When you open the new augmented-reality app Pokémon Go, the first thing you’ll see is a loading message warning: “Remember to be alert at all times. Stay aware of your surroundings.” If you thought the message was slightly melodramatic, trust me, you’re wrong. Since its Wednesday release date, the Pokémon-catching app has already been linked to armed robberies and a newly discovered dead body. So before you start roaming the streets searching for hiding Pikachus or gyms to capture, review this list of some of the weirdly dangerous encounters Pokémon Go players have faced.

Dead Body

Beware any dead bodies while searching for Pokémon. A 19-year-old from Riverton, Wyoming discovered a dead person while playing the game Friday night. Shayla Wiggins told Buzzfeed that she discovered the corpse while taking an early morning walk by Big Wind River to find some Pokémon.

Wiggins was struggling to find any Pokémon, so she walked down to the rocky river bank. “As I looked one way, I noticed that there was something in the water in front of me,” she said. “And so I took a closer look and saw it was a body.” When she finally realized it was in fact a body, she immediately called the police.

#News #Worldnews #Reddit Pokemon Go player discovers dead body in river https://t.co/F1HrqLbXy7 morgaine17 July 08… pic.twitter.com/4NyXIpOs4l

— Loren Brite (@PhilcamLoren) July 8, 2016

The Fremont County Sheriff’s Office is investigating the death–the corpse was an adult male–which appears to be accidental in nature and possibly caused by drowning. 

Armed Robbery

In Missouri, four suspects–who some have already likened to the villainous Team Rocket–used the app to target players in order to rob them. According to the Washington Post,

What Pokémon GO has to do with armed robbery and a dead body https://t.co/lTqyRw43vt #808news pic.twitter.com/DsvwdDoIH9

— khon2 News (@KHONnews) July 11, 2016

According to a Facebook post from the O’Fallon Missouri Police Department,

[Police] were able to locate four suspects occupying a black BMW a short time later and recover a handgun. These suspects are suspected of multiple Armed Robberies both in St. Louis and St. Charles Counties. It is believed these suspects targeted their victims through the Pokemon Go smart phone application.

The suspects were able to target players using the app’s pokestops–where players frequently gather–in remote areas, such as parking garages.

Injured Players

While the chances that you’ll be targeted by criminals while using the app are very slim, you should be extra cautious about causing accidental harm to yourself. From minor cuts and scrapes, to fractured bones, players are already reporting some serious Pokémon-related injures.

So I have had my first injury while playing #PokemonGO. pic.twitter.com/KKEfeQiHKH

— Ashten (@TheaAylaPokemon) July 11, 2016

One Redditor with the username Amalthea- claimed,

Not even 30 minutes after the release last night, I slipped and fell down a ditch. Fractured the fifth metatarsal bone in my foot, 6-8 weeks for recovery. I told all the doctors I was walking my dog lol… Watch where you’re going, folks!

Another player in New Zealand claimed to have face-planted while using his skateboard to search for Pokémon around his neighborhood.

Click here for a list of other injuries.

With users’ heads buried in their phones instead of observing their surroundings, injuries like these are bound to happen. However, they are entirely preventable.  In an effort to remind distracted Pokémon Go players not to use their cellphones while driving, the Ohio State Highway Patrol crafted a hashtag #DontCatchAndDrive.

Playing #PokemonGo? Please #DontCatchAndDrive! We know you want to catch ‘em all, but do so safely! pic.twitter.com/qaPoJ6fKgm

— Ohio State Patrol (@OSHP) July 11, 2016

For an explainer on what Pokémon Go is, check out the Washington Post’s rundown here. And while obviously most people playing the game have been fine, it’s always important to follow the game’s instruction and pay attention to your surroundings.

Alexis Evans

Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

The post Pokémon Go Players are Getting Robbed and Finding Dead Bodies appeared first on Law Street.

The workers’ compensation system around the nation has been complicated for decades. Particularly in California, a measure from the early 2000s is now coming to light as more and more women are trying to get workers’ compensation. There’s a battle raging over whether or not there’s an inherent gender bias in the handling of workers’ compensation claims in California; the concern is that women who try to get workers’ compensation are “penalized” for gender-related conditions like pregnancies and menopause. Read on to learn about the gender bias in worker compensations claims in California, what’s being done, and a look at the discussions happening in other states.

What is workers’ compensation?

