Miner killed in cave-in; company fights family’s workers’ comp claim
October 9, 2008 by Fred HosierPosted in: Here comes the judge, In this week's e-newsletter, Latest News & Views
The owner of the Crandall Canyon mine in Utah where six miners were killed last year in a cave-in is disputing a workers’ comp claim by the family of one of the victims.
The parents of Juan Carlos Payan want full benefits of $2,400 a month for six years — a total of $172,800. That’s five times the amount offered by the mine’s owner, Genwal Resources, Inc., and Rockwood Casualty Insurance Co.
Payan’s family says the miner was supporting his disabled father, mother and two young sisters in Mexico.
The companies have argued that Payan had two siblings who were also working in Utah and helping support the family.
A judge is expected to rule later this fall.
An attorney for the mining and insurance companies says Payan was only responsible for about a third of the money sent to the family in Mexico over several years, with the rest sent by his brother and sister.
The family’s attorney argued no records or witnesses can deny the family’s contention that Payan alone was supporting his parents and young sisters.
Tags: claim, family, workers' comp
October 10th, 2008 at 10:45 am
Doesn’t matter. WC has exclusive remedy and it’s spelled out in the state law for compensation. They should get no more than that amount.
October 10th, 2008 at 11:36 am
Hmm… $172,800 for a human life? I would have trouble disputing that from a moral angle. What the company offered, a fifth of that ($480 a month for sixth months) is shameful, in my opinion. Most of us would have trouble supporting just one person on that amount of money.
October 10th, 2008 at 11:37 am
Whoops - I meant $480 a month for 6 years, not sixth months!
October 10th, 2008 at 4:42 pm
Larry is right. We cannot start stepping outside comp law because of circumstances or sympathy, or the entire system falls apart. He is entitled to statutory benefits, period. If Utah has intentional tort provisions that are outside the exclusive remedy, the family can use them to try and get additional compensation. If there is enough of an outcry, then try and get the system changed but don’t try to change the fundamentals of the program case by case.
October 10th, 2008 at 5:00 pm
Heck, in California, workers comp will pay out $172,800 for a splinter in a finger.
October 13th, 2008 at 1:43 pm
Why can’t his family members support themselves? We, US citizens, support ourselves. They need to get their own jobs and not rely on someone else. I hope they lose their case.
October 13th, 2008 at 3:23 pm
Wouldn’t a person who supposedly is supporting someone have filed taxes claiming these exemptions?
October 14th, 2008 at 2:52 am
I agree with Connie. A copy of his tax returns seems as though it would clear the whole matter up.
October 20th, 2008 at 7:37 pm
Gotcha’s are the best ! We paid out $373,000. plus lifetime medical for what was determined to be cumulative trauma for a ‘flair up’ of an injury originally from an auto accident 5 years prior to employee working for our company. To top it all off, the workers comp claim was reported 3 years AFTER he voluntarily terminated his employment with the company. So for those at FAULT in injury or death of employee - pay your responsiblity and maybe the work comp boards will be kinder on those that truly try to follow the rules.