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View Full Version : Exotic dancer worker's comp upheld



desertbird
10-10-2007, 07:41 AM
I'm all for stripper's rights, but isn't falling off the pole just a risk of the job? If I am correct in how a stripclub operates, it's like a barber shop, and the girls give a portion of the take or pay a fee to be allowed to dance....
I'm sorry the girl hurt herself, but if a barber were to cut off the tip of his finger while giving a haircut, would the shop be liable for worker's comp? :confused:
...Talk amongst yourselves.....
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Exotic dancer worker's comp upheld
http://news.yahoo.com/s/ap/20071010/ap_on_fe_st/injured_dancer;_ylt=AjrDQxWTVj2i8UaxHSRUUMouQE4F
Wed Oct 10, 8:34 AM ET
An Indiana appeals court upheld a worker's compensation award Tuesday for an exotic dancer who was injured while performing on a pole at a strip club.
The Indiana Court of Appeals ruled in favor of Angela Hobson and ordered the state Worker's Compensation Board to determine if she was entitled to double compensation.
Hobson claimed she suffered neck pain and numbness after injuring herself while dancing at the Shangri-La West club in Fort Wayne on Dec. 20, 2001. She underwent surgery for a herniated disc in her cervical spine, according to court records.
Hobson said she reported her injury to her employers, but they later denied knowledge of the injury.
In 2006, the compensation board awarded her temporary total disability benefits and other compensation totaling more than $10,000 and found that Shangri-La did not have a worker's compensation policy and was not approved as a self-insurer.
Shangri-La appealed, arguing that the board erred when it found Hobson more credible than its witnesses. But the court declined to reweigh the evidence and upheld the original award, adding a 5 percent increase due to the passage of time.
The court also instructed the board to determine whether Hobson was entitled to double compensation due in part to the allegation that Shangri-La violated state law by not having worker's compensation insurance.
Dino Zurzolo, who owned the club at the time, said the lack of worker's compensation insurance at the time was a temporary oversight due to a missed payment.
A phone message left late Tuesday for attorney Samuel Bolinger, who represents Wholesalers Inc., the company that does business as Shangri-La, was not immediately returned.

selfmade
10-10-2007, 07:49 AM
i don't know about whether this is right or wrong, but i would love to get a fade with some big tits in my face:D

HokeySon
10-10-2007, 07:50 AM
what's the issue?
the girl was working and got hurt. that is what worker's comp is for. It is a no fault system.
You could just as easily say that a steel worker shouldn't be covered because falling from a girder is a risk of the job.
And yes the barber in your example would be entitled to workers comp.
The problem here is that the club owner did not carry workers comp ins -- so it is going to be stuck with the bill. I don't see a problem with that either since I am sure that Indiana, like most states, requires employers to carry workers comp.

Jyruiz
10-10-2007, 07:52 AM
i don't know about whether this is right or wrong, but i would love to get a fade with some big tits in my face:D
Who wouldn't.:D

Kachina26
10-10-2007, 08:02 AM
I'm all for stripper's rights, but isn't falling off the pole just a risk of the job?
I kinda thought that's what worker's comp was for, to cover the risks of the job. :confused: If not, then could you explain what it is for?

hoolign
10-10-2007, 08:04 AM
I kinda thought that's what worker's comp was for, to cover the risks of the job. :confused: If not, then could you explain what it is for?
That is what comp is for " on job injuries"
He owns a few buisness down there so the "missed payment" sounds fishy:idea:

thatguy
10-10-2007, 08:09 AM
However, aren't 1099 employees required carry there own insurance? Just wondering, I don't know.
Tommy

desertbird
10-10-2007, 08:11 AM
However, aren't 1099 employees required carry there own insurance? Just wondering, I don't know.
Tommy
That's what I was thinking. I didn't post this to entice a bash, just a liveley discussion! :D
In fact, the first thing I thought of was this timeless little gem....
Pole Dancer (http://www.youtube.com/watch?v=ztG9VjB57MI)
LOL...who covered her injuries I wonder? Homeowners?

