How to Challenge a Medical Examiner Death Report When Not a Family Member

The morning time was warm and clear, with more than than a thousand workers finishing structure of Little Caesars Arena, when a pair of ironworkers noticed an orange blur hurtling down, by a catwalk.

Michael Morrison landed in the dusty, plastic-covered seats below. Ane of the ironworkers rushed to telephone call 911. An electrician heard the loud thud and hurried downwards a gear up of stairs to witness Morrison gasp for air iv times, then zilch.

The Detroit Police Department and Wayne County Medical Examiner declared the June 2017 decease of Morrison, a 46-year-old electrician from St. Clair Shores, an accident.

Just the Michigan Occupational Safety and Health Administration chosen information technology a suicide, siding with builders who insisted Morrison — in the midst of a busy workday —  jumped seven stories, from a steel axle into the red arena seats.

Safety experts say MIOSHA'south decision to overrule its own inspector — who also labeled the expiry an accident — raises questions about whether regulators are putting big business organisation ahead of Michigan workers. They also say that not counting workplace deaths correctly thwarts efforts to improve safe in the workplace.

This is the second fourth dimension that the Complimentary Press constitute MIOSHA failing to back its own inspectors and seeming to favor big business. In January, the Free Press reported MIOSHA managers allowed executives from Bedrock Detroit to lecture several veteran construction safe inspectors on how to do their jobs, while a state board dismissed violations against Detroit's largest developer. The Bedrock matter did not involve a workplace injury.

More:Sources: Gilbert's Boulder lectured inspectors on how to exercise their jobs

More:Medical examiner: Death of worker at Piddling Caesars Arena was accidental

Employers don't want a workplace fatality on their record: It tin drive upwards the costs of workers' comp and other insurance, as well as the cost of performance and payment bonds. It's a stain on their safe record, which tin can touch a company's power to successfully bid on other work.

A suicide, on the other hand, is a "user-friendly manner to close the case and move on," said Troy lawyer Shereef Akeel, who specializes in employment police force. "It exonerates the employer and absolves them of any fault."

MIOSHA pointed to a Detroit Police force report to support its finding of suicide — a report the police force department called preliminary. The state decided to classify the expiry a suicide fifty-fifty afterwards the medical examiner, who has the final word on cause and manner of decease in Wayne County, ruled it an accident.

Then, claiming insubordination and falsification of records, MIOSHA ousted its ain longtime inspector and destroyed his handwritten notes while the case was still open up.

In response to queries during a Costless Printing investigation, Michigan Attorney General Dana Nessel will look into "all aspects" of the Trivial Caesars case, spokeswoman Kelly Rossman-McKinney told the newspaper earlier this month. The U.Due south. Section of Labor also will review MIOSHA'south handling of the fatality, a spokesperson said.

MIOSHA responded with a statement from MIOSHA Director Bart Pickelman.

"MIOSHA's mission is to help protect the safety and health of Michigan workers," PIckelman said. "The investigation adamant there were no MIOSHA rules or recognized safety practise that would have prevented Mr. Morrison's unfortunate death."

In emails to the Costless Press and in its ain internal documents, MIOSHA referred repeatedly to Morrison's death as a suicide.

But in an April eleven interview, Pickelman insisted a finding of suicide was irrelevant.

Suicide, he said, "doesn't matter for my conclusion whether at that place was a violation of a rule that would have prevented him from dying."

Workplace prophylactic experts called MIOSHA's handling of the example highly questionable and welcomed contained review to determine whether the bureau acted in a way that benefited Olympia Development, which was building the $863 million stadium for the Detroit Blood-red Wings and Pistons; Barton Malow and the Hunt Construction Group, which were overseeing construction; and Morrison's employer, Motor City Electric.

"I detect it very peculiar that MIOSHA would become with the first officer's written report when there is further evidence that makes information technology announced this was an accident instead of a suicide," said Susan Schurman, distinguished professor at the School of Direction and Labor Relations at Rutgers University in New Brunswick, N.J. Schurman was responding to Costless Press questions and has not independently reviewed the instance.

"This is a tough question for the management of MIOSHA. I don't know why you didn't become with the One thousand.East. It doesn't make any sense," said John Newquist, a former assistant regional administrator for federal OSHA in Chicago, where he oversaw MIOSHA and other state OSHA programs for vii years.

A spokesperson said the U.S. Section of Labor, in response to questions from the Free Press, will review the case in what it calls a "special study." Such studies can be conducted past the Labor Department's national or regional offices.

Ken Moore, who was president of the Michigan State Employees Association until early Apr, supports the Michigan chaser general looking into the agency'due south handling of the accident at Trivial Caesars and the ouster of inspector James Zoccoli. The union's members include MIOSHA inspectors.

