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Marijuana


ADAM LEE'S WIDOW: WORKERS' COMP PAYOUTS HALVED OVER POSITIVE POT TEST

Michael Roberts July 19, 2018 6:01AM

Adam Lee wearing a Loveland T-Shirt while posing with his kids in a photo shared
in October 2017. Facebook

In May, the Occupational Safety and Health Administration issued a damning
preliminary report about the late-2017 death of forty-year-old Loveland Ski Area
employee Adam Lee, who suffered crushing chest injuries while working on the
Magic Carpet, a motorized beltway used to teach kids how to ski.

The document essentially characterizes Adam as an innocent victim. But his
widow, Erika Lee, says Pinnacol, the company that administers workers'
compensation payments in Colorado, is trying to withhold half of the money she
should be receiving to support her three kids because Adam's autopsy revealed
high levels of THC in his blood.

Of course, marijuana use is legal in Colorado. But the substance remains illicit
on the federal level, and this disconnect has led to controversy on multiple
fronts. Look no further than the 2015 ruling against Brandon Coats, a paralyzed
medical marijuana patient who was fired from his job at DISH Network following a
positive drug test despite a current MMJ license and a complete dearth of
evidence that he'd ever used cannabis on the job.

There are parallels between the Coats case and the situation involving Adam.
"They are claiming he was intoxicated," Erika says, even though postmortem tests
aren't able to determine if the THC was active or a remnant of previous use that
would have left him entirely sober at the time of his death. She maintains that
"no one is making them do this. But they're looking at this as a way to not pay
benefits. And the same thing is happening with Adam's life insurance," issued by
Sun Life.




RELATED STORIES

 * Loveland Ski Area Safety Violations in Adam Lee Death: His Widow Reacts
 * Mysterious Hour Before Adam Lee Was Crushed to Death at Loveland Ski Area
 * Adam Lee's Widow Upset by Silence Over His Loveland Ski Area Death


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While a recent Denver7 piece focused on the marijuana connection, the situation
as a whole isn't new. After the OSHA report was made public, Erika told us
that Loveland "is still fighting me. It was four months before we got any money
at all, and I still have only one-third of the workman's compensation — and
they've been trying to take away more of it away for safety rules Adam
supposedly violated. But the report shows Loveland was 100 percent involved."

In response, Loveland marketing director John Sellers offered the following
statement: "Loveland Ski Area is examining and assessing the findings received
from OSHA. Upon completion of our assessment of the findings, we will timely and
appropriately respond to OSHA."


The Magic Carpet at Loveland Ski Area after the accident.
Colorado Passenger Tramway Safety Board
He added: "We continue to mourn the death of Adam Lee and extend our thoughts to
his widow, children, family and friends."

The first major study of what happened to Adam was released by the Colorado
Passenger Tramway Safety Board in mid-January, but it raised as many questions
as it answered. Its authors revealed that there was nothing mechanically wrong
with the lift, even though Adam spent more than an hour beneath it. The Magic
Carpet only stopped after its mechanism was jammed by his body.

According to the CPTSB report, the Magic Carpet was fired up for the first time
on December 28, 2017, at around 9 a.m., and its operator "observed no indication
of mechanical or electrical problems with the conveyor."

At between 10:15 a.m. and 10:30 a.m. that morning, the operator saw Adam arrive
at what's described as the "top terminal."

Adam is said to have "smiled and waved to the operator as he opened the hatch
cover of the conveyor and accessed the crawl space" under it.

The report stressed that "the conveyor was in operation at this time and
continued to operate normally to the skiing public" — a statement that was
quizzical on two levels.



For one thing, the Magic Carpet's operator hadn't called for lift maintenance.
But neither did he shut off the beltway as Adam climbed under it even though
"industry standards prohibit the performance of maintenance beneath a conveyor
while the conveyor is in operation."

At 11:22 a.m., the Magic Carpet automatically stopped. The initial indication
was "an overspeed fault," the document maintains.

The beltway's operator responded by notifying lift maintenance of the problem,
and a repair worker arrived within minutes.

The report didn't say whether or not the employee was informed about Adam having
climbed beneath the lift around an hour earlier. Instead, it simply pointed out
that the staffer attempted to "clear the overspeed fault and restart the
conveyor belt," but "each restart immediately indicated a speed reference fault
and the belt did not move."