Workers’ compensation is a form of insurance provided in the workplace that can consist of wage replacements and medical benefits for employees who were injured while working. Usually by accepting these funds, employees acknowledge that they will not sue their employers for negligence. Workers who are permanently disabled while on the job receive compensation from insurers based on a calculation of the level of disability and what portion of the injury is linked to their jobs. Insurers may also weigh the worker’s previous health conditions or prior injuries. In California specifically, the process is overseen by the Division of Workers’ Compensation which:

Monitors the administration of workers’ compensation claims, and provides administrative and judicial services to assist in resolving disputes that arise in connection with claims for workers’ compensation benefits.

DWC’s mission is to minimize the adverse impact of work-related injuries on California employees and employers.

State of Workers’ Compensation

If you were to look at the statistics, it looks like fewer and fewer people nationwide are getting hurt at work, though that isn’t exactly the case.

A report came out recently about how the system is reporting very low numbers. The real reason? Changing the circumstances for what qualifies as a workplace injury, and the simple dissolution of programs that pay for such accidents. According to the Washington Post, the number of people injured at work is probably twice what is reported because people fear losing their jobs. Or people, like those in the construction industry, are misclassified as independent contractors.

The Washington Post recently discussed the national state of workers’ compensation problems, saying:

Since 2003, the investigation found, 33 states have weakened their workers’ compensation regulations, scaling back the procedures that will be covered and the duration for which benefits are offered. In addition, while businesses often push for reforms on the grounds that workers’ compensation costs are out of control, data shows that premiums are lower than they’ve been at any point since the early 1990s.

California’s Belabored Workers’ Compensation Program

Workers’ compensation programs have received complaints that they are inherently flawed throughout the United States. Lately the debate has been particularly focused in California. Complaints come from the fact that outside medical reviewers look at the cases and after brief exams or only by reading the medical records can deny recommended treatments or rule that injuries aren’t work-related.

Reform Under Governor Schwarenegger 

Some problems with the California system can be traced back to a bill that reformed the program, which was signed in 2004 by then-Governor Arnold Schwarzenegger. It changed what types of injuries qualified under the program, how long certain employees would receive coverage after being injured, and required the injured employees to choose from a specific pool of independent doctors. At the time, Schwarzenegger said:

This bill completes a process that brought together Republicans and Democrats, business and labor, and all the affected parties to produce billions of dollars in savings, protect workers, and root out fraud and waste in the system. No longer will workers’ compensation be the poison of our economy. Our message to the rest of the country and the world is that California is open for business. We are making our state once again a powerful, job-creating machine.

At that time, California employers were paying the highest workers’ comp rates in the nation: $6.33 for every $100 in payroll, compared to a national average of $2.46.

Although the bill was supposed to save Californians money, there were some problems with it. The new bill made it more difficult for workers to get in to see doctors and left them waiting for months without any answers to their problems.

Reform Under Governor Brown 

In 2012, Governor Jerry Brown put some of the power back in the hands of the state, deciding that disputes should be handled by independent medical reviewers whose decisions cannot be overturned. The law was a bit quirky, as this didn’t just apply to the new cases, but also retroactively to past requests, and it impacted everything from already-scheduled doctor’s visits to prescription refills. In some cases, treatments were stopped in the middle with little more than an official notice.

This new system also has problems, however, as in recent years reviewers have denied treatment in up to 91 percent of the cases. People who were receiving treatment for years suddenly found themselves left out in the cold, and many had to return to work to continue to pay for the medication they needed.

Christine Baker, who oversees workers’ compensation in California, has stated that the reform is “speeding up the decision making process” and taking the aid away from people who are using it for prescription abuse.

Many of the judges, including John C. Gutierrez, a workers’ comp jurist since the 1980s, are some of the biggest adversaries of the law. According to Gutierrez, “the only interest that’s being protected here is industry and I feel that their financial influence has had an impact on how this legislation came out.” He went on to say that he felt like workers “are losing their voice.”

This is a problem in the state regardless of gender, but when it comes to comparing women and men, there is an even bigger problem looming.

Gender Bias in Workers’ Comp Rulings

California Assemblywoman Lorena Gonzalez introduced a bill (AB305) on March 4, 2015 that aims to eliminate the gender bias in workers’ compensation rulings.

This comes after a Bay Area woman who suffers from Carpal Tunnel Syndrome, which damages the nerves in the hands and often limits movement, was denied workers’ compensation for a strange reason: she was postmenopausal, which meant that she was predisposed to nerve damage. 