MIOSHA acknowledged that it based its finding of suicide on a police written report — a report that the Detroit Police Department said was "based on preliminary data gathered at the scene on the engagement of the incident." DPD said it doesn't issue a concluding report in a death investigation; that's up to the medical examiner.

Critics said MIOSHA was wrong to side with big business over the working man.

Olympia Development is a function of Ilitch Holdings, which owns the Red Wings, the Detroit Tigers, Petty Caesars and Olympia Entertainment, owner and operator of the Fox Theatre. Barton Malow and Hunt Construction are both known for building large, circuitous projects, including sports venues. Motor Metropolis Electric calls itself ane of the largest electrical contracting specialists in the United States.

"It's perplexing merely not surprising that a state bureau would take a bias confronting injured workers," said Southfield lawyer Joel Alpert, who represents Morrison's widow, Lynne Morrison, in her fight to become workers' comp death benefits.

"MIOSHA is supposed to be independent just the facts here announced to show a significant bias in favor of the business organisation community and that does non serve the people of the State of Michigan."

Moore, the former state employees union president, said he is "extremely concerned" about MIOSHA's leadership and management.

He said MIOSHA stands up for "big money and that'due south admittedly wrong," Moore said. "And if that ... affects someone's employment, for continuing upward for what'southward right, that'due south wrong."

Moore said he wants the attorney full general to investigate MIOSHA because "I only want answers. Big money should not have influence in regulation."

"You cannot exist effective at preventing fatalities unless y'all have accurate data to identify the causes," said Celeste Monforton, who lectures about public wellness at Texas Land University and spent 11 years at federal OSHA and the Mine Safety and Wellness Administration in Washington, D.C.

Monforton said MIOSHA has an obligation to consider the findings of the medical examiner, police force, and other sources when they corroborate the bureau'southward own inspector. If MIOSHA fails to do then, she said, "then the agency loses trust with the public, loses credibility and so risks condign irrelevant."

Subsequently MIOSHA threatened to burn Zoccoli for his handling of the Footling Caesars investigation, the 26-year agency veteran retired in November to protect his medical benefits and collect a pension in identify of a paycheck.

'A real tragedy for his family'

Michael Morrison's family sent him to work the morning time of June 28, 2017, with a grocery listing for that night's dinner, and he had plans for a trip to Indiana that weekend, co-ordinate to a family member. He was one of one,115 workers at the site that day, just two months from Little Caesars' ribbon-cut and its kickoff concert, a Kid Rock prove.

About 8 a.m., an ironworker from Pennsylvania saw, out of his peripheral vision, something falling. Noticing an orange shirt and jeans, he realized it was a person and called 911.

When police arrived, Alicia Washeleski, whose company, Plante Moran, was project director for Olympia Development, and Cullen Coponen, who worked for Hunt Construction, told the responding officeholder that the "victim may take jumped from the north end sector ... from a beam and that victim was not supposed to be in that area," according to the preliminary police report.

By then, Washeleski and Sean Hollister, who worked for Barton Malow, had already nerveless witness statements from workers, according to the police report.

One of those statements was from David Bludworth of Rochester Hills who, similar Morrison, worked for Motor Metropolis Electrical.

"I seen the guy talking loud on the phone on the spotlight platform," Bludworth said in a statement written on a Barton Malow class. "1 of my men, (Mike Conflitti) had talked to him earlier and said that he broke up with his wife or girlfriend."

But when constabulary interviewed Conflitti, a Motor City Electrical worker from Richmond, he said he didn't know Morrison and the extent of his conversation with him that morning time was to offer a bottle of water.

In an interview at Barton Malow's headquarters in Southfield, CEO Ryan Maibach said: "We feel 100% confident this was non the result of a workplace accident. ...

"This was a existent tragedy for his family."

According to an incident investigation report from Barton Malow, and obtained by the Free Printing from MIOSHA, Morrison was two stories above his assigned work area, and was not on a scheduled break. A structural steel beam straight above where Morrison landed had footprints on it.

"The objective findings are indicating that the employee intentionally walked out on the unprotected axle and jumped," the Barton Malow report said.

Maibach said Morrison had to walk past multiple prophylactic barriers to become to the axle, and that a coworker constitute Morrison in a "very agitated state" that morning.

But constabulary never matched the footprints on the beam to Morrison's brown boots, and they didn't recover his phone, according to the Detroit Police Section. No one interviewed by law saw him on the axle or the bodily fall, according to witness statements.

Another witness interviewed past police said he heard Morrison hit the stands, but didn't see or hear anyone talking or arguing before the incident.

Police likewise interviewed Lynne Morrison, who said her hubby hadn't shown any signs of acrimony or depression, that their fiscal situation was "aught ... we couldn't handle" and that there was no one in his life who would cause him to exist angry or depressed.

"We shared everything," she said.

