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Question: While breaking down cardboard boxes using a pocket knife, an employee cuts his arm. The occupational health nurse closes the wound using a product called zip stitch and the employee returns to work. Is it compensable? -Nate B. 1/9/21

Answer: This would most likely be a compensable claim, the injury resulted directly from work. Colorado Worker's Compensation Act of 2018 states "The right to compensation is provided for.... if the following conditions occur: (b) Where, at the time of the injury, the employee is performing service arising out of and in the course of the employee's employment;" (See 8-41-301(b)). Because workers compensation is a no fault system, it doesn't matter if a pocket knife was used rather than a box-cutter, or how he was treated. The on-site treatment will probably result in less medical bills, but the injury will be considered compensable. -McKell S. 1/17/21

#colorado #workerscompensation #injury #laceration #cardboard #boxcutter

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Question: An employee had a seizure at work. The worker is in his sixties and has never experienced a seizure prior to this. The worker did not suffer any injuries but was given prescription medication. There is no indication that the workplace/environment played any part in his seizure. Is it compensable? Is it compensable? -Nate B. 1/9/21

Answers:

Generally speaking, these injuries are not considered compensable, because they don't "arise out of or in the course of employment." Connecticut has a provision that allows for compensation if the pre-existing condition was aggravated by work arising out of or in the course of employment, but only the percentage that is deemed work related. This claim would likely be denied as being 'non-work related.' -McKell S.1/17/21

#connecticut #workerscompensation #injury #seizure

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Question: An installation tech is installing a chemical fume hood in a lab. He decides to take a break for lunch and walk to the food court. While walking to the on-site food court, he notices a spill, assumes it is water and decides to wipe it up without using any PPE. 12 hours later, at home, the employee is experiencing swelling in his throat and ends up staying 2 days overnight for treatment. Is it compensable?. Is it compensable? -Nate B. 1/9/21

Answer: This injury would most likely be compensable. Because the cleaning up of spills could fit within the scope and duty of an installation tech, and because he is on-site, this would most likely result in a compensable claim. (source: https://www.wcirb.com/guide-to-workers-compensation/introduction-wcirb/overview). Additionally, this is an example of a 'mutual benefit' for the employer. You can make the case that the employer benefitted from the action of the employee (wiping up a spill) and therefore the injury would probably be compensable. -McKell S.1/17/21

#california #workerscompensation #injury #labsafety #chemicals

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