The repair worker suspected "an ice buildup on the drive or return roller that
was jamming the roller and prohibiting belt movement," the document continued —
so he accessed the top terminal crawl space and began looking under the
conveyor.



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The maintenance tunnel beneath the Magic Carpet.
Colorado Passenger Tramway Safety Board
Doing so wasn't as simple as climbing into the aforementioned tunnel. Four bolts
had to be removed from the lower terminal hatch in order to take out the panel
above the tension roller.

That's when the employee "discovered the entanglement" caused by Adam's body.



The maintenance worker quickly cut the conveyor belt and pulled the tension
roller in order to extract Adam, who was rushed to a nearby medical center,
where he was pronounced dead. And as Erika interprets the OSHA report, all those
restarts resulted in tragedy.

"They started the Magic Carpet on him seven times," she says. "They told him to
go down there, and his backpack was there, his tools were there. They knew he
was down there, but they ran it seven more times. And if they hadn't, he'd still
be alive today."

Afterward, Erika accused Loveland representatives of trying to blame Adam for
his own death, even floating the theory that he was suicidal at one point. But
the OSHA report's authors made it clear that Loveland, as represented by its
owner, Clear Creek Skiing Corporation, erred when it came to enforcing safety
measures. The report notes fifteen total items of concern: thirteen marked
"serious," two designated as "other-than-serious."

The first citation maintains that Clear Creek didn't properly evaluate the space
under the Magic Carpet "to determine if this work space included any recognized
serious safety or health hazards that would classify the tunnel as a
permit-required confined space. This condition exposed employees to the hazard
of getting caught in the rollers and moving parts." Other complaints involve a
failure to forbid employees from going into the crawl space beneath the Magic
Carpet when it was running and an absence of procedures that would have
prevented the device from being switched on when someone was down there.


Adam and Erika Lee.
Facebook
Nonetheless, Erika is yet to receive all the workman's compensation payments she
believes she's due. "I'm supposed to get two-thirds of them," she notes. "The
first third was taken away because of social security, because they say I would
be double-dipping. But you're supposed to be able to live on the other
two-thirds — and they're taking away 50 percent of the benefits because of the
THC in his system."

In Erika's view, the OSHA analysis proves that "this was Loveland's fault, which
is what makes what's happening so devastating. They're not taking any
responsibility for it. They sent him under there, and it had nothing to do with
anything he had in his system."

According to her, "There's no rule that says Pinnacol can't pay everything.
They're choosing not to pay it. They could say, 'This is a widow with three
kids. Her husband was killed at work and she needs help.' And it's going to be
really hard to survive without the benefits I'm supposed to get."

After Adam's death, Erika moved back to Michigan, where the family had been
living prior to their arrival in Colorado. But she reveals that the clan is
returning to the state soon so she can take a job as a kindergarten teacher in
Georgetown. Her kids are thrilled, since they've missed their Colorado friends
and the support they received from members of Adam's family who live here. But
her salary is modest, and she'll need every dime to keep a roof over everyone's
head.

Right now, a hearing before an administrative law judge is slated for August 30,
and Erika is prepared to make her argument because "it's the right thing to do.
If I thought Adam caused what happened or that it was his fault, I wouldn't be
fighting it. And the laws don't match, which is going to make it even harder to
win. But I'm a widow with three kids, and they need to be provided for."

She emphasizes that "no amount of money will bring Adam back. But when you're at
fault for something, when you take away someone's life, you need to take
responsibility."



Click to read the May 2018 OSHA report about Adam Lee's fatal accident.
KEEP WESTWORD FREE... Since we started Westword, it has been defined as the
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media under siege, it's more important than ever for us to rally support behind
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Make a one-time donation today for as little as $1.

Michael Roberts has written for Westword since October 1990, serving stints as
music editor and media columnist. He currently covers everything from breaking
news and politics to sports and stories that defy categorization.
Contact: Michael Roberts
Follow:
Facebook: Michael Roberts
Twitter: @mikerobertscolo



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Commentary


OP-ED: CONGRESS NEEDS TO INVEST IN HOME CARE WORKERS, PASS BBB

Charmayne Phillips March 13, 2022 6:06AM

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Black women like me voted in huge numbers in 2020 because we wanted leadership
that would deliver for our communities. We voted in a new wave of leaders who
promised to build an economy that works for everyone and advances racial and
economic justice, so every person — no matter our race, background or job title
— can have a voice on the job and a chance to care for our families.