R.A.D.man
10-10-2007, 08:15 AM
Maybe the girls are hired as independent subcontractors so that they are not covered by the business owners workers comp. That coverage is for the employees on the payroll, managers, bartenders, barbacks, waitresses, cooks and cleaning crews.

desertbird
10-10-2007, 08:16 AM
Or this one?? (http://www.youtube.com/watch?v=3h9b_Zier88&mode=related&search=)

desertbird
10-10-2007, 08:19 AM
...ahh jeez. YouTube is full of 'em now. This might be my favorite (http://www.youtube.com/watch?v=FvQ7zL3w5Y8&mode=related&search=)

HokeySon
10-10-2007, 08:25 AM
Maybe the girls are hired as independent subcontractors so that they are not covered by the business owners workers comp. That coverage is for the employees on the payroll, managers, bartenders, barbacks, waitresses, cooks and cleaning crews.
There has actually been a lot of litigation on whether strippers are IC's or employees. I read those cases because .... well .... because they involve strippers. The club owners want them to be IC's to avoid benefits and workers comp etc., but I think all of the cases I have read classify them as employees.
There is even a strippers union and clubs that are union shops up in SF. Now there is a conversation starter for Hot Bot: Stripper unions, good or bad?

R.A.D.man
10-10-2007, 08:42 AM
There has actually been a lot of litigation on whether strippers are IC's or employees. I read those cases because .... well .... because they involve strippers. The club owners want them to be IC's to avoid benefits and workers comp etc., but I think all of the cases I have read classify them as employees.
There is even a strippers union and clubs that are union shops up in SF. Now there is a conversation starter for Hot Bot: Stripper unions, good or bad?
I'd like to be the head of that union,
"Fantasia, please cum to my office, it time for you to pay your dues":D

Jordy
10-10-2007, 08:46 AM
Leave Britney alone!!!! :D :D :D

Strippoker
10-10-2007, 09:59 AM
Ok so seeing how been part of the industry going on 8 years now and my wife now owns a magazine for the industry guess I will put in my 2cents. Many clubs now have the girls on the employment list that way they can provide care to the girls. If a club doesnt carry workmen comp its a major deal an many clubs have been shut down for it. As for paying house fees to work if a dancer gets hurt she can still come after the club and in several case have for unsafe work areas. Often it is the girls choice to be on the list or not but this often will mean they make less as the club takes a larger cut. However now days girls are advised to become INC. that way the lawsuit coverage and insurance is much better. As for unions well ask KAMGUY about those. Injuries on the pole are alot more common then they are reported. Recently a girl here in SD was slipped GHB in her drink by some low life and she blacked out and fell from the pole 8' to the floor on her head, I have seen Mrs.SP fall off the pole due to some dancer before wearing lotions. When it comes to rental poles we have a huge waiver we make people sign before the pole even goes up in the house.

Sleek-Jet
10-10-2007, 10:05 AM
I kinda thought that's what worker's comp was for, to cover the risks of the job. :confused: If not, then could you explain what it is for?
Ripping off business owners... :D

MudPumper
10-10-2007, 10:15 AM
This girl has some talent...:D :D :D
http://www.youtube.com/watch?v=vvO0MXEVsJA&NR=1

Baja Big Dog
10-10-2007, 10:19 AM
As an IC it is the responsibility of the owner to make sure the contracted has the appropriate insurance, and if the person gets hurt while supplying the "contracted" services to the "contractor" the "contractor" can be held liable for ALL expenses if negligence is proven.
Even if releases are signed, or contracts are written, negligence is negligence, and we know the "contractor" will be the one to get screwed!!

Kachina26
10-10-2007, 11:44 AM
Ripping off business owners... :D
What was I thinking? The answer was so obvious :D

CBadDad
10-10-2007, 03:41 PM
The problem with this case, as I see it for the dancer, is that some of these club owners are pretty sketchy individuals, as is the management. If she gets her payment, she better get out of town and change her name, otherwise she may not live long enough to spend her settlement.

SHOCKtheMONKEY
10-10-2007, 04:46 PM
...ahh jeez. YouTube is full of 'em now. This might be my favorite (http://www.youtube.com/watch?v=FvQ7zL3w5Y8&mode=related&search=)
LMAO!!!

desertbird
10-10-2007, 10:10 PM
LMAO!!!
G I R L F I G H T ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! !:devil: