|
Dealers:
If you would like to copy this article and distribute it
to your
coworkers, please do so. We hope this will shed
some light
on a problem that has been afflicting dealers
for a long time.
COMMON
SENSE #1
Carpal Tunnel Syndrome
and the
Worker's Compensation System
As most dealers know, a condition known as carpal tunnel
syndrome often develops in dealers because of the repeated
movement of the wrist required by the act of dealing
cards. The syndrome results from damage to the nerve that
passes through the wrist into the hand, with its attendant
loss of sensation in the fingers and pain in the wrist.
This is the common result of the frequent and repetitive
nature of the hand motions required while dealing 21.
Gaming companies hate to admit to the
connection between this injury and the task of dealing,
for it then requires them to compensate their employees
under the requirements of Nevada's worker's compensation
laws. In many cases the casino operators simply deny the
claim with the hope that the injured dealer will not
pursue their claim.
The worker's compensation system, which
is run by each state and is virtually the same throughout
the nation, is based on one underlying principle, i.e.
worker's compensation laws and their resulting
determinations create and embody a public policy which
favors the injured worker, who gives up his or her right
to sue an employer in exchange for the protections of the
worker's compensation system. Simply put, injuries,
illnesses or conditions either sustained or aggravated in
the course of employment constitute a claim that is
compensable in terms of lost income and medical treatment
for the employee.
The employer may provide worker's
compensation either by subscribing to the state provided
insurance, the Employers Insurance Company of Nevada
(previously known as SIIS), or by being self-insured. In
either case the administration and claims process is
essentially the same and the employee enjoys the same
protection. Self-insured employers are not exempted from
the law in the state of Nevada. When a self-insured
employer elects to accept the benefits of administering
its own worker's compensation program, in exchange for
relief from tort liability (the worker's right to sue), it
must assume the burdens. One of the burdens of the system
is the prompt payment of benefits. If, later, it is found
that payment was unwarranted, the employer will then seek
reimbursement of the benefits it paid.
The point being that the self-insured
employer cannot deny or delay payment, and thereby
"starve out" its injured employee. This would
violate Nevada's public policy established by the worker's
compensation scheme. The employer must pay the claim and
seek recovery later if payment was in error. This assures
the worker some measure of economic security in that he or
she will not be forced to survive with no income while the
employer pursues a lengthy appeal process.
While we're on the subject I would like
to refer you to the case of two dealers, Catherine Fought
and Linda Buzick. They filed a worker's compensation
claim, which stated that as a result of the repeated wrist
movements they utilized as card dealers for Circus Circus,
they suffered from "carpal tunnel syndrome."
Circus Circus denied both claims and the dealers appealed
to a state hearing officer. It was finally determined that
the claims were compensable and Circus Circus was ordered
to pay. They refused. The case finally found itself in
front of the Nevada Supreme Court, 705 P.2d 645,
Department of Industrial Relations v. Circus Circus
Enterprises, Inc., (Nev. 1985).
Their opinion:
"These consolidated appeals arise
out of a refusal by a self-insured employer, Circus Circus
Enterprises, Inc. (Circus Circus), a hotel/casino, to
comply with a hearing officer's order requiring Circus
Circus to pay worker's compensation benefits to its
employees Fought and Buzick. Because we agree with
appellants that, absent a stay, a self-insured employer
must comply with a hearing officer's order to pay
benefits, we reverse."
* * *
Our message to all dealers suffering
from carpal tunnel---if your condition warrants it, make
your claim. Do not be afraid. Do not be intimidated.
Jack Lipsman
NFGE
(Back
to Index)
|