The woman enacted the help of attorney Sue Borg who says that she sees many cases where a woman who is injured on the job and files a claim for compensation is “penalized” for things like pregnancies and menopause. “It seems like it should be obvious that we shouldn’t see this, but it happens in insidious ways all the time,” Borg said.

Gonzalez aims to ensure that being female does not constitute a preexisting condition, and hopes to stop the reduction of compensation for female workers based on pregnancies, breast cancer, menopause, osteoporosis, and sexual harassment. All of this discrimination is happening, even though there are laws against gender discrimination in the workplace.

Breast Cancer

One of the biggest problems facing women seeking workers’ compensation is breast cancer. There have been numerous reports of how breast cancer is treated among firefighters and police officers. According to the Corporate Counsel:

Gutierrez reports that the bill’s supporters claim gender bias in workers’ compensation is a big issue, and one that is “especially evident in the way breast cancer is treated among firefighters and police officers.” For instance, female police officers who have to undergo double mastectomies for breast cancer linked to hazardous materials on the job are considered 0 to 5 percent disabled, Gutierrez reports, whereas a male officer with prostate cancer is considered 16 percent disabled and would be paid for the injury.

One such case involves a San Francisco firefighter who was denied permanent disability after having to undergo a double mastectomy, as well as an Orange County hotel housekeeper who was injured on the job but only received two percent payment on her claim–despite doctors putting her disability level at 100 percent–due to prior conditions “related to childbirth, obesity, age and naturally occurring events.”

Pregnancy

Pregnancy has always been a fairly controversial issue when it comes to the workplace, but many women are now being denied workers’ compensation due to it, or facing claims that it is the “cause” of the problem. Things like back pain, muscle strain, and injuries caused by fatigue have all been attributed to pregnancy and not the workplace. “I’ve had a child, and if now being a mother is a pre-existing condition in California, I find that unacceptable,” said Christine Pelosi, chair of the California Democratic Party’s women’s caucus.

State Fires Back

The claims were immediately disparaged by the Workers’ Compensation Action Network, which said that payment decisions were never a result of discrimination. According to the Sacramento Business Journal: “A spokesman from Industrial Relations could not immediately produce data on gender-related bias or discrimination, but the agency will look into the matter and respond with its findings.”

Conclusion

The nation, and particularly California, has a lot of work to do in the coming months to try to look at reports and see if there is a problem. If there is, it could mean an inundation of old cases that may be able to be retried, meaning companies could owe a lot of money to women all over the state.

Surely California is only the beginning and more and more states, as well as the federal government, will have to look at their workers’ compensation laws and see if there are problems lurking in them. In the end, the people who don’t get covered by workers’ compensation won’t always work through their pain; many will end up on government subsidies, which means that the tax payers will have to cover the costs.

Resources

Primary

Department of Industrial Relations: Division of Worker’s Compensation California

Department of Industrial Relations: A Guidebook for Injured Workers

Additional

Corporate Counsel: Charges of Gender Bias in Workers’ Compensation

NPR: Injured Workers Suffer as ‘Reforms’ Limit Workers’ Compensation Benefits

Heartland Institute: Schwarzenegger Signs Workers Comp Reform

The New York Times: A Racy Silicon Valley Lawsuit and More Subtle Questions About Sex Discrimination

SF Gate: Gender Bias Rampant in Workers’ Comp Cases, Women’s Groups Charge

ProPublica: The Demolition of Workers’ Comp

NPR: As Workers’ Comp Varies From State to State, Workers Pay the Price

Property Casualty 360: California Workers’ Comp Bill Passes Legislature; Insurer Groups Cautious

BradBlog: Schwarzenegger’s Workers’ Comp ‘Reform’ Killed My Client

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Noel Diem

Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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Since I love baseball and it’s All Star week in the MLB, I decided that this week’s post would be about America’s favorite pastime. I could have gone the route of talking about Andrew Robert Rector, who is suing just about everybody in the baseball world for $10 million because he says announcers trash-talked him when he fell asleep at a Yankees-Red Sox game. Funny as that story is, however, everybody is talking about it. I like to be unique, and I knew there had to be a whole lot of other baseball stories out there. Lucky for you, I found some weird ones.

Just a Little Outside

If you’ve ever watched or gone to a baseball game, you know that there are a lot of balls flying around, as well as broken bat pieces and whole bats soaring through the air. And let’s not forget that a player might fall into the first few rows as he reaches over to make a spectacular catch.

If you are lucky enough to get a good seat at a major league game, you better be on guard. Even the seats warn you: watch out or you just might get hit. The bleachers at little league fields, though, usually don’t come with this warning. Elizabeth Lloyd, a New Jersey resident, probably wishes they did.

