Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, May 14, 1993 TAG: 9305140258
SECTION: VIRGINIA PAGE: B1 EDITION: METRO
SOURCE: MICHAEL STOWE STAFF WRITER
DATELINE: LENGTH: Medium
Mary Duncan, 56, and Ivery Boysaw, 44, died Oct. 18, 1991, when they tried to clean up liquid ether that had overflowed from a tank they were loading.
The workers compensation claims were filed late last year by Duncan's husband, Roy, and Boysaw's 10-year-old daughter, Jamille.
John Costa, deputy commissioner for the Workers Compensation Commission in Roanoke, on Wednesday upheld Hercules Inc.'s defense that the deaths were caused by the women's own misconduct. Hercules Inc. is the government contractor at the arsenal.
A hearing before Costa was held May 4.
Duncan and Boysaw violated rules by entering a confined dike area around the tank without permission, most likely to "prevent detection of the spill and avoid disciplinary action and possible dismissal," according to an Army report issued last year.
Costa ruled that benefits be denied because both women had attended a July 1990 safety meeting and knew about the rule.
"By their presence in the containment dike, the women manifestly `undertook the forbidden act,' ignored the instructions given to them during a safety meeting by their foreman and walked right by a `Danger' sign which should have served as a reminder that the area was a restricted one," said the opinion.
Workers compensation allows injured workers - or, in case of death, the worker's family - to collect two-thirds of their weekly salary for up to 500 weeks.
Duncan was earning $479.64 a week when she died and Boysaw was earning $455.90.
The ruling can be appealed to the full Compensation Commission.
Attempts to reach the lawyers representing Duncan and Boysaw were unsuccessful. Dale Webb, Hercules' attorney, said he was pleased with the ruling.
Roberta Adams, Boysaw's mother, sobbed into the telephone at the mention of her daughter's name.
"It's still hard to deal with," she said. "It always will be."
Keywords:
FATALITY
by CNB