Veritas acquisition: Aptim, inhumane working conditions
Veritas Capital is a New York-based private-equity firm founded in 1992 that invests in companies that provide critical products and services, primarily technology-enabled products and services, to government and commercial customers worldwide. The firm’s first fund closed in 1998. They closed a seventh fund in 2019, Veritas has approximately $10.2 billion of assets under management. Veritas is led by Ramzi Musallam, the firm’s Chief Executive Officer and Managing Partner.
By 2019 Veritas' portfolio included APTIM Corp
PE-owned CB&I capital services business rebrands to APTIM ...
Jul 05, 2017 · CB&I ’s capital services unit, which is owned by Veritas Capital, has rebranded to APTIM.
Veritas Capital Rebrands Former CB&I Capital Services Business as APTIM and Names Gary Baughman CEO
NEW YORK--(BUSINESS WIRE)--Veritas Capital, a leading private equity firm, today announced the rebranding of its recently acquired portfolio company, CB&I’s Capital Services business, to APTIM. The company is a global provider of asset-related services to the power, industrial, oil and gas, commercial and government markets.
About Veritas Capital
Veritas Capital is a leading private equity firm that invests in companies that provide critical products and services, primarily technology and technology-enabled solutions, to government and commercial customers worldwide, including those operating in the aerospace & defense, healthcare, technology, national security, communications, energy, and education industries. Veritas seeks to create value by strategically transforming the companies in which it invests through organic and inorganic means. For more information on Veritas Capital and its current and past investments, visit www.veritascapital.com.
APTIM - All the Bad from CB&I rolled over to APTIM | Glassdoor
I was hired on 5-20-20 as a Pipefitter, Throughout my employment I have only done structural work, erecting structural supports for pipe, or bolt up for "Lined Pipe".
I was later "loaned out" to the "Laydown yard" where I performed "General labor" as the Laydown yard was totally disorganized and could not supply the needed and requested pipe supports and Lined pipe fittings and piping asked for by my unit "E" Rack
on July 27th, I was on a bus being transported to the lunch tent to await a "Rainout"
The bus with 10 passengers on board was struck by the bus behind us as it traveled at about 10 miles per hour, myself and several others were knocked forward, as our bus driver ad his foot on the brakes and the other bus hit us repeatedly about 4 times and I fell to my knees.
I stood up, looked round and saw the back window of the bus with the mirror of the other bus sticking through.
I Immediately notified Casey of safety via text message.
everyone was subsequently sent home for two days for a pending storm and was instructed to return to work after the storm had passed. Upon our return to work no statements were taken, and to this date, no one has interviewed me or taken me to a doctor to be examined, concerning the bus wreck, in violation of OSHA standards Industry norms or company policy.
While employed as a Pipefitter but working as a General Laborer:
now to fully grasp the weight of the fittings below, its imperative that you understand these weights are in Metric, ad must be multiplied by 2.20462262pounds for every Kilogram
then there is the structural steel support side....
Juan Gaspard
Marrital Status: Single
Nccer+ Certified # 1482089
OSHA30 Certified #36-602016759
MENSA Certified #100409311
TWIC card Yes
craft validations NCCER+ pipe and rigger (1482089) and Aptim craft valdation prehire (100)
OSHA10
OSHA30
CSST/OSHA100 (NCCER/BRCC)
My name is Juan Gaspard, I am 54, have 30 years experience working different aspects of Pipefitting, From offshore, Maintenance and New construction.
I am Craft validated with numerous companies as well as NCCER, I scored a 100 on Aptims pre-hire craft validation test.
I currently hold Certifications as a Construction Site Safety Tech, (CSST) Construction Site Safety Supervisor(CSSO).
I am also a Lifelong Member of Mensa, An Actor https://www.imdb.com/name/nm6140184/ and a Human Being.
according to the "Humane Society" for animals:
Provide ample shade and water Any time your pet is outside, make sure they have protection from heat and sun and plenty of fresh, cold water. In heat waves, add ice to water when possible. Tree shade and tarps are ideal because they don't obstruct air flow. A doghouse does not provide relief from heat—in fact, it makes it worse.
https://www.humanesociety.org/resources/keep-pets-safe-heat
even pets are afforded protection with applicable laws.
Louisiana State Animal Laws
RS 14:102. - 102.17
(4) "Proper water" means providing each animal with daily water of sufficient quality and quantity to prevent unnecessary or unjustifiable suffering by the animal.
