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Workers' Compensation

MO: 50% Safety Penalty to All Compensation for Climbing Ladder Improperly

The Commission affirmed a 2-1 award imposing a 50% safety penalty for a safety foreman who intentionally carried a 100-pound bag on a 40 foot ladder contrary to a company safety rule to require three-point contact while using a ladder. The claimant argued he didn't have the equipment to move the felt on the roof.  The claimant worked as a roofer for 30 years, but became unemployable following a back surgery, development of complex regional pain syndrome, and constant pain that required narcotics and an unpredictable need to lie down.  A dissenting commissioner disputed any application of the penalty when the employer did not produce evidence how it disciplined employees for any similar previous violations.

Dennis Carver v. Delta Innovative Services, Inc.,  DOLIR 7-22-11.

Source: Martin Klug, Huck, Howe & Tobin. Read Martin Klug's Mo. Workers' Comp Alerts.

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