While much has been accomplished to create new jobs and keep communities safe,
Congress has yet to deliver on the bold promises made to Black workers and
voters. Members of Congress made a commitment to working families across our
country, especially the millions of underpaid care workers, our clients and
families — and they must deliver, by passing historic investments in good jobs,
our care economy and our climate. If they don’t, they can’t expect us to deliver
for them in the midterms. Broken promises do not inspire voter turnout.

I’ve been a home-care worker for 25 years, and I know from firsthand experience
that care is essential for our communities. Home-care workers like me provide
skilled compassionate care to older adults and people with disabilities,
allowing them to live with dignity and independence at home. We help families go
to work knowing their loved ones will be in good hands.

I take deep pride in what I do, but it is a constant struggle. While our cost of
living continues to rise, our wages stay shamefully low. On top of that, care
workers deal with serious issues like discrimination, sexual harassment and lack
of basic benefits. I still don’t have paid leave, so I often must choose between
taking time off and a paycheck, which, given my low wages, isn’t really a
choice. Recently, two beloved clients passed away. I was devastated, but there
were bills to pay, and I could not afford even one day off to grieve.




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For too long, home-care workers, who are largely Black, Latina, Asian and
Pacific Islander, indigenous and immigrant women, have been underpaid,
undervalued and denied the chance to thrive. This is directly tied to systemic
racism and sexism, and it has to change.

Every day, low pay, lack of benefits and training, and unsafe working conditions
are driving skilled workers from the field, creating a serious shortage of
providers at a time when our population is aging rapidly. Already, the U.S. will
need to fill an estimated 4.7 million home-care jobs by 2028.



For us to be able to take the best possible care of our clients, we need to be
able to take care of ourselves as well. That is why I joined Colorado Care
Workers Unite, to join together with other care workers to win fair pay, respect
and a union voice so we can advocate for ourselves and our clients. It’s also
why Colorado needs President Joe Biden’s investment in home care — which invests
$150 billion in creating and improving care jobs and expanding access to care
for seniors, people with disabilities and working families — to pass the Senate
as quickly as possible.

Investing in care cannot wait. Raising wages and standards is critical to
recruiting and retaining care workers to meet the growing need. And it is an
important step to begin to right the wrong of an economy that has long
undervalued the labor of women of color.

President Biden’s investments in comprehensive paid leave, child care and in
improving our environment — all paid for by fairly raising taxes on big
corporations — will make a lasting impact for local workers, families and the
next generation by creating jobs and lowering costs. After nearly two years of
the COVID-19 pandemic, we can’t wait any longer to unrig the rules of our
economy.

As a medical professional, I took an oath to take care of people, and I have
kept my word. Our elected leaders in Congress also took an oath. And workers
like me will hold them to their commitments. Now is the time to deliver on the
promise of a better future for all, where every person has access to quality and
dependable care, and every care worker can live with dignity and respect.
Congress: Invest in home care.

Charmayne Phillips

Charmayne Phillips is a certified nursing assistant who has worked as a
home-care provider in Colorado for over 25 years; she is a leader with Colorado
Care Workers Unite.

Westword frequently publishes op-eds and essays on matters of interest to the
community; the opinions are those of the authors, not Westword. Have one you'd
like to submit? Send it to editorial@westword.com, where you can also comment on
this op-ed.
KEEP WESTWORD FREE... Since we started Westword, it has been defined as the
free, independent voice of Denver, and we'd like to keep it that way. With local
media under siege, it's more important than ever for us to rally support behind
funding our local journalism. You can help by participating in our "I Support"
program, allowing us to keep offering readers access to our incisive coverage of
local news, food and culture with no paywalls.
Make a one-time donation today for as little as $1.




TRENDING NEWS

 * Firing Flight Attendants Who Watched an iPad Will Cost United $2.3 Million
 * Denver Police Union Station Sweep: Allegations Against 43 People Busted
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Commentary


OP-ED: HUNTSMAN SPIDERS AND THE ART OF WAR

Chris Boeckx March 13, 2022 5:38AM

Chris Boeckx

When I finished college in 2008, I felt compelled to serve my country as a
United States Peace Corps volunteer. I spent two years training teachers and
building a modest library in a quaint village in eastern Thailand. Surprisingly,
I also learned a great deal about the art of war.