102. Definitions; cruelty to animals
(c) Having charge, custody, or possession of any animal, either as owner or otherwise, unjustifiably fails to provide it with proper food, proper drink, proper shelter, or proper veterinary care.
https://www.lacainfo.com/resources/state-animal-laws
Furthermore, OSHA law 1926.51 provides that drinking water shall be made available, in the work area.
1926.51 - Sanitation.
1926.51(a)(1) Potable water.
An adequate supply of potable water shall be provided in all places of employment.
https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.51
When the air temperature is close to or warmer than normal body temperature, cooling of the body becomes more difficult. Blood circulated to the skin cannot lose its heat. Sweating then becomes the main way the body cools off. But sweating is effective only if the humidity level is low enough to allow evaporation, and if the fluids and salts that are lost are adequately replaced.
Overview: Working in Outdoor and Indoor Heat Environments
Millions of U.S. workers are exposed to heat in their workplaces. Although illness from exposure to heat is preventable, every year, thousands become sick from occupational heat exposure, and some cases are fatal. Most outdoor fatalities, 50% to 70%, occur in the first few days of working in warm or hot environments because the body needs to build a tolerance to the heat gradually over time. The process of building tolerance is called heat acclimatization. Lack of acclimatization represents a major risk factor for fatal outcomes.
Occupational risk factors for heat illness include heavy physical activity, warm or hot environmental conditions, lack of acclimatization, and wearing clothing that holds in body heat. (See also, personal risk factors, below.)
Hazardous heat exposure can occur indoors or outdoors, and can occur during any season if the conditions are right, not only during heat waves. The following is a list of some industries where workers have suffered heat-related illnesses.
https://www.osha.gov/SLTC/heatstress/
About Work/Rest Schedules
Rather than being exposed to heat for extended periods of time during the course of a job, workers should, wherever possible, be permitted to distribute the workload evenly over the day and incorporate work/rest cycles. Work/rest cycles give the body an opportunity to get rid of excess heat, slow down the production of internal body heat, slow down the heart rate, and provide greater blood flow to the skin.
For the best protection from heat-related illness, workers should spend the rest periods of the cycle in a cool place, for example in a lightly air conditioned room, trailer or vehicle, or if one is not available, then in full shade.
Rest periods do not necessarily mean that the workers are on break; these can be productive times. During the rest periods, workers may continue to perform mild or light work, such as completing paperwork, sorting small parts, attending a meeting, or receiving training (e.g., instructions for upcoming work, or a tailgate safety talk).
Have a knowledgeable person at the worksite that is well-informed about heat-related illness and able to modify work activities and the work/rest schedule as needed. When evaluating an appropriate work/rest schedule:
Shorten work periods and increase rest periods:
As temperature rises
As humidity increases
When sun gets stronger
When there is no air movement
When protective clothing or gear is worn
For heavier work
Choosing Shaded Rest Areas:
When an air conditioned space is not available, choose or create rest areas with as many of the following beneficial characteristics as possible:
In full (complete) shade.
Where surfaces are not warm from earlier sun (e.g., north-facing wall).
Opened to cooling breezes, but protect workers if breezes feel uncomfortably hot, which can increase risk of heat illness.
Free of other hazards (e.g., moving traffic, excessive noise, falling objects).
With sufficient space for the number of workers needing rest breaks at one time.
Near a supply of cool drinking water.
Equipped for workers to do productive light work while their bodies cool.
Heat Index Risk Level Protective Measures
Less than 91°F Lower (Caution) Basic heat safety and planning
91°F to 103°F Moderate Implement precautions and heighten awareness
103°F to 115°F High Additional precautions to protect workers
Greater than 115°F Very High to Extreme Triggers even more aggressive protective measures
https://www.osha.gov/SLTC/heatillness/heat_index/work_rest_schedules.html
we pipefitters in the laydown yard have been working 10 hour days in temperatures of up to 107 Degrees (Heat index) (103-107) with very limited access to water, and absolutely no shade whatsoever, for over 3 weeks now
I am still on "JP" time sheet but currently assigned to duties at the Laydown yard, I am still under his "Charge" or responsibility and have been close to "Falling out" numerous times, He is well aware of the lack of water and shade as he makes numerous trips to the laydown yard to attain supports and pipe daily.