A few years ago, she was sitting at a table near a fenced bullpen when the catcher, warming up a pitcher, made an errant throw. The ball left the playing area and hit Lloyd in the face. She reacted in a totally rational manner and decided to sue the 11-year-old boy (13 by the time the suit was filed). I assume she was only trying to teach him the valuable life lesson that some people are horrible and like to do ridiculous, awful things like sue kids. I doubt he has the good sense to appreciate her help, though.

Lloyd is suing for $150,000 for her medical costs alone. Add onto this all of the money she “deserves” for her pain and suffering and what her husband expects for loss of consortium, and I really hope this kid has an extremely good allowance.

The suit claims that the boy’s throw was intentional, Lloyd was “assaulted and battered,” the throw was negligent and careless, and — I’m not making this up — the injury was caused by “inappropriate physical and/or sporting activity.” And I always thought that throwing a ball on a ball field or its practice areas was where you were supposed to play.

On top of all this, Lloyd is demanding a jury trial. I think that’s really ballsy. I certainly wouldn’t want to try to convince a whole group of people that the cute kid who was playing an innocent sport instead of being out causing mayhem in the community should be punished.

I’ve seen enough major league baseball games to know that those million dollar salaries don’t always mean perfect aim and control. I’ve seen errors that would shock even the most sports illiterate. And when these stupid errors occur, I hear announcers make the same type comment over and over.

“It’s like watching a little league game.”

“I haven’t seen that bad an error since little league.”

“He’s the best at his position in the league, but that play was straight out of little league.”

Courtesy of DEADSPIN.

That’s right, people. Little leaguers aren’t yet at that major league level of almost-but-not-quite perfect. They make a lot of errors, such as throwing a ball to a place or toward a person that they didn’t mean to throw it.

There is this thing called the “baseball rule,” which basically says you cannot sue for injuries caused by events that happen on the field because, since you know there is good risk you’ll get injured, you assume the risk when you attend. Shouldn’t this rule apply all the way down to those players who have less talent and skill than the big leaguers? I hope for the sake of this player and his family that this court thinks so.

There’s No Crying in Baseball

The problem with little league sports is that there is a lot of whining and temper tantrums involved. But since it’s a bunch of young kids playing, that is to be expected.

One such temper tantrum took place recently in California. A 14-year-old boy scored the game-winning run and, for some child-like, immature reason, he had the nerve to get excited. In his ridiculous happiness, he threw off his helmet to celebrate with his teammates and rudely threw it in the air — something every no professional player would ever do — admittedly after being told not to.

Courtesy of GIPHY.

As the helmet landed, it hit Alan Beck in the ankle, sending him into a major hissy fit. To be fair, the helmet allegedly tore his Achilles tendon, so I’d probably be a little upset, too; however, I most likely would not sue. I’m not a 14-year-old boy, though. Then again, this suer wasn’t either. He was a little bit older than the rest of the players, which is why he was coaching the team instead of playing on it.

Yep, the coach sued the player for $500,000. According to his lawyer, the coach has a case because “a guy who volunteers his time to coach should not be subjected to someone who throws a helmet in the manner that he did.” What? So what I’m hearing is that a baseball coach shouldn’t be subjected to normal baseball celebrations.

According to CBS Sports, the suit will likely be dropped for the above mentioned baseball rule, but even better, the coach said that he would simply drop the case – if the boy apologized.

The boy did what I would do in the same situation. He said no way! I wouldn’t apologize to a cry baby, either. I do hope, though, that the case is dropped before the family has to dish out any more money defending itself.

If you want to do a little research, there are a lot of these “sue little leaguers for not being perfect” cases out there. I never thought I’d have to say this, but can we all stop suing kids for ridiculous things? And happy second half of the baseball season: may your team win so long as your team is my team!

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Ashley Shaw (@Smoldering_Ashes) is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time.

Featured Image Courtesy of [Edwin Martinez via Flickr]

Ashley Shaw

Ashley Shaw is an Alabama native and current New Jersey resident. A graduate of both Kennesaw State University and Thomas Goode Jones School of Law, she spends her free time reading, writing, boxing, horseback riding, playing trivia, flying helicopters, playing sports, and a whole lot else. So maybe she has too much spare time. Contact Ashley at staff@LawStreetMedia.com.

The post For the Love of the Game: Lawsuits and Little League appeared first on Law Street.