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.

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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.

Excavator operator with Brunalli Construction fell 20-feet to his death on CT state Route 2 after the John Deere equipment tipped over during high winds

EAST HARTFORD, CT

The state Department of Transportation says a construction worker fell to his death from an excavator that tipped over on state Route 2.

Spokesman Kevin Nursick says 60-year-old John Dubray, of Bethlehem, fell about 20 feet to the ground on the shoulder of Interstate 84 on Wednesday.

Officials say Dubray had been operating the excavator for Southington-based contractor Brunalli Construction. Dubray was taken to Hartford Hospital where he was later pronounced dead.

Nursick says the excavator was using hydraulics to break and deconstruct portions of a ramp. The digger tipped over the edge of the bridge and the operator fell from the cab.

State police and the Occupational Safety and Health Administration are investigating the incident.



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East Hartford, CT – A construction worker fell to his death from the cab of an excavator that tipped over on Route 2 on Wednesday, according to the state Department of Transportation.

The worker, 60-year-old John Dubray of Bethlehem, was operating the excavator for contractor Brunalli Construction, a Southington-based company that has been cited in the past for safety violations.

Dubray fell about 20 feet to the ground on the shoulder of I-84, according to Kevin Nursick, DOT spokesman. He was transported to Hartford Hospital, where he was later pronounced dead, police said.

The incident occurred at about 12:45 p.m. When troopers arrived, they found the John Deere excavator on its side with the boom leaning over the overpass. Its extended arm was touching the ground alongside I-84, keeping it from collapsing further, Nursick said.

Crews are working on a $22 million demolition project in the area. Brunelli Construction is the contractor for the state.

The Department of Transportation said the worker was doing demolition of the bridge railing.

Officials said the wind was not believed to be a factor in the incident. The Office of the Chief Medical Examiner will conduct a post-mortem examination to determine the cause of the death.

NO DRIVING FOR OLD MEN: 9 people injured after 76-old man speeds his Lexus through red light, collides with several other cars in North Amityville, LI

NORTH AMITYVILLE, Long Island (WABC) -- Nine people were hospitalized Tuesday after an accident involving ten cars on Long Island.

The crash happened at about 12:05 p.m. at Route 110 and Bentley Street in North Amityville.

Police say a 76-year-old man, who was driving a Lexus sedan and may have suffered a medical event, sped up to a red light on Route 110.

Witnesses said the speeding car went airborne and rolled over other vehicles.

Nine people were transported with non-life-threatening injuries to three hospitals- Good Samaritan Hospital Medical Center in West Islip, Saint Josephs in Bethpage and Nassau University Medical Center in East Meadow.

There were no arrests and no summonses issued.

Old drivers must undergo mental, medical, physical and driving testing prior to having their licenses renewed.  They cause way too many accidents on the roads.

2 SUV passengers killed, driver in critical after the SUV failed to yield at a stop sign and were hit by a potentially drunk pickup truck driver near Hanford, CA

Monday, March 27, 2017 11:26PM
FRESNO, Calif. (KFSN) -- Two people are dead Monday night following a crash in Kings County, authorities said.

The crash happened on Highway 43 and Idaho Avenue near Hanford.  

Detectives said an SUV failed to yield at a stop sign and were hit by a pickup truck around 8:30 p.m.

Two people in the SUV were killed, including a 13-year-old boy, while the female driver was taken to a hospital in critical condition.

The identity of the victims has not been released, but authorities said they were from Corcoran.

Investigators say the driver of the truck may have been driving under the influence.

========

KINGS COUNTY, Calif. - The California Highway Patrol investigated the scene of a double fatal accident in Kings County Monday night. The crash happened at Highway 43 and Idaho Avenue at around 8:30PM near Hanford. 

Investigators say one of the saddest things about the accident is that it probably should not have happened. A vehicle was reportedly traveling northbound on State Route 43 at the posted speed limit.

That's when investigators say another vehicle that was traveling eastbound on Idaho failed to yield at the stop sign. The two vehicles collided. Two occupants of the SUV killed. Investigators say alcohol may have played a role.

"Alcohol is suspected on the driver of the white pickup and an officer is responding to the hospital to proceed with that investigation," said CHP Sergeant Jose Guiterrez.

The victims in the SUV are one adult male and one male teenager. The CHP says the drive of the pickup has been taken to the hospital for observation. No names have been released. Officers aren't saying what charges the driver of the pickup may face.

Two equipment demolition workers injured behind Smyrna Vehicle Assembly Plant in Tennessee

Two workers injured behind Smyrna Nissan plant
Natalie N Alund , nalund@tennessean.com 
Updated 2:40 p.m. CT March 21, 2017


Two workers were injured in an incident behind the Smyrna Vehicle Assembly Plant on Tuesday morning, authorities said.