Through her lawyer, Alpert, she declined to speak to the Gratuitous Press. Olympia Evolution referred questions to Barton Malow. Motor City Electric and a spokesman for Hunt did not reply to phone calls seeking comment.

Local regime rule death blow

Past mid-August 2017, the Detroit Police Section and the medical examiner had adamant the death was an accident.

Dr. Carl Schmidt, Wayne County medical examiner, stood by his office's findings.

"Based on the MEO'southward investigation, which included information from the police investigation and Detroit Receiving Hospital, there was no reason to propose this death was anything other than an accident. No other information has surfaced since then, that would prompt the MEO to meliorate its findings," Schmidt said in a statement in Feb to the Free Press.

MIOSHA inspector Zoccoli connected to investigate the death, collecting the autopsy report from the medical examiner and staying in impact with law. He labeled the death an blow in MIOSHA records.

His supervisor, Bradley Redinger, overruled him in October 2017.

"Please close the fatality and companion inspection at Niggling Caesars Arena. I have determined this fatality to exist non-program related since it was self-inflicted and not a upshot of a deficiency in the structure safe standards," Redinger told Zoccoli in an e-mail.

"I have reviewed the police reports, photos and other documents received," he told Zoccoli in the Oct 2017 electronic mail.

MIOSHA refers to workplace deaths that it either does not have jurisdiction to investigate, or chooses not to investigate, as "non-program related." These cases have included heart attacks, suicides, homicides, traffic wrecks, helicopter and plane crashes.

Fifty-fifty though it labeled the loonshit expiry equally non-program, it also had a parallel investigation into several employers at Little Caesars, among them Morrison'southward employer and the construction managers.

MIOSHA later cited several employers including Hunt and Barton Malow for violations at the arena involving improper guardrails most where Morrison went downwards and where he landed.

MIOSHA insisted those violations had zip to do with Morrison'due south death.

The Hunt and Barton Malow violations and penalties were dismissed in February past the Board of Health and Prophylactic Compliance and Appeals, which hears contested MIOSHA cases. Like MIOSHA, the board is housed in the Michigan Department of Licensing and Regulatory Diplomacy.

MIOSHA cited Motor Urban center Electrical and a subsidiary, Motor Metropolis Electrical Technologies, with one guardrail violation each. They settled with MIOSHA and the agency dropped all penalties and reduced the severity of the violations.

According to worksheets that Zoccoli used to calculate penalties for the companies, between four and 15 workers were exposed to the potential hazards of improper guardrails — including Morrison. MIOSHA blacked out the workers' names in documents released to the Complimentary Printing, then the exact extent of the run a risk to workers could not be determined.

The Gratis Press first began asking MIOSHA questions virtually the fatality in Oct 2018, prompting the bureau to review its records and Zoccoli'south part in the investigation.

"This was determined to be a suicide and at that place were no violations of MIOSHA rules that caused or contributed to the death of the employee," Jeannie Vogel, a spokeswoman for MIOSHA, told the Free Press in an e-mail terminal fall.

MIOSHA besides determined Zoccoli had improperly categorized the fatality equally an accident, even afterward his supervisor had overruled him. That prompted MIOSHA to begin investigating Zoccoli for "falsification of records and insubordination," according to a MIOSHA spokesman, Pardeep Toor.

On October. 22, 2018, Zoccoli was brought in for questioning by a supervisor.

He was asked several questions, including this one: "Is it true that your supervisor made you aware of the Detroit Police Department (DPD) report indicating it was a suicide," Zoccoli was asked, according to documents obtained by the Costless Press.

His answer: No.

"Is information technology true that y'all did not take then, and do not have at present, any evidence that a dominion violation caused or contributed to the death of the employee?" he was besides asked. He said he disagreed with the semantics of the question, according to a copy of the notes taken during his questioning and obtained under an open records request.

He was also asked whether he had talked to anyone in the news media nearly the fatality. He said he had not.

Zoccoli was handed the case file and asked whether he wanted to take a await.

"I don't believe that this is the consummate file," he said.

"Are you contending that this is non all the info y'all submitted," he was asked.

"Handwritten notes are not role of it," he answered.

On November. 2, Zoccoli was put on administrative leave and told to attend a disciplinary conference in Southfield the post-obit week. He was also told the contemplated discipline was dismissal, to be prepared to render his country vehicle and to arrange for transportation home.

Instead, Zoccoli retired and got a job as an ironworker.

Toor said Zoccoli'south notes were "disposed of" because whatsoever relevant information in them had been "captured" in the case file.

"As is standard practice, the Steno notebooks were then disposed of along with other non-relevant documents submitted past the inspector," Toor said in an email. According to the country's tape retention policy, notes that have been transcribed into another format can be destroyed.

