Wednesday, July 29, 2015

Administrative Law Judge Awards Death Benefits to Widow of Oil Field Worker


(An oil field in northern Colorado. Photo credit: freakoutnation.com)

Administrative Law Judge Peter Cannici found that oil field worker Jim Freemyer's death was a result insufficient safety protocols, leading Freemyer to inhale hydrocarbon gases in a low oxygen environment. Cannici ordered Freemyer's employer's insurance company to pay his widow almost $530 for the rest of her life.

The case centered around Freemyer's poor health and safety precautions for "tank gauging," which involves determining various levels of gases in oil tanks. Nine tank gauging deaths have been reported in the last five years, prompting the Center for Disease Control to issue a warning this past April addressing the issue.

Pinnacol Assurance, the insurance company for Freemyer's employer, attempted to argue that Freemyer's Type II diabetes and heart complications were the cause of his death. Judge Cannici was not persuaded, writing "[Freemyer's] job duties and work environment aggravated, accelerated, or combined with his pre-existing coronary artery disease to cause his death on July 14, 2014." 

The immediate effect of the ruling remains unclear, but changes in oil field safety protocol are likely. The attorney for the Freemyer family, Brett Busch, noted that the decision may actually result in fewer claims because the gas industry will adapt to changing social and political viewpoints regarding workplace safety.

"I think the big picture here is not whether more claims will be brought, but hopefully less claims will exist because of better safety protocol." Busch opined.

If you are injured in the workplace, you need to speak with an experienced worker's compensation attorney. Call The Law Offices of Robert Paysinger, P.C. today at (303) 279-0221 for a free initial consultation. We help injured people - it's all we do!


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