Rutherford County EMS director Randy White said the injuries were reported at 9:39 a.m.

This incident occurred behind the plant and involved a demolition contractor, said Parul Bajaj, Nissan spokesperson.

"We are aware of the incident earlier (Tuesday) behind the Smyrna Vehicle Assembly Plant involving an equipment demolition contractor," Nissan released in a statement. "Our thoughts and prayers are with the individuals, their families and the medical personnel caring for them. We are waiting to learn additional information as authorities investigate this incident."


Worker injured at Smyrna Nissan plant dies

Smyrna Police Chief Kevin Arnold said one person was transported to Vanderbilt University Medical Center via medical helicopter and the other was taken to an area hospital by ambulance. Arnold did not know the condition of either patient.

The most recent injury involving death at the plant took place on Nov. 16 when a worker was injured and taken via medical helicopter to Vanderbilt University Medical Center in critical condition. Dennis Pinkston, 46, received a “severe crushing head injury” while checking that repairs to a conveyor belt had been successful, according to records released by the state Department of Labor and Workforce Development.

Nissan was cited and ordered to pay $29,000 by the state Department of Labor and Workforce Development in that case.



===========



SMYRNA, TN — A Nissan spokesperson confirmed that a Smyrna Vehicle Assembly Plant employee was involved in an incident Wednesday morning.

The worker was in critical condition when he was transported via Lifefight to Vanderbilt Medical Center in critical condition, said Patrick Miller with Rutherford County Emergency Medical Services.

The accident happened around 11 a.m. No further details are available.

"The employee's family members have been notified and our thoughts and prayers are with them at this time," said Parul Bajaj, Nissan spokesperson. "The safety and well-being of our team members is Nissan’s top priority."

According The DNJ's archives, the last serious accidents at the plant were in 2012 and 2013.

In June 2013, a Nissan maintenance technician was involved in a fatal accident in the body assembly area of the Smyrna vehicle assembly plant

In April 2013, an unidentified man, who worked for Nissan supplier Complete Automation, was killed when a large electrical panel fell while it was being moved.

In January 2012, contract driver Martin O'Connell of Murfreesboro was killed when he became trapped between his truck and a set of parked trailers.



========





Worker injured at Smyrna Nissan plant dies
Natalie N Alund , nalund@tennessean.com 
Updated 8:26 a.m. CT Nov. 17, 2016


A Smyrna Nissan Vehicle Assembly Plant employee critically injured in an incident on Wednesday morning has died, authorities said Thursday.

"We can confirm that a Smyrna Vehicle Assembly Plant employee was involved in an incident yesterday and transported to the hospital where he passed away," said Parul Bajaj, Nissan spokesperson, "Our thoughts and prayers are with the employee’s family during this difficult time."

The accident happened around 11 a.m. and the worker was transported via medical helicopter to Vanderbilt Medical Center in critical condition, according to Patrick Miller with Rutherford County Emergency Medical Services.

The identity of the worker was not immediately known.

DOSE MAKES THE POISON: Although mixing Borax and Elmer's Glue poses small risk, it is not zero. Prolonged exposure or digestion will cause damage

Credit: WCVB/CNN 

ROCKLAND, Mass. -- A mother in Massachusetts is warning other parents after her very-stupid young daughter was badly burned while making a popular DIY project for kids, according to WCVB.

Siobhan Quinn was excited when her daughter Kathleen became interested in making and playing with homemade "slime."

“I thought it was great. I encouraged it and bought all the stuff. And then when it was gone, I bought more. She was being a little scientist,” Quinn told WCVB.


But last weekend while Kathleen was at a sleepover, she woke up in the middle of the night in excruciating pain.

“It felt like really hot and tingly,” Kathleen said.

When Quinn picked her up the next day, she was crying in pain. She took Kathleen to Shriners Hospital where doctors determined the blisters covering her hands were actually second and third-degree burns.

Doctors told Quinn the burns were a result of prolonged exposure to Borax One, one of the main ingredients in homemade slime.

“You just have to really read the packages and know what you're mixing because there are certain things in the home that are just dangerous,” Dr. Megan Hannon said.

Kathleen is expected to make a full recovery.  Hopefully her brain has developed few cells, warning against playing with over-the-counter chemicals.


Stick to masturbation.  It is fun and will not burn your hands.
=========


Girl suffers third-degree burns making popular DIY project for kid

ROCKLAND, MA – A mother in Massachusetts is warning other parents after her young daughter was badly burned while making a popular DIY project for kids, WCVB reports.

In this day in age when so many children are glued to electronics, Siobhan Quinn was excited when her daughter Kathleen became interested in making and playing with homemade slime.

