Pacific Workers Compensation Law Center October 2019

laims Result from coldWeather the Next Headless Horseman multiple short breaks to drink warm beverages or change out of wet clothing.

Halloween Decorations or Fighting Words?

EquipWork VehiclesWith Emergency Kits

Provide each work truck in a company’s fleet with a weather emergency kit. Each kit should include the basics like tow straps, protein bars, back-up batteries for cellphones, a first-aid kit, and a shovel. Encourage your workers to create more specialized emergency kits for their vehicles to deal with injuries that are most likely to occur.

A Grave Legal Matter

We’ve all played a harmless trick or two, but sometimes, Halloween shenanigans get out of hand. They can lead to hurt feelings, outraged neighbors, and, in the case of Purtell v. Mason, a lawsuit. In the days leading up to Halloween, all was not quiet in the village of Bloomingdale. Previously parked in a storage unit, Jeff and Vicki Purtell’s 38-foot RV was now parked in front of their house. In protest, neighbors petitioned to town officials, wanting an ordinance put in place to prohibit RV parking on residential property. While the ordinance was under consideration, Jeff Purtell took matters into his own hands. He erected six wooden tombstones in his front yard. They seemed to be innocuous Halloween decorations, but these tombstones displayed a special message for the neighbors. Each headstone was inscribed with a sarcastic message and house number, implying the occupants’ death dates. These messages soon caught the neighbors’ attention.

Wear Warm Clothing

When bundling up, the key is finding a balance between protection and mobility. Layer moisture- wicking thermals with a water-resistant outer layer to prevent moisture from soaking into your clothing. Limit the amount of skin exposed, especially when it comes to extremities, like your ears and fingers. Earmuffs, knit hats, and wool socks and gloves will retain heat, prevent frostbite, and keep you warm and toasty throughout the workday.

For more tips on how to keep your job site warm and safe, check out OSHA.gov.

“Bette wasn’t ready, but here she lies, ever since that night she died. Twelve feet deep in this trench, still wasn’t deep enough for that stench! 1690.”

Insulted and a little afraid, Purtell’s neighbors called the police to have the headstones removed. After a couple of visits, Officer Bruce Mason arrived and threatened to arrest Purtell if he didn’t take the tombstones down. Purtell obliged, but the matter wasn’t put to rest.

The Verdict

Purtell sued Officer Mason on the grounds of violating his rights to free speech, and the case made it all the way to the 7th U.S. Circuit Court of Appeals. Judge Sykes ruled that the tombstones did not constitute fighting words and were protected under the First Amendment. However, she also ruled that Officer Mason was entitled to qualified immunity, as any reasonable officer would act the same under the circumstances.

The bigger question might be how this case made it all the way to the U.S. Court of Appeals. As Judge Sykes wrote in her opinion, “Lawsuits like this one cast the legal profession in a bad light and

3. Place balls about 2 inches apart on the baking sheet and bake for 9–11 minutes, or until tops have cracked. 4. While the cookies are still warm, add mini Reese’s Pieces on bottom half of cookie to make the freckles. 5. Let cookies cool completely. 6. Pipe two drops of white icing above the freckles, then pipe two drops of black icing in the center to make the eyeballs. 7. Enjoy!

contribute to the impression that Americans are an overlawyered and excessively litigious people.”

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