Sunday,
August 3, 2008
My
First Book Review-"Depraved Indifference"
Usually
a book reviewer reads a book
before reviewing it. I only finished reading two chapters of "Depraved
Indifference" by
Patrice Woeppel (IUnverse 2008)to know that this
book MUST be read by anyone who is empowered by the citizens of any
state to
vote on amendments to the state's workers' compensation laws, or anyone
who has
the power to enforce the laws that already exist. Criminal prosecutors
should
also read this book to learn that the crime of homicide doesn't just
take place
in the hood during drug deals.
"Depraved
Indifference" by
Patrice Woeppel (IUnverse 2008) is a well
researched look at the failure of workers' compensation laws to deliver
the
promise of fast, sure and adequate benefits based upon a no fault
approach to
compensating on-the-job injury and death. The author makes the case
that
miniscule benefits, the ability to starve out injured workers and their
families, the lack of official oversight, the lack of meaningful
penalties for
violations and the lack of any criminal prosecution of employers for
criminal
acts of "depraved indifference" to human life, make for an unsafe
workplace for millions of Americans. The numbers are staggering. It is
an
epidemic of death and economic destruction in the American workplace,
unchecked
by trial by jury to bring wrongdoers to the bar of justice. If a
workers'
compensation type scheme was put in place 100 years ago to compensate
victims
of products liability, we'd still be driving Pinto's and painting our
baby
carriages with lead. Our schools would be insulated with asbestos and
childrens
PJ's would still be highly flammable.
After Chapter 2, you have to stop reading for a bit, as I did. There is
no way
you can to Publix Supermarkets to pick up food for dinner. You won't
want to
eat dinner! If you read after dinner, you will just want to throw up.
Maybe you
will shop at Winn Dixie when your appetite returns. Why not Publix?
Read the
book. The title says it all. There is just no incentive built in to the
workers' compensation scheme to make the workplace safer. The author
calls for
the return of the jury system. I agree.
When I feel well enough to finish reading, I'll post more thoughts
here. Then
I'll send my copy to Governor Crist. I urge all who read this posting
to read
the book (in softcover, about $19.95) and pass it along to one of your
elected
representatives, with a short note that says, "Fix this mess, now!"
Posted
by Mark Zientz at 8/03/2008
06:06:00 PM 0
comments 
Wednesday,
June 25, 2008
I
can't believe the last time I
posted was April! Time does fly when you are enjoying yourself. It
seems I see
something new every day.
It was 5:00 AM Christmas day 2007. My client, I will call her 'Katy',
was just
finishing up her midnight - 8AM shift at her employer's place of
business (one
of those 24-hours/365-days per year establishments). She was working
alone, as
usual. There were only a few customers in the 'back', watching films
not made
for PG audiences, when a man entered the store. There was no security.
The
emergency security button was broken. The man robbed Katy at gunpoint,
took her
personal property and the employers cash receipts. He then proceeded to
do to
her what the customers were watching in the back room. She was raped;
but not
physically 'injured'. Touched; but not broken.
The man took off. Katy used one of the customers cell phones to call
911. She
was taken to the county hospital (Jackson Memorial) for a rape kit and
referred
to a psychologist for counseling.
Katy was contacted by the compensation servicing agent for her
employer. She
was told that they would not refer her to a psychiatrist unless she had
a
personal doctor who would say she was physically injured. It is nearly
6 months
later and Katy has not returned to work. She has not received any
indemnity
benefits and the servicing agent is taking the position that she
voluntarily
quit on the day of the incident. She is also now pregnant by her
boyfriend,
having stopped her use of birth control at the suggestion of the Rape
Center (I
have no idea why she was told to do this. Maybe somebody reading this
can let
me in on this protocol).
In their response to the recently filed Petition for Benefits, the
servicing
agent took the position that the event of 12/25/2007 was 'compensable'
but no
medical or indemnity benefits were owed. More to come as the case
progresses...
Posted
by Mark Zientz at 6/25/2008
10:06:00 AM