“I thought it was great. I encouraged it and bought all the stuff. And then when it was gone, I bought more. She was being a little scientist,” Quinn told WCVB.

But last weekend while Kathleen was at a sleepover, she woke up in the middle of the night in excruciating pain.

“It felt like really hot and tingly,” Kathleen said.

When Quinn picked her up the next day, she was crying in pain. She took Kathleen to Shriners Hospital where doctors determined the blisters covering her hands were actually second and third-degree burns. Doctors believe it’s the result of prolonged exposure to Borax One, one of the main ingredients in homemade slime.

“You just have to really read the packages and know what you’re mixing because there are certain things in the home that are just dangerous,” Dr. Megan Hannon said.

Quinn hopes this message will resonate with other mothers.

“I’ve had other mothers say, ‘Oh, we’ve made it a million times. It’s fine. Nothing happened to my child.’ We made it a million times, too,” Quinn said.

Kathleen is recovering, but she’s missed a week of school and has to sleep with her hands in splints.




=======


When I was a kid, I remember covering my hands in Elmer’s glue, waiting for it to dry and then peeling it off. Simpler times, I suppose (for stupid kids). But it seems that Elmer’s glue is popular with kids again for something called homemade slime.

According to the news, homemade slime is the latest Internet DIY trend - our kids are getting brainless by the day, messing with chemicals. It involves mixing white glue with water and Borax to make a squishy, stretchy, jiggly blob. It certainly looks fun, but is it safe?

Borax is a natural chemical that is found in a host of household products, including laundry detergent additives, cleaners, insect killers, herbicides and even some kinds of toothpaste. But just because it’s natural doesn’t mean it’s safe — there’s a reason it’s used to kill cockroaches. 

Consider the risks

Borax can be lethal if ingested — less than 5 grams for a child and between 15-20 grams for an adult. Signs of exposure include red and peeling skin, seizures and kidney failure. Borax can also cause skin, eye or respiratory irritation. In rare cases, prolonged exposure can cause infertility or damage to an unborn child.

Now, the amount of Borax used in most homemade slime recipes is small (usually about a tablespoon, which is a little more than 14 grams) and it is diluted in water and glue. So, while the risk may be small, it’s not zero.

I’ve also seen some fans of homemade slime saying how it’s not meant to be eaten. That’s true, of course, but as any parent can tell you, when it comes to small children “not meant to be eaten” doesn’t mean much. I would urge parents to carefully consider the risks involved before making homemade slime.

In my mind, the biggest risk is in the making of the slime. You don’t want to leave your kids unattended with a box of Borax. So, if you do decide you want to try it, I’d definitely encourage you to make it with your kids. Once it’s made, the Borax is diluted enough where I wouldn’t have much concern about kids playing with it. Then, of course, put the Borax safely away with any other toxic household items.

That said, whether it’s homemade slime or something else, if your child does ingest any potentially toxic substance, call 911 or the Wisconsin Poison Center (1-800-222-1222) immediately.

A man was electrocuted to death by a downed 115,000-Volt power line near Mountain View Diner in Gold Bar, Washington

GOLD BAR, WA — A man died after he came in contact with a downed power line in Gold Bar, WA on Monday evening.

People in the Mountain View Diner along Croft Avenue heard a loud noise around 5:45 p.m. They went outside and found a man lying near the train tracks behind the restaurant.

“It was a freak accident. Somehow the power line broke off. It’s not windy,” said Chief Eric Andrews with Fire District 26.

It’s unknown whether the line had fallen on the man or if he approached a downed line, Andrews said.

If a power line is on the ground, people should stay at least 60 feet away until the power is cut, he said. Anyone within 60 feet could be electrocuted.

All trains were stopped until the Snohomish County Public Utility District could turn off the power. The Snohomish County Medical Examiner is expected to release the man’s identify.

No additional information was available Monday evening.



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GOLD BAR, Wash. — A man was electrocuted by a downed power line near Mountain View Diner in Gold Bar, Washington Monday evening.

Patrons told Snohomish County firefighters that they heard an “electric humming” coming from behind the diner at 1306 Croft Avenue just before 6 p.m. When they walked outside they discovered the man.

Chief Eric Andrews with Fire District 26, said the man was “severely burned” and died instantly from severe injuries.

His identity and age was not immediately known.

It was also unclear if the 115,000-volt power line had fallen on the man or if he had touched the fallen line.

Andrews called the incident a “freak accident,” saying it wasn’t windy and no cars hit the power poles. Adding it “just came down.”

Transmission Line for Puget Power owns the line, according to Andrews. The Snohomish County Public Utility District has shut off the power to the line.

Andrews warns residents to stay at least 60 feet away from downed power lines.