Thai people taught me humility, hard work, selflessness and presence. Thai
spiders, on the other hand, taught me the nuances of careful de-escalation in
the face of existential conflict. Thai spiders also taught me that, beyond a
certain point of no return, even the most peace-loving pacifist must engage in
war or die.

Type “Thai Huntsman Spider” into your search engine. Now, imagine finding one of
these atrocities perched on your bathroom sink when you reach to turn on the
faucet. Stop. Do not engage until you regain control over your breath, pulse and
mind. Yes, it’s going to take a minute. No, you cannot skip this step if you
want any chance of success. Composure is critical because, at least at first
glance, your enemy remains completely connected to the moment. He still sees all
of the options available to him. If you choose to proceed without the same
perspective, you will almost certainly be driven off the battlefield (or out of
the bathroom, as the case often was for me in Thailand).

You have a fleeting opportunity at this stage: If you leave the spider
undisturbed and return to the wider world, you might avoid war altogether. By
the time you return to your bathroom, the spider will often be gone, content
with its current sphere of influence over fruit flies, gnats and the occasional
small rodent. Having seen you in the periphery (and he did see you), the
huntsman will usually share your desire to keep on living independently of one
another. While war may come eventually, it need not come at once.




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We’ve been dancing this dance with a huntsman named Vladimir since the end of
the Cold War. Time and again, we’ve locked eyes over the past thirty years —
over Syria, Iraq, Libya, and on and on. Time and again, we’ve remembered that
only one side can survive a direct military confrontation between our two
nuclear powers. And time and again, we’ve turned our heads just long enough for
Vladimir to crawl back into the shadows and simmer.

Not this time. Vladimir has done what all huntsmen eventually do in the face of
a perceived existential threat. He’s spread his legs in a fit of menace. He’s
raised his hair in a warning that speaks as much to his own fear of death as to
the possibility that he might harm us. He’s charged headlong into the fight.

Here again, the Thai Huntsman is instructive. Once a huntsman charges, there is
no turning back. I have tried to stand up to a charging huntsman. He won’t stop.
I have tried to run away from a charging huntsman. He won’t relent. I have tried
to redirect a charging huntsman with non-lethal blows from whatever broom or rag
I might have handy. He will not be deterred. Once a huntsman chooses war, he
commits both himself and you to the process. There is no other choice.

As weeks turned into months and years in the Peace Corps, I learned that the
only way to respond to a charging huntsman is to crush it. Quickly. Completely.
Until it is dead. No other path leads to peace. Any delay results in being
chased, or bitten, or driven away.



I hated killing huntsman spiders. I didn’t go to Thailand to kill anyone or
anything. But hating the war does nothing to obviate its need once a huntsman
makes its choice.

We stand on the brink of a global conflict the likes of which we have never seen
before. Every fiber of my being wishes we could simply turn our heads and let
Vladimir crawl back into the shadows; I expect all reasonable readers feel the
same way. But Vladimir has already spread his legs. He’s already begun the
charge. And we have only one choice left to make: Cede the disputed territory
(Ukraine? All of Europe? The World?) or kill the huntsman.

Once I came to understand the zero-sum game of the huntsman, I developed a
consistent approach to dealing with a charge. I would stand tall while the
huntsman came at me. I would still myself as it closed in on my feet. Then I
would drop a large book on its head. The size of the book was key: It had to be
three or four times the size of the spider itself. So while the huntsman might
dart left, right, forward or backward in a last-ditch move to continue the
fight, it would do so without hope.

NATO and the United States must prepare ourselves for war. The Ukrainian people
are brave, fierce and committed to fighting for their democracy. But their best
efforts seem destined to fail in the face of Russian military might. We are
using them in a futile effort to thwart the huntsman without eliminating it
entirely. It won’t work. It is time for us to stand tall, raise a book high in
the air, and drop it on Vladimir’s head.



To be sure, I do not arrive at this conclusion lightly or without solemn
appreciation for the dire human costs of direct conflict with Russia. We will
all suffer in the weeks and months ahead. But we cannot diminish the cost of
this war by delaying it now. The huntsman has already crossed a point of no
return.

Chris Boeckx is the co-founder Boeckx Law LLC.

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