JP has never brought me any water, or provided shade, insists that I work on a schedule of breaks at 8:30 and 2:30 and lunch from 11:30 to twelve and even if he workers who have the lists of materials are not present, it is my duty to him, JP and Aptim to go out and stand in the DIRECT Sun and risk my safety, Health, and life to be devoted to his agenda.
on 8-14-2020 the Heat index reached 107 degrees, it’s impossible to cool down with only water and completely unethical as well as immoral to expect anyone, a Human or an animal to go and just stand in the direct sunlight for no reason.
I take lunch at the cooldown station every day, I have a propensity to create Kidney stones (Uric acid type) when I sweat too much and dont hydrate enough, I experienced this once already this year back on June 14th, and am trying my best not to have another one. Friday 8-14, we worked until 11:28 to finish a package, and then walked to our chosen lunch areas me the cool down station, NOT an air conditioned Lunch room, to better mitigate my heat illness management skills, Individually, or professionally as a CSST certified safety man.
I ate, laid down on a bench seat at 11:45, at 1200 I heard a buggy go by, I later found out JP said he saw me laying down at 12:00and felt my phone alarm buzz in my pocket. I sat up and started looking for my coworkers to exit the lay down yard administrative area.... Nothing 10 minutes goes by, Nothing, so I decided to check the radar to see if rain was nearing, as maybe that would explain their absence at about the time my phone decided to work, J.P pulls up, (12:15) and starts giving me this How dare you look, I grabbed my lunch bag and exited the cool down station to a tirade of questions aimed at why was I still in the cool down station, IN SPITE of this COMPANY representative, KNOWINGLY disregarding all SAFETY PROTOCOLS, COMPANY AS WELL AS OSHA, he began berating me and terrorizing me about being in the cool down station past 12 pm, insinuating I was still at lunch.
NOW, bear in mind, this guy has a fan in his print shack IN THE SHADE, so I take the butt chewing and walk off, after he threatens me that "You won’t be here much longer" "I am gonna fix this TODAY”, as he pointed his finger at the Ground.
I walk across the laydown yard in the searing heat, (107 heat index) and as I get about 1/3 of the way, I tell my other assigned worker from E rack Logan Smith what happened, and he replies, “JP looked straight at me laying down in the laydown yard lunch shack on my phone and never said a word to me”.
I shake my head and stumble across the yard half beaten by shame and humility, beaten down the rest of the way by the heat of the sun.
I make it across the yard, and get ready to cross the walkway by the ditch at the laydown yard office, still looking for Nick , the laydown yard representative I was working for and Dave and JP pulls up with Mark S, Our Superintendent, and again launches a tirade of face grimacing and hostile questioning insinuating I said it was ok to take a 45 minute lunch, I interjected, “Vehemently”, fearing imminent termination, “I never said I deserved a 45 minute lunch, or that it was ok to take a 45 minute lunch, I was not at lunch, but waiting for my coworkers with the list of Materials”, He accused me of lying and making excuses, And again told me “You’re not going to be here much longer”
I pled my case that there is no shade, he just sneered and said I dont care, You don't belong in the cool down station taking a 45 minute lunch, somehow insisting my sitting in an open air fan was some sort of luxury.
I insisted that at 12:25 I was still looking for my coworkers, to no avail.
He furthermore threatened me with the exact words of "You won't be here much longer" "I don't think you want to be here"
after pleading my case with this barbaric and insulting man, accusing me of lying (I am a Christian, and believe in holding my relationship with God higher than a Man’s approval) I conceded, I said “ok, You got it, if you want me to go out and just stand in the Sun at 12 noon and wait for people with paperwork to get here a 1/2 an hour later, You got it”, I stuck my hand out as a sign of agreement and a show of sealing my word with a Handshake, and he replied," I’m not gonna shake your hand, glaring at me full of contempt, “one more time and you are out of here" while pointing his finger at me menacingly with a growly look on his face
I later found out one coworker was at the office getting papers for insurance, and the other Nick Forrest, was getting more paperwork, For more packages so we could have work to do.
Imagine that
According to JP I am supposed to spend that 1/2 hour standing in the sun, cooking and overheating.
Aptim relies on me to execute thoughtful and planed out work ethics that guarantee the mitigation of all risks, into the lowest acceptable risk of work conditions, even implementing the “stop work plan”
we find everything they ask for, quickly, putting achievement above comfort, and I do so for my loyalty and devotion to Mark S.
