Accident Rates

ACCIDENT RATES

The following rates are the most current information that LASER was able to obtain through research and Freedom of Information Act requests.CLIMBING ACCIDENT RATES AT COLONIAL MECHANICAL

The hard numbers paint a troubling portrait of Colonial Mechanical’s safety practices. Other statistics for Colonial Mechanical’s accident rate after the year 2000 continue to show increased rates of accidents and injuries. According to Colonial Mechanical’s newsletter, their "incidence rate" for all injuries from July 1999 to May 2000, was 10.3.

Colonial Mechanical’s worker compensation costs are rising, as the company is required to make increasing pay outs to its small army of injured employees. Colonial Mechanical had to pay out over $1.4

million in worker compensation payments during a one year period ending in April 2001. Of the $1.4 million Colonial Mechanical owed in compensation claims, nearly 40 percent of that amount was still listed as open and unpaid in April 2001.

Colonial Mechanical paid one worker with arm and head injuries $162,960 in workers’ compensation payments. Colonial Mechanical reserved another $209,000 for that claim.

Reports for the second quarter of 2002 by Colonial Mechanical admitted there were still six open worker compensation claims, with paid expenses of $450,000 and reserves of $235,000.

This list of payouts in Colonial Mechanical’s worker compensation cases doesn’t even include the list of injured Colonial Mechanical workers who have had to sue Colonial Mechanical in court for workers compensation payments.

COLONIAL MECHANICAL’S ACCIDENT RATES
	1998	1999	2000
Total Accidents	37	44	65
Incident Rate (No lost work days) per 100 workers	5.99	6.19	6.87
Total of Lost Work Days	102	259	260
Total Day Restricted Activity	85	29	338

LITIGATION

The following lawsuits are just a sampling of Colonial Mechanical Corporation’s legal problems.

PARTIAL LIST OF COLONIAL MECHANICAL’S INJURED WORKERS WHO HAVE SUED FOR WORKER COMPENSATION PAYMENTS

In addition to these many injuries, and workers compensation claims to which Colonial Mechanical has admitted responsibility, there is an entire other group of injured Colonial Mechanical workers. These are injured workers for whom Colonial Mechanical has denied responsibility. Many of these injured workers have filed administrative actions and appeals against Colonial Mechanical, as a result. Here are some of these cases.

RONALD ANDERSON V COLONIAL MECHANICAL CORPORATION

Anderson suffered a flash burn to his eye from the flash from a welder’s torch. But Colonial Mechanical denied that the burn caused a hole in his retina. Unfortunately, Anderson made a paperwork error when he appealed Colonial Mechanical’s denial causing Anderson to lose his compensation claim. (File #178-18-84)

EDWARD BARNES V COLONIAL MECHANICAL CORPORATION

Edward Barnes won a compensation award, but Colonial Mechanical’s insurance company, Pennsylvania Manufacturers, appealed it. (File #180-23-28)

VERNON HOLLOMAN V COLONIAL MECHANICAL CORPORATION

Vernon Holloman suffered a back injury for which Colonial Mechanical was required to pay him temporary, total compensation. (File #153-13-24)

GARLAND TRAVIS ALMARODE V COLONIAL MECHANICAL CORPORATION

Mr. Almarode was a plumbing superintendent for Colonial Mechanical. One hot summer day, while he

was using a blowtorch during construction of a nursing, he experienced a heart attack. Although his doctor wrote that his heart attack "...was precipitated, at least in part, by [his] activities during the extreme heat and humidity," Colonial denied his claim. (File #159-19-11)

DAVID LEE BONDS V COLONIAL MECHANICAL CORPORATION

David Bonds injured his back after lifting a heavy compressor on a Colonial Mechanical job. He sued Colonial Mechanical for worker’s compensation and won his case. Colonial Mechanical had to pay Bonds with interest. (File # 174-38-74)

RICHARD BAKER V COLONIAL MECHANICAL CORPORATION

Richard Barker was a pipefitter for Colonial Mechanical Corporation, who suffered a severe head injury and was awarded temporary total disability benefits. Colonial Mechanical Corporation sought an administrative appeal hearing to force a reduction in Barker’s benefits. To prove their case, Colonial Mechanical Corporation had a private investigator let the air out of the investigator’s car tires near Barker’s house. Then the investigator went to Barker and asked for a tow. When Barker finished helping the investigator, the private investigator forced $40 into Barker’s hands. Then Colonial Mechanical Corporation went to the Workers Compensation appeals board, claiming that Barker was making money on the side as a tow truck operator, and his benefits should be reduced.

The Colonial Mechanical Workers Compensation Board ruled again Colonial Mechanical Corporation, and ordered them to pay Barker’s attorney fees of $3,750. (File #176-49-85)

MCDANIEL V COLONIAL MECHANICAL CORPORATION

In the case of McDaniel V Colonial Mechanical Corporation, the Virginia appeals court set a precedent when they ruled that a Colonial Mechanical Corporation employee’s existing infirmities were aggravated by an industrial accident, therfore the employer was responsible for the end result of the accident. (File #3VA, App. 408, 414, 350 SE 2nd, 225, 228)

COLONIAL MECHANICAL REFUSES TO PAY FOR SUPPLIES
MONUMENTAL SUPPLY V COLONIAL MECHANICAL

Monumental Supply provided labor, supplies and services to Colonial Mechanical, but they did not pay. First Colonial Mechanical tried to claim they did not have a contractual relationship with Monumental. Then Colonial Mechanical tried to claim that they had already paid that bill. Monumental ultimately won a consent to judgment for $12,928 against Colonial Mechanical. (Case #91053011)