Mera-Hernandez v. U.S.D. 233: The injuries suffered by an undocumented school custodian who falsified hiring documents in Kansas are compensable, because her status as an employee alone trumps any defect U.S.D. 233 asserts regarding her original hiring

Injured undocumented worker in Kansas due comp benefits 

Louise Esola 3/27/2017 12:07:00 PM


The injuries suffered by an undocumented school custodian in Kansas are compensable despite the school district’s objection stemming from falsified documents, a Kansas Supreme Court judge ruled Friday.

In Mera-Hernandez v. U.S.D. 233, Unified School District 233 in Olathe, Kansas, claimed the employment contract issued to Leticia Mera-Hernandez, who was hired in 2009 using a false name and false paperwork under the name Hilda Reina, was null and therefore so was her workers compensation claim stemming from an injury in 2012, according to court documents.

Ms. Mera-Hernandez injured her back while moving furniture at a school. The district paid for her medical treatment, and after a undisclosed period of medical leave, she returned to work but continued suffering from pain, according to documents.

She sought further medical treatment, which the district denied. She later filed a workers comp claim using her real name, subsequently admitting to falsifying documents because she wasn’t legally permitted to work in the United States, according to records.

The district then fired her when they learned of the claim and her false name, claiming its employment contract was fraudulent and null due to her falsehoods, record state.

On Friday, the Kansas Supreme Court affirmed the Court of Appeals ruling that found that Ms. Mera-Hernandez’s immigration status does not dispute that she performed work for the school district.

“(Ms.) Mera-Hernandez, clearly qualifying as any person, did enter into the employment of U.S.D. 233,” the ruling states. “She did the work she was directed to do by U.S.D. 233, and U.S.D. 233 paid her for that work, albeit under a different name. Because Mera-Hernandez fits the broad definition of an employee under the (Workers’ Compensation) Act, she is entitled to its coverage. That status as an employee alone trumps any defect U.S.D. 233 asserts regarding her original hiring.”

A school district spokeswoman said in an email Monday that the district is unable to comment on the case.

A worker installing a waterline near state Route 558 in Salem Township was injured when a hose reel fell on him

LEETONIA, OHIO — A man working to install a waterline near state Route 558 in Salem Township was injured when a hose reel fell on him, Leetonia Fire Chief Larry Hephner confirmed Monday.

Hephner said his department was notified around 3 p.m. of a man injured on state Route 558 near state Route 164.

He could not provide the man’s identity, but estimated him to be in his early 20s. He said he was taken by Stat MedEvac to St. Elizabeth Hospital in Youngstown.

Firefighters were able to set up a landing zone for the man on the property where he and other employees were working to install the waterline. It is believed the line is associated with oil/gas wells drilled a few miles east.

Hephner did not know what company they were working for. He said the man’s co-workers were able to get the hose reel off of him before fire and EMS arrived.

“We just had to get him out to the road,” Hephner said.

The man was conscious and alert during the rescue effort, he added.

Leetonia responded with six firefighters and four EMS.

A controversial bill to limit benefits for injured Iowa workers won final legislative approval last night, passing the Iowa Senate on a partisan vote of 29 to 21.

Bill to Limit Benefits for Injured Workers on its Way to the Governor
By Joyce Russell • 4 hours ago



Iowa State Capitol
John Pemble/IPR


A controversial bill to limit benefits for injured Iowa workers won final legislative approval last night, passing the Iowa Senate on a partisan vote of 29 to 21.

Backers say the current system has become biased against employers.

Critics say the bill will reduce employers’ liability to provide benefits to workers injured on the job.

I don't think you should be able to collect twice on the same injury. -Sen. Michael Breitbach

Officials estimate that 20,000 Iowa workers are injured each year.

“Nothing in this legislation will do anything to make Iowa workplaces safer,” said Sen. Nate Boulton (D-Des Moines). “We simply cut benefits after you're already hurt.”

Critics complain the bill will limit claims if an injured employee returns to work but then is fired, and workers will be less likely to seek independent medical exams.

The bill will cap attorney fees as well as limit benefits based on when a worker reports an injury.

Employers also would be allowed to deny benefits if an injured worker tests positive for alcohol or drugs.

It makes a dangerous bill better. -Sen Nate Boulton

Backers say under current law, injured workers are double-dipping, including collecting unemployment and disability payments at the same time.

“I don't think you should be able to collect twice on the same injury,” said the bill’s sponsor Sen. Michael Breitbach (R-Strawberry Point). “I don't think you should get permanent and partial disability at the same time.”

State officials say they’re seeing a big jump in claims as the bill has been under discussion.

“I think it should scare us the number of claims that attorneys have filed in the last month because they’re afraid we might change the law,” Breitbach said. “They’re trying to beat it.”

The bill now goes to Governor Branstad who is expected to sign it.

Earlier this year, Branstad said the state’s workers compensation system has become more of a long-term disability program rather than temporary help for injured workers.

The bill includes fewer restrictions on benefits than Republicans originally proposed.

"It makes a very dangerous bill better,” Boulton said. “It does not solve all the problems.”

Coast Guard reminds vessel owners and operators to consider all hazards related to chemical spills: Caustic soda is highly reactive with aluminum causing it to oxidize and corrode quickly.

Indications of Chemical Reaction and Destruction of Aluminum Plating 
 
MARCH 28, 2017 — 

The USCG Headquarters Office of Investigations and Casualty Analysis has issued a "lessons learned" circular on the hazards of chemical spills.