I actually dread seeing JP come around in his cart, he is always so bitter and full of vile contempt, I would be sufficiently surprised to find out the man even believes in God
My face is sunburnt, my neck has blisters on it, I will include the pictures, and thats still not enough for JP.
We are being worked in unsafe conditions, and these are all leading indicators of what is coming, should we fail to act responsibly, of which JP has TOTALLY disregarded any semblance of care, or safety and leaning towards neglect
Prior to going to H.R. I spoke with Safety, about my concerns, Greg and Jamie both agreed with my complaints, and encouraged me to go forward
I am on time, EVERYDAY, sometimes early, very early a half hour or so. I have never said Good Morning to JP and had him reply Good Morning.
I have left work early only twice in 3 months, once after the Kidney stone and was instructed by the doctor to take a few days off, and once to go sign my CSST papers.
I am a fully functional person, I am not a robot or Jesus, I am imperfect at times, But hold myself to a Higher degree of Scrutiny, based on 30 years of professional pipefitting, I have attained the title of Master Fabricator, does that mean I won’t make mistakes, no, it means I know how to fix them though.
something has to be done, to correct the situation JP is creating, or Aptim, will be held accountable, through the safety records, Heat illness does not only cause Heat stress, exhaustion, It also contributes exponentially to poor judgement, fatigue, bad decisions, that lead to other injuries, and Incidents.
For reference, just note the pattern of incidents and injuries at the current job location. Cross reference the heat , time of day and the incidents
I hold Mark S. in the highest of regards, and this is my first job working for him, it’s not like we are lifelong buddies, but you’d never know that by seeing us interact.
I extended my hand in friendly agreement to JP, and he looked like he wanted to spit on me, and point blank told me, I'm not shaking your hand, How childish, How unprofessional, even after I agreed to go and stand in the sun, unsafely like an Imbecile.
I can simply raise awareness of the issues at hand, It’s up to people higher than me to correct the safety and professional issues. My Sensible work ethic as a NCCER certified Construction Site Safety Technician, doesn’t count with JP, My safe management of a potential unsafe condition, was disregarded by JP, My “stop work authority” was overruled by JP.
Mark S. is a Leader, who I give my loyalty, JP despises that as a Dictator who demands my loyalty to his own personal agenda, disregarding all established safety protocols, If he did not hire you in.
on 9-9-20 I suffered an Injury, Namely a Herniated disc at C-4, I was taken to safety in a fetal position in the back seat of my Superintendents truck, Crying in pain, Praying to God for some relief, While in the safety office I was asked by Josh about my previous accident in 2006, of which I spoke about frequently at Safety meetings to encourage safe driving to and from work I replied, I have never felt a pain like this, EVER.
Josh then instructed me to do a figure 8 exercise, adding his dad had two surgeries and when his neck hurts he does these, I reluctantly did as instructed, and asked Josh what kind of surgeries his dad had, and he did not reply.
My neck felt "Better" and I was instructed to return to work, but to take it easy, fearing retaliation if I didnt do so, I reluctantly returned to work but didnt handle any other steel that day
The next morning, I was in so much pain, I could not get out of bed.
I decided to try to wait a while and see if this Crick" in my neck would go away, NEVER realizing the severity of my true injury, I called in and said I had neck pain and would be in late that day.
as time went on, and the pain intensified, I realized work that day was not going to happen, and quickly surmised a Hospital trip would be my destination.
I drove to the hospital in such severe pain, I could hardly hold my neck up, or turn to look for oncoming traffic.
At Our Lady of the Lake Hospital, I received excellent attention, I thought maybe its a pulled muscle, but expected nothing more serious, and was finally sent for a CT scan.
about 20 minutes after the CT scan a flurry of activity in my room, and the amount of nurses, and Nurse Practitioners increased until there was hardly room for everyone to move around, I became extremely concerned at this time and asked one of the Nurse Practitioners if they had found anything of concern on my CT scan, she said yes, and the Neurologist would be in shortly to speak with me about it.
My concern spiked.
The Neurologist entered soon after and introduced himself and immediately started to assess my motor abilities and Neural senses
He then told me the findings of the CT scan:
They then refused to allow me to see Dr. Mitchell, a Neurologist, who referred me for a surgery consult, and no other doctor would clear me to return to work, But Aptim, and Broadspire already knew that, so the game of Deny, Deny, Deny had begun.
on September 24th, hardly two weeks after my injury, staring at an MRI and a CT scan, Broadspire chose to give me a BLANKET DENIAL.
