Widow to Receive Disability and Death Benefits
The Franklin County Court of Appeals upheld the award of nearly $1 million to the widow of a worker killed on the job as workers’ compensation benefits for nearly 24 years.
The worker, Dhimitraq Taluri, a 63 year old man, was an employee of Cleveland based company, Arberia. He fell from the roof from about 30 feet while doing demolition work in 2011, according to the Appeals court. Arberia, had argued that the permanent partial disability payment awarded by the Ohio Bureau of Workers’ Compensation to the employee’s widow was in excess since Taluri died after a few hours of the accident. The company claimed that the compensation should be for a week only.
The court however dismissed this argument stating that it was irrelevant how many hours Taluri was alive after the fall, and that there was no doubt that he lost use of all the body parts for the brief period of time that he was alive after the fall. Taluri had no control over his body parts, although his death was not instantaneous, according to the court.
Legislature on Compensation
According to Omaha workers’ compensation attorneys, the Appeals Court’s order is justified. As per legislature, no compensation would have been awarded to the widow if Taluri had died instantly after the fall. The court believed that the General Assembly should address the equability of two victims of the same industrial accidents being awarded differently.
Taluri’s widow is receiving the workers’ compensation premium from the state and not from the company, according to the state records, while the state will try to recover the costs from the company. The workers compensation attorney representing Taluri’s widow, Grace Szubski, said that she was pleased with the court ruling, adding that the case was a rare situation and that employers pay into the insurance fund to take a big financial impact such as this.
Judge Denies Benefits to Florida Truck Driver
In another workers compensation case, benefits have been denied to a Florida truck driver. According to court records, long distance truck driver, Alan R. Clark, an employee of Wilmington, Ohio-based R&L Carriers Inc., sustained injuries to his shoulder, neck and low back in two compensable accidents in 2012.
It was later found that Mr. Clark had been treated for similar injuries in the past, and was involved in extensive workers compensation litigation prior to this incident. As per records, it is against the law in Florida to make any fraudulent or misleading oral or written statement for the purpose of securing compensation. Physicians focused only on prior neck and shoulder complaints and did not ask directly about low back problems, according to the argument put forth by Mr. Clark, who argued that the judge’s findings lacked competent substantial evidence, in light of the above.
Mr. Clark’s claim that he did not remember his prior injuries was rejected by the judge at the final hearing and the decision to deny benefits was also upheld by the Florida’s 1st District Court of Appeal in Tallahassee.