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	<title>Comments on: Miner killed in cave-in; company fights family&#8217;s workers&#8217; comp claim</title>
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	<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/</link>
	<description>The worst mistakes, catastrophes, and near-misses</description>
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		<title>By: NRich</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4645</link>
		<dc:creator>NRich</dc:creator>
		<pubDate>Mon, 20 Oct 2008 23:37:55 +0000</pubDate>
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		<description>Gotcha&#039;s are the best ! We paid out $373,000. plus lifetime medical for what was determined to be cumulative trauma for a &#039;flair up&#039; 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.</description>
		<content:encoded><![CDATA[<p>Gotcha&#8217;s are the best ! We paid out $373,000. plus lifetime medical for what was determined to be cumulative trauma for a &#8216;flair up&#8217; 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 &#8211; pay your responsiblity and maybe the work comp boards will be kinder on those that truly try to follow the rules.</p>
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		<title>By: Tim</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4355</link>
		<dc:creator>Tim</dc:creator>
		<pubDate>Tue, 14 Oct 2008 06:52:16 +0000</pubDate>
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		<description>I agree with Connie.  A copy of his tax returns seems as though it would clear the whole matter up.</description>
		<content:encoded><![CDATA[<p>I agree with Connie.  A copy of his tax returns seems as though it would clear the whole matter up.</p>
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		<title>By: Connie</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4332</link>
		<dc:creator>Connie</dc:creator>
		<pubDate>Mon, 13 Oct 2008 19:23:37 +0000</pubDate>
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		<description>Wouldn&#039;t  a person who supposedly is supporting someone have filed taxes claiming these exemptions?</description>
		<content:encoded><![CDATA[<p>Wouldn&#8217;t  a person who supposedly is supporting someone have filed taxes claiming these exemptions?</p>
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		<title>By: P Johnson</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4330</link>
		<dc:creator>P Johnson</dc:creator>
		<pubDate>Mon, 13 Oct 2008 17:43:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.hrblunders.com/?p=382#comment-4330</guid>
		<description>Why can&#039;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.</description>
		<content:encoded><![CDATA[<p>Why can&#8217;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.</p>
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		<title>By: Deb</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4209</link>
		<dc:creator>Deb</dc:creator>
		<pubDate>Fri, 10 Oct 2008 21:00:15 +0000</pubDate>
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		<description>Heck, in California, workers comp will pay out $172,800 for a splinter in a finger.</description>
		<content:encoded><![CDATA[<p>Heck, in California, workers comp will pay out $172,800 for a splinter in a finger.</p>
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		<title>By: Eric</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4208</link>
		<dc:creator>Eric</dc:creator>
		<pubDate>Fri, 10 Oct 2008 20:42:13 +0000</pubDate>
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		<description>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&#039;t try to change the fundamentals of the program case by case.</description>
		<content:encoded><![CDATA[<p>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&#8217;t try to change the fundamentals of the program case by case.</p>
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		<title>By: Ann</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4134</link>
		<dc:creator>Ann</dc:creator>
		<pubDate>Fri, 10 Oct 2008 15:37:18 +0000</pubDate>
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		<description>Whoops - I meant $480 a month for 6 years, not sixth months!</description>
		<content:encoded><![CDATA[<p>Whoops &#8211; I meant $480 a month for 6 years, not sixth months!</p>
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		<title>By: Ann</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4132</link>
		<dc:creator>Ann</dc:creator>
		<pubDate>Fri, 10 Oct 2008 15:36:15 +0000</pubDate>
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		<description>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.</description>
		<content:encoded><![CDATA[<p>Hmm&#8230; $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.</p>
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		<title>By: Larry</title>
		<link>http://www.hrblunders.com/mining-company-in-cave-in-fights-workers-comp-claim/comment-page-1/#comment-4109</link>
		<dc:creator>Larry</dc:creator>
		<pubDate>Fri, 10 Oct 2008 14:45:23 +0000</pubDate>
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		<description>Doesn&#039;t matter.  WC has exclusive remedy and it&#039;s spelled out in the state law for compensation.  They should get no more than that amount.</description>
		<content:encoded><![CDATA[<p>Doesn&#8217;t matter.  WC has exclusive remedy and it&#8217;s spelled out in the state law for compensation.  They should get no more than that amount.</p>
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