They denied everything except me being an employee.
I then hired Gordon McKernan law firm to represent me, and was assigned to Annabelle Manning
After seeing the Doctors at Our Lady of the lake, I wasn't allowed to see another doctor until I saw Dr Isaza on November 11th, 2 months after my injury, Who subsequently after examination referred me for two separate Cervical surgeries
I even tried to go back to work as a safety man, offering to go back to work, get individual insurance and take care of it myself, Just like my superintendent did. Having acquired my CSST/CSSO/CSSS/Safety Technician/ Field Safety Certifications, but they said no, although they continue to send me alerts about PIPEFITTER JOBS WHEN THEY KNOW I AM INCAPABLE OF MEETING THE PHYSICAL REQUIREMENTS, Due to my current injury, on their jobsite, Knowing their intentions, If I go back to work for 15 minutes, I will be fired immediately.
Not that I have that option, NO DOCTOR will clear me to return to work as a Pipefitter, as Aptim tried repeatedly to get me to do.
now bear in mind, they already know this:
Patient MUST wear a C-Collar at all times
so since September 10,2020 I have been debilitated, as my conditions worsen, My hands growing more numb, dropping things more often, in pain, wearing a C-Collar as instructed, even paying my own medical bills and buying a new C-Collar because Broadspire refuses to supply my medical appliance needs or even to allow me to see him for medical care, instead requesting me to see their Doctor originally on 12-17-20
| Kayce Thompson to Juan Gaspard | |||
| date: | Jan 6, 2021, 1:05 PM | ||
| subject: | Online Complaint #P800716 |
Mr. Gaspard,
Please see the attached information relative to the complaint filed with the Louisiana Department of Insurance, the complaint has been closed. If you have any questions regarding the letter please respond to this email. If you have any questions regarding Broadspire’s response you will need to contact them.
Sincerely,
Kayce Thompson
Louisiana Department of Insurance
Attention: Kayce Thompson, Insurance Specialist
RE:
LDI Complaint No.: 800716
Claimant: Juan Rios Gaspard Insured:
Aptim Corporation
Date of Loss: September 9, 2020
File No.: 189345609
Dear Ms. Thompson, On behalf of Starr Indemnity & Liability Company (“Starr Indemnity” or the “Company”) (NAIC #38318), we are responding to the email for assistance you the claim filed with the Louisiana Department of Insurance (the “Department”) by Juan Rios Gaspard. In conjunction with Broadspire, authorized administrator of Starr Indemnity and its insured, we have researched this matter and have responded below.
Mr. Gaspard has expressed displeasure with the handling of his worker’s compensation claim and he believes the matter was incorrectly denied
. Broadspire, a Crawford Company (Broadspire), acknowledges that Mr. Gaspard has alleged entitlement to workers’ compensation benefits stemming from an unwitnessed work accident occurring on or about September 9, 2020. Once Broadspire was formally notified of a workers’ compensation claim, proper procedures were followed to investigate Mr. Gaspard’s allegations. In accordance with the Louisiana Workers’ Compensation Act, an LWC-WC-1002/Notice of Controversion was filed on or about September 24, 2020. This documentation outlines the reason for the controversion of Mr. Gaspard’s claim.
On October 14, 2020, a Letter of Representation from Attorney Annabelle Manning (with the Gordon McKernan Injury Attorneys) was sent to Broadspire. Based on the assertion of attorney representation, all direct contact with Juan Gaspard was terminated, and further communication about his claim was directed to his attorney’s office. Defense Counsel (Rabalais Unland, LLP) has been assigned to further assist with the on-going investigation into the compensability of this claim. All further communications or questions regarding the workers’ compensation claim and compensability of same, will be addressed by the respective parties’ attorneys, in accordance with the law
Should you require any further information on this matter, please do not hesitate to contact our office to discuss. Sincerely, Vickie Hudson WC Team Manager Broadspire Services Inc, a Crawford Company Southern Service Center – New Orleans
My response to Department of Insurance
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I believe you misunderstood my intentions, My intentions wasn’t so much for you to resolve my individual claim, Although that would have been a blessing.
