Forensic Engineers and Consultants

Tag Archive: subrogation

  1. Hail Isn’t Cool

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    Hail property damage is frequently reported after an HVAC service call.  Building owners are often unaware there is damage until the power bill starts trending higher and the HVAC system is simply not cooling effectively. Take look at the fins! The National Weather Service reported over $722 million in property damage from hail in 2018.  Based on NWS data, hail caused more property damage than tornadoes or thunderstorms.  Only Tropical Storms/Hurricanes at $12 billion, coastal storms at $1 billion and flooding at $1 billion were more costly than hail to property.

    One of the items very susceptible to damage is the HVAC system.  The heat that is removed from the interior of a building must be rejected to the environment.   As such the HVAC system is placed where it can have unhindered access to outdoor air in order to function properly.  This often results in the unit being placed in a large open space such as a rooftop, making it susceptible to damage such as hail.  (more…)

  2. When the Walls Come Tumbling Down… Retaining Wall Basics

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    A wall is really boring until it fails. A retaining wall is supposed to hold back soil to either support a structure or keep a space clear. When it fails, both of those roles are compromised. A retaining wall does not have to collapse to fail. In fact, a failure is perhaps better defined as when the wall does not perform as expected. (more…)

  3. Machine Guarding and Risk Assessment

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    The Occupational Health and Safety Administration (OSHA) “Top 10 for 2018” violations once again have Machine Safeguarding earning a position on the list. Machine safeguarding was the 9th most cited standard as noted in the list below:

    1. Fall protection, construction (29 CFR 1926.501)
    2. Hazard communication standard, general industry (29 CFR 1910.1200)
    3. Scaffolding, general requirements, construction (29 CFR 1926.451)
    4. Respiratory protection, general industry (29 CFR 1910.134)
    5. Control of hazardous energy (lockout/tagout), general industry (29 CFR 1910.147)
    6. Ladders, construction (29 CFR 1926.1053)]
    7. Powered industrial trucks, general industry (29 CFR 1910.178)
    8. Fall Protection–Training Requirements (29 CFR 1926.503
    9. Machinery and Machine Guarding, general requirements (29 CFR 1910.212)
    10. Eye and Face Protection (29 CFR 1926.102)

    (Source: www.osha.gov/Top_Ten_Standards.html)

    (more…)

  4. Defective Vertical Baler Causes Serious Crush Injury to Operator’s Arm

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    I recently worked on an interesting case involving a box baler. An employee of a butcher shop put some empty cardboard boxes in a vertical box baler and pushed the control switch to compact the boxes. After the 30 by 60 inch platen weighing 851 pounds returned to its raised position, the employee reached into the open space above the bottom door on the baler and began to clear cardboard from the bale tie slots in the bottom of the raised platen. Suddenly, and without warning, the steel pin attaching the platen to the raised hydraulic cylinder rod failed. The heavy steel platen fell and crushed his arm which was outstretched over the baler door into the compaction space.

    (more…)

  5. Not Your Father’s House Fire

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    Remember the good old days when our homes were built with only lumber, dry-wall, and roofing?   Me neither.  However, we talk about ‘modern’ construction materials like this is a new phenomenon.  The truth is ‘modern’ construction materials started sneaking into homes over fifty years ago.  It’s not only construction materials that have changed: a century ago, we furnished our houses with wood, cloth, metal, and glass. Today, it’s plastics, foams, and coatings.

    (more…)

  6. Safety Inspections for Outdoor Decks are Necessary

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    The North American Deck and Railing Association (NADRA) recognizes the month of May as Deck Safety Month®. This is the time of the year to get serious and take the necessary steps to safeguard your deck so that it is enjoyable not only for your family, but your friends and any visitors. The NADRA has a deck safety program and they just released a video in an effort to save lives and prevent injuries and to protect your family and friends. (more…)

  7. Desk Reviews Answer Subrogation Questions

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    An important question concerning a workers’ compensation claim involving machinery and equipment is whether or not the loss can be subrogated to a responsible third party. In order to properly analyze this question, it is often helpful to have an engineer determine if the machine contains a condition of defect that caused the incident. One effective way to move ahead with confidence  — and without investing travel time and money into a full investigation — is a Warren desk review. (more…)

  8. Who Else Owns This Construction Loss Course

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    When a worker is badly injured on a construction site, adjusters or investigators are often hired to determine pursuit or defense of a subrogation case.  This slideshow gives an overview of several real-world investigations and helps viewers understand some of the issues involved in construction related subrogatable incidents. (more…)

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