PM
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Coronavirus......doubt it.
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All-TigerNet [13764]
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Re: So, if you get the other Big C while on the job can you get
Mar 9, 2020, 2:43 PM
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Our company has cancelled all non-essential work travel. Basically all the meetings you usually travel to that could have been an email or a phone call, will now be an email or a phone call.
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All-TigerNet [12851]
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2nd quarter SG&A costs will be the best on record
Mar 9, 2020, 5:02 PM
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T&E will be nearly zero.
THE man wins again
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Replies: 12
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