In the interview, Pickelman said Zoccoli "tends to gather a lot of data that is non relevant" and that a proficient investigator "spends time gathering relevant information."

Accurate stats vital to worker safety

Dr. Kenneth Rosenman, who studies workplace injuries and deaths at Michigan State University, said about 120 to 150 people die each year on the job in Michigan. About a tertiary are investigated by MIOSHA.

"It's always important to go along an accurate count of how many people die related to work," said Rosenman, a professor in MSU'south Section of Medicine. "It'south important to understand what happened to reduce the chance of this happening to others in the future."

The Michigan Legislature passed the law that created MIOSHA in 1974 to protect the state'southward workers.

"One of the ways you lot do that is assist employers so they tin comply with the police. But it's not about protecting them, it's non about protecting companies," said Monforton, the former OSHA official.

Joseph Seiner, a Troy native and professor of constabulary at the Academy of South Carolina School of Law, said MIOSHA's actions could undermine public confidence in the bureau.

"Ane of the chief goals of a public entity is to maintain the highest level of integrity and thoroughly investigate concerns and health issues, specially related to a tragic accident," said Seiner, who teaches labor and employment constabulary. "If it shows that's non existence done, regardless of the reason, information technology could undermine public confidence."

'If in that location's a suicide, there's no benefits'

Lynne Morrison continues to struggle with the backwash.

She told police that she was "wife, all-time friend, everything" to her hubby, who stood six feet tall and sported a goatee and mustache.

The morning time of his decease, he kissed her soon later on five a.m., before heading to work equally a journeyman electrician at Little Caesars, she said in a law interview. A few hours later, she was summoned to Detroit Receiving Hospital.

"The doctors came to the room. They said, 'I'thou sorry, he didn't suffer.' I screamed and they repeated that they were lamentable, he didn't suffer."

She said she didn't speak with him on the phone that morning, that he wouldn't have chosen until after nine a.k., his usual break fourth dimension.

Morrison, she said, was "just a hard worker and would assistance anyone, wherever aid was needed."

Lynne Morrison has been trying since October 2017 to get workers' comp death benefits, including $6,000 in funeral and burial benefits. Alpert, her lawyer, said Morrison's employer is arguing that his expiry was a suicide in proceedings separate from the MIOSHA case.

"If there's a suicide, in that location's no benefits, no workers' comp," he said.

Alpert, who specializes in workers' comp, said it is not unusual for a instance like hers "to linger this long."

"It's like any other lawsuit. It takes a lot of time. Yous have to rely on people to give you what you're asking for, when they don't desire to give it to you in the offset place."

He said he remains convinced Morrison'southward death was an accident.

And even if Morrison was on that beam, "why would they impute his landing in the seats a suicide and non accident?" Alpert said. "There'southward no basis for it."

The maximum worker'south comp benefit for a death in 2017 is $870 a week, and the amount paid depends on how much income the surviving spouse contributed to the household. Workers' comp expiry benefits are payable for 500 weeks, merely end upon remarriage.

A surviving spouse must be at least partially dependent on the deceased worker to receive whatever portion of the death benefit, Alpert said. If there are no dependents, there are no decease benefits paid to someone similar a parent or a sibling.

Morrison earned $1,400 a week, according to his workers' comp file.

A workers' comp magistrate, a state employee appointed by the governor and confirmed past the Michigan Senate, decides each case based on the evidence, which could include the autopsy.

In Michigan, workers who are injured or killed on the job cannot sue the employer in all but the virtually egregious cases considering workers' comp is considered the "exclusive remedy."

The worker or survivors do non have to bear witness the employer was at error, only that the injury or death occurred in the class of employment.

The injured worker or the surviving family tin can, yet, sue other employers or at-fault parties who may have had a role in a workplace accident.

A lawyer for Motor City Electric's insurance company said in documents filed with the state Workers' Compensation Agency that Morrison'south death was not work-related. Thomas Gunton Jr., an attorney representing the Hartford Accident and Indemnity Co., and Motor City Electric did non return calls for comment.

"It's deplorable what insurance companies practise to injured workers and their families," Alpert said. "Based upon their mere speculation that it was a suicide, when all of the other show points to this being a horrible blow."

While Lynne Morrison fights for workers' comp benefits, Barton Malow has scored another big construction project.

Bedrock, one of businessman Dan Gilbert's companies, hired Barton Malow to be structure manager for a new $533 million Wayne Canton criminal justice center in Detroit.

Bedrock is edifice the project for Wayne Canton and is contributing $153 million toward the circuitous, in commutation for property along Gratiot Artery where the county'due south original jail project stalled because of toll overruns.

The new complex, with four buildings, is expected to be completed in 2022.

wagersull1991.blogspot.com

Source: https://www.freep.com/story/news/local/2019/04/18/little-caesars-arena-workman-death/3225187002/

Share this post