So, the man suffered from an accident that caused paraplegia. I’m sure Worker’s Comp covered their loss to the extent allowed by WC. Years later, the man was unfortunately caught in a house fire and suffered smoke inhalation yeilding death several days later. Home owner’s insurance should cover this loss! It really has nothing to do with WC at all as it did not occur while someone was working…what am I missing here?
It’s a case of how far back do you go for causation. The argument that won was: had he not suffered the work injury resulting in paraplegia he would have 1) not been so exposed to the smoke and, 2) would have recovered from it instead of dying. This ruling opens up a lot of exposure to worker’s comp carriers if we decide to trace causation back this far.
If he got caught in a fire in his own home the H.O. insurance policy doesn’t respond. If he was in someone elses home and the fire was caused by the owners negligence there would be some liability coverage.
The work related disability had nothing to do with the fire, ensuing pneumonia, and death. I suppose if he wheeled himself into traffic and was struck by a car that would be compensable too.
The law firm of Gimmie, Gimmie,and Gimmie are behind this move to unlock the WC system’s money bag. I cannot believe that a poor widow would find it worth her time, energy, and trouble to pursue a small amount all the way to the state’s supreme court, but a greedy law firm searching around for a new vein of gold would. Friends in high places (like judges) will help them reach their goal.
We have updated our privacy policy to be more clear and meet the new requirements of the GDPR. By continuing to use our site, you accept our revised Privacy Policy.
So, the man suffered from an accident that caused paraplegia. I’m sure Worker’s Comp covered their loss to the extent allowed by WC. Years later, the man was unfortunately caught in a house fire and suffered smoke inhalation yeilding death several days later. Home owner’s insurance should cover this loss! It really has nothing to do with WC at all as it did not occur while someone was working…what am I missing here?
It’s a case of how far back do you go for causation. The argument that won was: had he not suffered the work injury resulting in paraplegia he would have 1) not been so exposed to the smoke and, 2) would have recovered from it instead of dying. This ruling opens up a lot of exposure to worker’s comp carriers if we decide to trace causation back this far.
If he got caught in a fire in his own home the H.O. insurance policy doesn’t respond. If he was in someone elses home and the fire was caused by the owners negligence there would be some liability coverage.
The work related disability had nothing to do with the fire, ensuing pneumonia, and death. I suppose if he wheeled himself into traffic and was struck by a car that would be compensable too.
The law firm of Gimmie, Gimmie,and Gimmie are behind this move to unlock the WC system’s money bag. I cannot believe that a poor widow would find it worth her time, energy, and trouble to pursue a small amount all the way to the state’s supreme court, but a greedy law firm searching around for a new vein of gold would. Friends in high places (like judges) will help them reach their goal.