The News You Need for June 8
It's always a good time to be aware of dog bite safety, and what happened when a New York worker didn't reveal previous bang ups.
Employee Attacked by Dog Waiting ‘Rescue’
Los Angeles, CA (WorkersCompensation.com ) – A Los Angeles animal shelter worker was attacked by a dog at work said she never wants to return to work.??
Leslie Corea, a kennel supervisor at Harbor Animal Shelter, was badly mauled by a dog at the San Pedro shelter on May 29. Corea said she was getting the dog out of its kennel to show it to a rescue group and it “flipped out” and attacked her.??
“She went immediately for my leg and started fighting me like crazy. And I'm screaming bloody murder," Corea told NBC Los Angeles. "She jumped up and grabbed my chest near my left breast. I went to shut the door. And I fell, and she came the door didn't completely shut, and she came charging at me again, grabbed onto my left leg, punctured that, and then she went back to my right leg, my thigh, my thigh is – half of its gone."?
So far, Corea has undergone three surgeries at Harbor UCLA-Medical Center, officials said.??
L.A. Animal Services spokeswoman Megan Ignacio confirmed the attack.??
“L.A. Animal Services staff and volunteers are devastated by the injuries to our co-worker and friend. L.A. Animal Services has already launched an investigation into this incident,” Ignacio said in a statement.?
One volunteer, speaking on the condition of anonymity to NBC Los Angeles for fear of losing their job, said Brie, the 68-pound dog who attacked Corea, had been placed on the “Red Alert List” on May 9, had exhibited signs of fear, anxiety and stress. Brie was set to be euthanized on May 31.??
“They put dogs on the red list for any little thing. We’ve had perfectly fine dogs, dog-friendly, people-friendly and they get red listed," the volunteer said. "And then, you have these dogs who are aggressive who attacked other dogs, and they’re red listed."?
The volunteer said there is no clear explanation from L.A. Animal Service on how to handle red listed dogs.??
“Everybody cares about Leslie, and it shouldn’t have happened. It should not have happened. I think a lot of volunteers will think twice now before taking out dogs showing those symptoms,” the volunteer said. The volunteer said the attack was preventable. The shelter is understaffed and there was no one nearby to hear Corea’s screams, they said.??
“Talked about maybe getting panic buttons or something like that," the volunteer said. "(Or) the city give everyone a whistle, but a whistle is not going to cut it if you are being attacked by a dog."?
The volunteer said the attack puts a spotlight on the ongoing overcrowding crisis at the shelter.??
“It does affect the dogs when they are caged like that, without getting walks, or exercise or any stimulation or any human contact," the volunteer said. "It’s not natural for them to live like that. It's inhumane."?
Volunteer are hopeful that LA Animal Services will give volunteers and staff more guidance and safety measures, and address the lack of resources and staffing at the shelter to ensure another attack doesn’t happen.??
In an email to the public on the day of the attack, the city’s animal shelter are in crisis because of a lack of space and an influx of animals. Without mentioning the attack, the email encouraged the public to adopt and foster more dogs.??
Animal Services Department General Manager Staycee Dains said in the email that “the crisis has put staff, volunteers and animals in harm’s way and we will continue to prioritize making this system safer for all involved.”?
According to the email, the department has the capacity for about 800 dogs at a time, but that the shelter has more than 1,500 dogs and nearly 50 dogs enter the shelters each day. According to the department, conditions are leading to more euthanizations. More than 100 dogs were killed in April, a 44 percent increase over the same time last year, the email said.??
“These are animals that, if given the right home or rescue, could be rewarding companions, but who may need specific expertise to thrive, or who need a patient, caring, and invested home to take them right away,” Ignacio said in an email last month.?
And on May 30, City Councilmember Eunesses Hernadez, who chairs a committee overseeing animal issues, expressed frustration over budget issues when it comes to the animal shelter. Hernandez said in a statement she was devastated over the incident.??
“The state of the city’s animal shelters remains completely unacceptable,” Hernandez said. “It is urgent that we take immediate steps to address the crisis in our shelters to protect the safety and wellbeing of both the animals in our care and their caretakers.”?
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What Do You Think: Did Not Mentioning Prior Accidents Put Brakes on Truck Driver’s Claim?
Chris Parker
West Babylon, NY (WorkersCompensation.com ) – An employer in New York may be able to avoid a workers’ compensation claim if it can establish that the employee made false statements in order to obtain benefits. One case indicates what it might take to overcome a workers’ compensation board’s decision that the employee did not make false statements.
In that case, a truck driver filed a claim for workers' compensation benefits alleging that he was injured in April 2021 while loading a truck. His leg went through the floor of the truck, injuring his neck, back, and wrist.
On his C-3 form, the driver said he received prior injuries to the same areas, but he could not recall the details. He told the doctor who examined him right after the accident that he had been involved in vehicular accidents in the past but that all the injuries had resolved with conservative treatment.?
The driver also told an independent medical examiner that he was involved in a 2017 accident resulting in an upper back injury that quickly resolved with physical therapy.?
Both doctors asked him about prior accidents resulting in injuries for which he received medical treatment. He didn’t mention two other accidents he was involved in–one in 2005 and one in 2018.
Video surveillance showed the employee at work when, following the 2021 accident, he went in for one day to supervise a delivery.
The carrier opposed the claim on the basis that the driver violated Workers' Compensation Law § 114-a by failing to disclose the prior accidents. The board found no violation.
On appeal, the court explained that a claimant who, for the purpose of obtaining workers' compensation benefits or influencing any determination relative thereto, knowingly makes a false statement or representation as to a material fact shall be disqualified from receiving any compensation directly attributable to such false statement or representation.
Did the driver’s omissions amount to a false statement of material fact?
A.?No. He didn’t knowingly make a false statement, given his belief, which the board accepted, that the prior accidents were irrelevant.
B. Yes.?The fact that he went into work after the accident indicated he was misrepresenting the extent of his injuries.
If you selected A, you agreed with the court in Brown v. Van Liner Ins. Co., No. CV-22-2103 (N.Y. App. Div. 05/30/24), which declined to reverse the board’s credibility determination.
The court pointed out that though the exact nature of the prior accidents was “amorphous” at times, the driver disclosed his 2017 accident on the C-3 form and mentioned it to both doctors. While he failed to mention two other accidents, those accidents did not result in pertinent, lasting injuries, according to the driver.
“Claimant explained that he did not mention these other two accidents … because he was asked only about prior injuries for which he received medical treatment and/or whether he had sustained prior injuries to the current sites of injury, which he had not,” the court wrote.
Further, while the driver went to work one day after the injuries, he merely observed and oversaw a delivery, as confirmed by the video surveillance.
Stating that it was not its role to second-guess the board’s credibility decision, the court affirmed the board’s ruling.