Taylor and
Associates, PLLC: Phoenix’s largest workers’ compensation law firm
volunteers their services to the families of the 19 members of the Granite
Mountain Interagency Hotshot Crew of the Yarnell Hill forest fires for help on
any issues for the workers’ compensation claims.
In an
investigation conducted by the Wildland Fire Associates, a non-profit
organization, it has been concluded that (as reported in part):
·
FIRE BEHAVIOR WAS EXTREME AND EXACERBATED BY THE OUTFLOW BOUNDARY
ASSOCIATED WITH THE THUNDERSTORM (which caused the fire). THE YARNELL HILL FIRE
CONTINUALLY EXCEEDED THE EXPECTATIONS OF FIRE AND INCIDENT MANAGERS, AS WELL AS
THE FIREFIGHTERS.
·
ARIZONA STATE FORESTRY DIVISION FAILED TO IMPLEMENT THEIR OWN
EXTENDED ATTACK GUIDELINES AND PROCEDURES…
·
THE INCIDENT MANAGEMENT DECISION PROCESS FAILED TO RECOGNIZE THAT
THE AVAILABLE RESOURCES AND CHOSEN ADMINISTRATIVE STRATEGY OF FULL SUPPRESSION
AND ASSOCIATED OPERATIONAL TACTICS COULD NOT SUCCEED…
·
RISK MANAGEMENT WEIGHS THE RISK ASSOCIATED WITH SUCCESS AGAINST
THE PROBABILITY AND SEVERITY OF FAILURE. ASFD FAILED TO ADEQUATELY UPDATE THEIR
RISK ASSESSMENT …[i]
As a result of the investigations, the Arizona State Forestry Division (“ASFD”)has
been cited for violating A.R.S 23-403 (A) “Willful Serious”, an Arizona OSHA statute
The [ASFD] did not furnish each of [the firefighters]
employment and a place of employment which were free from recognized hazards
that were causing or likely to cause death or serious physical harm to their
[firefighters]…. [Furthermore], When the ASFD knew that suppression of
extremely active chaparral fuels was ineffective and that wind would push
active fire towards non-defensible structures, firefighters working downwind
were not promptly removed from exposure to smoke inhalation, burns, and death.[ii]
And, A.R.S. 23-418.01 the“[a]dditional penalty for willful or
repeated violation causing employee permanent disability or death covered by
workers' compensation….” The additional penalty spoken of is $25,000.00 which
is to be given to the dependents of the fallen firefighters or the estate of
those that died, who did not have dependents.
For the full press release click here.
Arizona firefighters are a vital part of our
community. They risk their lives day in and day out to protect our homes, our
families, and us. Serving Arizona’s injured workers since 1975, Taylor and
Associates, P.L.L.C. currently works closely with many fire departments and
individual firefighters and is offering free representation for those families
affected by the Yarnell fire on any worker compensation claims.
Procedure= settlement possibility, hearing before Industrial Commission of
Arizona (“ICA”) Administrative Law Judge (“ALJ”), appeal to OSHA review board.
Contact: Taylor and Associates, P.L.L.C at www.injuredworker.com or by phone at 1-800-358-2287
[i] O'Brien,
Dan, Elizabeth Anderson, Barry Hicks, Dave Larsen, and Darrell Schulte. United
States, Arizona. Arizona Division of Occupational Safety and Health. Granite
Mountain IHC Entrapment and Burnover Investigation: Yarnell Hill Fire - June
30, 2013. Wildland Fire Associates, 2013. Web.
[ii]
Industrial Commission of AZ Division of O.S.H.A. Citation and Notification of
Penalty, Inspection No. L3419-317242683, Issuance Date: 12/05/2013.
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