My intention contacting the department of insurance was to notify you of illegal and fraudulent behavior that the citizens of Louisiana are subjected to by a company the Department has licensed to do business in Louisiana.
I suffer daily while this company is allowed to do business knowingly lying to even your office. By lying to your office, And which I have proof that can be easily, They show the extreme disrespect to your office who trusted them to act in good faith. Instead, they spit in your face and are illegally and unmorally denying claims and then defying you to even hold them responsible.
Broadspire’s license should be revoked for knowingly sending a letter of fraud to your office, Saying the injury was " unwitnessed" when in fact it was, And they know it was.
While you say you can’t resolve my issue being of a disputed claim, I agree, But you can sanction Broadspire for knowingly and willingly committing fraud.
Again, I suffer each and every day, For Christmas I had a Ham sandwich, Because a neighbor cooked. I am eating now because Good Americans are buying me food, I have no money for food or anything, having expended my financial savings on Medical bills and medical supplies, Broadspire is responsible for, I suffer with limited mobility and my hands are numb, I drop stuff regularly and this is all new symptoms I suffered from a Herniated disc at C-4 when I suffered a witnessed injury at work for Aptim, a Company who hides bus wrecks and doesn’t document injuries or bring employees to Health professionals, seeking to hide their true safety record in spite of having 14 documented OSHA safety violations in a little more than a year, Starr indemnity is the insurer and Broadspire is the TPA.
I understand you can’t fix me That will take doctors. I also understand you can’t resolve my case legally, unfortunately that will cost tax payers additional money tying up the court system a Broadspire laughs in your face, But what you can do is investigate Broadspire to see if they will act in good faith in Louisiana, And provide excellent services to your constituents.
They just proved they wont.
If the sole reason is that they imply my injury was " unwitnessed" when they are in possession of a signed witness affidavit, How do expect them to “do the right thing, when they will knowingly disrespect your office.
Who else do you expect to investigate them and hold them responsible if your office shirks its duties, As constituents suffer and are denied fraudulently by a company your office allowed to do business in Louisiana
That was my intention, To notify you of Broadspire acting in bad faith, Denying claims fraudulently, And I accomplished that.
Your office can respond by asking my attorney or me or even Broadspire for my witnesses signed affidavit.
I just handed you PROOF that will hold up in court that Broadspire is a company acting in Bad Faith (Fraud).
What are you going to do with this information provided of a criminal nature, That you are now aware of?
Any emails, Faxes, Or electronic communication intentionally misrepresenting the truth, Is a Federal crime.
You are now aware Broadspire is a Bad Faith company, That has lied to your office in total disrespect of all laws.
What are you going to do about it? Jim Donelon will get a copy of all correspondence, In a certified letter.
Thank you,
Juan Rios Gaspard
The injured citizen wrongfully denied fair medical treatment by Broadspire, A Company your office allows to continue to do business in Louisiana
The future is dictated by what we do after we know the facts
Furthermore, just as a footnote
Does It Matter in Louisiana Workers Compensation Whose Fault the Accident Was?
In Louisiana workers compensation, it does not matter whose fault the accident was. That is, if an employee is injured at work, then this employee is entitled to workers compensation benefits, even if the accident was the employee’s fault.
Your employer’s workers compensation insurance company must pay the employee directly for the employee lost wages and must pay the employee’s medical providers directly for the employee’s medical care. Fault is simply not a factor in receiving Louisiana workers compensation benefits.
Are Aggravations of Pre-Existing Conditions Covered Under Louisiana Workers Compensation?
Louisiana workers compensation generally covers aggravations of pre-existing conditions. Louisiana law also covers whenever the employee’s work accelerates the injury.
Specifically, Louisiana workers compensation courts have ruled that “an otherwise healthy employee with a pre-existing condition is entitled to benefits if she can prove that her work contributed to, aggravated, or accelerated her injury.”
But going even further, Louisiana courts have found that workers compensation will cover any work-related injury “which is more than a gradual deterioration or progressive degeneration.”
So, the general rule is that an employee’s pre-existing disease or condition does not disqualify a claim, if the work-related injury aggravated, accelerated, or combined with the disease or condition to produce the disability for which compensation is claimed.
In essence, the employer takes his employees as he finds them, and cannot deny a workers compensation claim based on pre-existing conditions.
Were There Symptoms Before the Workplace Accident?
