The widow of an Iowa cake factory worker who died after his arms were pulled into a size roll could not show negligence on the part of employees to clear the exclusive remedy in the State Work Compensation Act.
Tisor v. Hollerauer The Iowa Court of Appeals on Wednesday unanimously confirmed a district court ruling that there was insufficient evidence to show that four plant supervisors knew the rolling machine needed additional surveillance.
Patrick Tisor worked for Shearer & # 39 ;s Foods LLC in Burlington, Iowa, as an oven operator for the cookie and cracker maker. In December 2016, before production began for the day, his co-workers found him unconscious with both arms raised during the size roll. The conveyor belt was not yet hot, no cakes had been made and no other objects were found around him, according to court documents. He died of his injuries three days later.
Prior to the accident, no employee had ever been injured by a size roller at the factory, although a worker had injured two fingers on the conveyor belt the year before and an Iowa Occupational Safety and Health Administrator cited Shearers for inadequate machine protection, but the report did not point to a size roller. danger. and two others. They moved for a summary assessment. A district court issued a summary judgment to the employees, and Tisor appealed.
The Board of Appeal upheld the decision, arguing that while supervisors were aware of potential new points and trained on such points, Tisor's allegations could not contain specific evidence of actual knowledge of the danger.
The Court also found that the construction regulators had no reason to believe that Mr Tisor "would be subjected to imminent damage by his duties to start line 7 that day" and that the IOSHA report did not send the regulators an unattended pinch on the size roll "probably would result in injury, amputation or death. "