Earlier this year several Coast Guard marine inspectors were performing a deficiency check on a crew boat that operates in the Gulf of Mexico. It happened to be raining that day and while the inspectors were in the engine room, they noted water dripping from the overhead at various locations. They also spotted several cracks and parted seams in the aluminum braces of the structure that was the underside of the vessel’s cargo deck. The extent of damage and exact sources of the leakage was difficult to determine, so the inspectors requested the boards covering the surface of the cargo deck be removed.

Upon returning to the vessel the following day, the team found significant wastage covering a large area of the now exposed aluminum surface. Furthermore, they identified areas where the corroded aluminum had softened and appeared spongy. It was clear that a chemical reaction had taken place.

In their investigation into the circumstances surrounding this situation, the inspectors learned that there had been a caustic soda spill on the deck. While it was washed off the vessel with water, a diluted caustic soda and water mix seeped into and settled underneath the wood planking. A chemical reaction then occurred, causing damage and the need for extensive repairs.

Caustic soda is highly reactive with aluminum causing it to oxidize and corrode quickly. Additionally, when caustic soda is exposed to aluminum under some conditions it can also produce highly flammable hydrogen gas.

As a result of this incident, the Coast Guard reminds vessel owners and operators to consider all hazards related to chemical spills. In addition to potential health risks to personal involved with routine handling and clean up of spills, there is also the potential for adverse chemical reactions with vessel components, construction materials, and other items onboard.

Read the "lessons learned" circular HERE.

==========




March 28, 2017 Lessons Learned 01-17
Washington, DC

Lingering Lye Leads to Costly Deck Replacement

Earlier this year several Coast Guard marine inspectors were performing a deficiency check on a crew boat that operates in the Gulf of Mexico. It
happened to be raining that day and while the inspectors were in the engine room, they noted water dripping from the overhead at various locations. They also spotted several cracks and parted seams in the aluminum braces of the
structure that was the underside of the vessel’s cargo deck. 

The extent of damage and exact sources of the leakage was difficult to determine, so the inspectors requested the boards covering the surface of the cargo deck be removed. Upon returning to the vessel the following day, the team found significant wastage covering a large area of the now exposed aluminum surface. Furthermore, they identified areas where the corroded aluminum had softened and appeared spongy. It was clear that a chemical reaction had taken place.
 
In their investigation into the circumstances surrounding this situation, the inspectors learned that there had been a caustic soda spill on the deck.
While it was washed off the vessel with water, a diluted caustic soda and water mix seeped into and settled underneath the wood planking. A chemical reaction then occurred, causing damage and the need for extensive repairs.

Caustic soda is highly reactive with aluminum causing it to oxidize and corrode quickly. Additionally, when caustic soda is exposed to aluminum under some conditions it can also produce highly flammable hydrogen gas.
 
As a result of this incident, the Coast Guard reminds vessel owners and operators to consider all hazards related to chemical spills. In addition to potential health risks to personal involved with routine handling and clean up of spills, there is also the potential for adverse chemical reactions with
vessel components, construction materials, and other items onboard.

This document is provided for informational purpose only and does not relieve any domestic or international safety, operational, or material requirements. Developed by Marine Safety Unit Lake Charles and distributed by Coast Guard Headquarters Office of Investigations and Casualty Analysis.

Questions or comments may be sent to HQS-PF-fldr-CG-INV@uscg.mil.

The Belle Fourche crude oil pipeline spilled 529,830 gallons of crude oil in North Dakota, more than 3 times more than initially "estimated"

Pipeline Owner: North Dakota Crude Spill Larger than First Estimated
By Liz Hampton | March 28, 2017


A crude oil spill in western North Dakota in December is now believed to be about three times bigger than originally estimated, pipeline owner True Companies said, making it the largest crude leak to affect water in the state in over a decade.

The Belle Fourche crude oil pipeline spilled an estimated 12,615 barrels of oil, more than the December estimate of 4,200 barrels, spokeswoman Wendy Owen said in a phone call.



The spill is the second-largest crude spill in the state in more than 15 years, behind a 20,600-barrel leak by a Tesoro Logistics LP pipeline in 2013, according to data from the Pipeline and Hazardous Materials Safety Administration.

Around 80 percent of the cleanup is complete, Owen said, noting the incident occurred following ground movement. Oil from the pipeline leaked into the Ash Coulee Creek and on a hillside.

The pipeline operator has collected around 3,900 barrels of oil from the creek by skimming and vacuuming, Owen said. No oil moved further down the creek, which feeds into the Little Missouri River and eventually flows into the Missouri River, a major source of drinking water, she said.

The North Dakota Department of Health has not yet completed a subsurface investigation on the hillside affected by the leak to confirm how much oil remains, agency program manager Bill Seuss said by phone.

The spill was not originally detected by monitoring equipment, which True Companies has said was likely due to its intermittent flow.

The spill occurred about 150 miles from where the Standing Rock Sioux tribe and environmentalists were protesting Energy Transfer Partners’ controversial Dakota Access Pipeline. Those groups said a spill could contaminate drinking water.

President Donald Trump signed executive orders paving the way for the Dakota Access Pipeline and TransCanada Corp.’s Keystone XL shortly after taking office. On March 24, he issued a presidential permit for the Keystone XL.

The six-inch North Dakota pipeline has capacity to move 24,000 barrels per day, at a maximum rate of 1,000 barrels per hour.

While Belle Fourche’s impacted line remains shut for cleanup operations, another line is moving crude oil from its origin and receipt points.

The incident led to U.S. pipeline regulators ordering the company to improve leak detections, along with other actions.