Therefore, in a Louisiana workers compensation pre-existing condition aggravation case, the critical factors to look for are:
- Whether the condition was asymptomatic prior to the alleged incident;
- The sudden onset of symptoms; and
- The ability to identify some instigating incident at or during work.
And also, in workers compensation cases, a disability is presumed to be the result of a work-related accident if, before the accident, the injured person was in good health, but beginning with the accident, the symptoms of the disability appear and continue.
But there should be medical evidence to show a reasonable possibility of a causal connection between the accident and the disability, or that the nature of the accident, when combined with other facts of the situation, appears to show a causal connection.
The phrase ‘causal connection’ means simply that one thing caused another thing.
So the bottom line of all this is: if an employee had preexisting back problems but no symptoms before his or her work-related accident, then that employee’s back injuries should be covered under Louisiana workers compensation.
The Abnormally Susceptible Employee in Louisiana Workers Compensation
Louisiana workers compensation courts have firmly ruled that “the employer must take the worker as he finds him.” This simply means the worker who is abnormally susceptible – or predisposed – to disability is nevertheless entitled to full workers compensation benefits, even though the same accident would have caused little or no harm to a healthy worker.
It does not matter that a pre-existing disease or weakened condition might alone have eventually produced an employee’s disability or death. Simply put, Louisiana workers compensation courts will not take into consideration the health deficiencies of an employee.
There are three main ways in which an employee may be abnormally susceptible or predisposed to disability. Specifically, the employee may have:
- Pre-existing conditions that produce accidents;
- Pre-existing conditions that produce disabling consequences; or
- Pre-existing conditions that delay or prevent an employee’s normal recovery.
Pre-Existing Conditions that Produce Accidents in Louisiana Workers Compensation
First, a pre-existing condition may help cause the actual injury by an accident to an employee, when such an accident would not have happened if the worker did not have the preexisting condition.
A typical example of this kind of case is the worker with some form of heart disease, which renders the employee susceptible to a heart attack.
This employee may be so vulnerable that a very slight strain or exertion could cause a heart attack.
Nevertheless, this employee is fully protected and covered under Louisiana workers compensation for such a heart attack.
Such a heart attack will be treated as the “accident,” which disables the employee, even though another employee without such a pre-existing disease would not have suffered a heart attack.
Other typical cases in which a preexisting deficiency has made an employee peculiarly susceptible to an accident are those cases that involve hernias.
Pre-Existing Conditions that Produce Disabling Consequences in Louisiana Workers Compensation
Second, a pre-existing condition can make the consequences of an accident disabling, even when this pre-existing condition does not make the employee susceptible to an accident or help cause the accident.
The typical example is an employee whose injury by accident aggravates a pre-existing arthritic or diabetic condition, and the consequences of that disease—now aggravated—cause the employee to be disabled.
Often these cases involve relatively minor accidents that produce disabling consequences in the injured employee because of a pre-existing disease or condition when those same consequences would not be produced in a healthy worker.
In such cases, it will normally be held that an employee disabled by accident is not to be denied workers compensation merely because the employee had a pre-existing condition that might have brought about the disability.
Arthritic Conditions in The Back and Other Various Back Ailments
By far, the two most common pre-existing conditions (that make the consequences of an accident disabling) are arthritic conditions and various back ailments; and often, these two pre-existing conditions are presented together.
Many of these back ailments involve the specific conditions of spondylosis or spondylolisthesis.
Sometimes the treatment of and operation on the affected area in the back or neck can activate the disease in another disc or back area.
But, of course, it must be shown that a congenital back ailment was, in fact, aggravated by an accident, or recovery will be denied.
Louisiana workers compensation courts have also approved workers compensation awards in situations in which the preexisting deficiency was arteriosclerosis, cancer, diabetes, hypertension, osteoporosis, various kidney ailments, syphilis, multiple sclerosis, tuberculosis, prostatitis, obesity, severe asthma, arthritis, uterine prolapse, epilepsy, pyorrhea, and others.
Many of these cases involved rather serious trauma, but some of them involved relatively minor injuries with disastrous consequences for the employee with pre-existing conditions.
Also, often the pre-existing condition is not even a disease but a condition resulting from a previous injury.
For example, employees have been granted workers compensation benefits for a disability produced by an employment-related accidental injury, which combined with an old war injury to a leg, or an old back injury, or a prior knee injury, or a lingering traumatic neurosis from a previous accident.
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