Injured worker struck by a car leaving doctor's office??? (C

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Injured worker struck by a car leaving doctor's office??? (C

Postby chirogeek on Thu Apr 23, 2009 12:54 pm

Hi all,

IW was leaving an industrial medical clinic after tx for industrial an industrial injury and struck by a car. The doctor's office parking lot was connected to Target's parking lot, which was where the impact occurred. Now new body parts are injured. Is this new MVA vs. IW accident work related?
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Re: Injured worker struck by a car leaving doctor's office??? (C

Postby jpod on Thu Apr 23, 2009 1:47 pm

Depending on the specific facts this could be consider a compensable consequence. But it is highly fact dependant on whether the employee was on their way home, or had deviated from that course when the accdent occurred.

For comp purposes it is part of the comp claim for which the employee was engaged in obtaining tretament.

But for other type claims (civil claims which arise out of the MVA) are new claims and can be the subject of tort claims against the owners of the property where the accident occurred, as well as the owner and driver of the car that was involved in the accident.

The patient has casues of action available and the comp carrier has subrogation rights for the new body parts injured by the negligence of the driver of the car and if supported by the facts against the owners of the parking lots (you mentioned there are two lots that connect). Obviosuly there would have to be some sort of design flaw, or lack of adequate signage to bring in the whoever owns and maintains control of the parking lots.
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Re: Injured worker struck by a car leaving doctor's office??? (C

Postby art... on Thu Apr 23, 2009 4:12 pm

Kinda' ironic it was a "Target" lot.

Was IW parked in Target or clinic lot? If Target lot was it because clinic lot was full/unavailable or because IW was going to Target post tx? If going to Target was it to fill WC Rx from clinic or for personal reasons unrelated to comp?

Was IW heavily medicated and/or gait impaired? Forced to take this specific route due to design/layout issues or ambulating normally? Did they just inadvertently wander into normal traffic pattern? Was driver distracted, speeding or otherwise negligent? Would drivers cell phone records show their phone in use at time of accident? Was IW alone or accompanied/being helped by associate?

Sort out all the ugly details and establish the facts and you'll have taken the first steps towards fingering liability. The answer is highly fact dependent. Here's hoping there were independent and credible witnesses who can help nail down the specifics w/o endless legal machinations running up the bill until even Larry H. Parker can't keep a straight face... Like when Willie Shoemaker got $1 million from Ford after he, with twice the legal limit of alcohol coursing in his bloodstream, drove his vehicle off the road and then blamed the automaker for his injuries.

Heck, even math majors know not to drink and derive.
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Re: Injured worker struck by a car leaving doctor's office??? (C

Postby jpod on Fri Apr 24, 2009 7:52 am

Art, it sounds like you are gearing up to take a depo!!
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Re: Injured worker struck by a car leaving doctor's office??? (C

Postby steelmanlaw on Fri Apr 24, 2009 12:09 pm

assuming your facts to be not in dispute, it's not a new MVA, it's the only MVA. the injury is a compensable consequence of the WC injury for which applicant was being treated under the Rodgers/Carter theory. the employee probably has a PI/negligence claim (and probably needs more treatment) against the driver, Target, and property owner. (and lastly against you for negligently operating your medical offices next to a Target; just kidding.) WC employer probably has a subrogation interest either as intervenor or lien claimant.

so, where's the problem?
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