Friday, December 26, 2014

How Santa Can Improve Safety And Prevent Injuries

When we talk to employers about safety, the most common question asked is “What can we do to create a culture of safety?”
This is quite a question, and there really is no direct answer that will work for each employer.  Every employer brings their own set of circumstances, their own environments, their own staff issues, and so on. But the most common start can be with watching what their employees are doing each and every day.  If you want safety, you cannot just talk about it.  Sure it is great to talk the talk, but you have to walk the walk.
“He See’s You When You’re Sleeping, He Knows When You’re Awake, He Knows If You’ve Been Bad Or Good, So Be Good for Goodness Sake”
Santa would be a heck of a supervisor, he always has eyes on you.  His approach on keeping kids in line would be a helpful training for all the supervisors out there looking to improve safety.
Just like Santa, the first step starts with the supervisors watching their staff.  When an incorrect action or unsafe act is observed, it should be seen as an opportunity to prevent and correct that behavior from happening again before an injury happens.  Supervisors cannot be everywhere at once, but their constant involvement is what will lay the path of correction.
 A useful tool is the Employee Safety Observation sheet.  Each supervisor should be spending time throughout the week watching their staff, and if a safety infraction occurs they should be immediately pulled aside and the employee safety observation form should be completed, signed off on, and corrective action implemented.  Whether or not you discipline is up to you, but disciplinary measures are always helpful to reinforce the fact that the old way of doing things is long gone.  The sooner you implement corrective action, the closer you are to creating an atmosphere and culture of safety at your plant. 
Document & Report The Naughty or Nice List
I have attached a sample form below, and this can be modified or changed to fit any department, any job, and any measure.  Be creative, and stick to your guns on these issues.  Remember it has to be drilled home that the old way of cutting corners is a thing of the past.  The sooner your workers realize this, the safer your plant can become.
Capture

WHERE UNSAFE BEHAVIOR WAS OBSERVED ADDRESS THE FOLLOWING:

Reason employee gave for unsafe behavior:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

Constructive corrections:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

Follow-up (if necessary):
__________________________________________________________________________________________________________________________________________________________________________________________________________________________

Where no unsafe behavior was observed provide the following positive reinforcement/recommendations:
__________________________________________________________________________________________________________________________________________________________________________________________________________________________
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, December 25, 2014

Merry Christmas & happy Holidays from The Law Office of O'Toole & Sbarbaro, P.C.


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, December 22, 2014

Obesity Could Be a Disability, EU Court Says Obesity Could Be a Disability, EU Court Says

Billund, DK (WorkersCompensation.com) - Karsten Kaltoft of Billund, Denmark, spent 15 years working as a daycare provider for the city. But in 2010, the city yanked his employment contract and fired him.

The city of Billund claimed to base his dismissal on a dwindling number of children needing care, but did not specify why it chose Kaltoft for the chopping block. What was discussed during his exit interview, however, was the fact that Kaltoft is - and had been throughout his 15-year employment with the city - obese.

Although the city denied Kaltoft's obesity was a motivating factor in his dismissal, the man's union sued for employment discrimination. The Danish court hearing the case asked the European Court of Justice whether EU law prohibits obesity discrimination at all, and whether obesity can be considered a disability for employment-law purposes.

In an opinion issued Tuesday, the EU high court held that obese persons are not - in and of themselves - a protected class of people under either Europe's employment laws or in its constitution. But the condition may be a disability that must be accommodated like any other limitation, the court said.

"That concept of 'disability' must be understood as referring not only to the impossibility of exercising a professional activity, but also to a hindrance to the exercise of such an activity," the Luxembourg-based court wrote. "Any other interpretation would be incompatible with the objective of EU law, which aims in particular to enable a person with a disability to have access to or participate in employment."

The court added: "The concept of 'disability' does not depend on the extent to which the person may or may not have contributed to the onset of his disability."
Like any disabled worker, employers must make accommodations so that employees can work - and advance - like anyone else. The fact that the city of Billund may not have accommodated Kaltoft does not mean he can't be considered disabled under the law, the court said.

The Danish court must decided whether Kaltoft meets the EU's legal definition of disabled, which "must be understood as referring to a limitation which results in particular from long-term physical, mental or psychological impairments which in interaction with various barriers may hinder the full and effective participation of the person concerned in professional life on an equal basis with other workers," the court concluded.

Interestingly, the city of Billund gave Kaltoft - as part of its health initiative - financial incentives to lose weight in 2008. He lost weight but gained it back by the following year, according to the opinion.
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, December 8, 2014

The Law Office of O’Toole & Sbarbaro, P.C. remembers Dave Conner.

The Law Office of O’Toole & Sbarbaro, P.C. is saddened by the passing of Dave Conner.  Dave Conner was a supervisor, mentor and good friend to John Sbarbaro during his tenure at the United States Attorney’s Office.  His full obituary appeared in the Friday, December 5, 2014, Denver Post and can be found here:  Longtime prosecutor, Denverite Dave Conner dies of cancer - The Denver Post


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Wednesday, December 3, 2014

What percentage of earnings should be replaced by temporary disability benefits?

Workers’ compensation levels for temporary disability are of critical importance to workers and their families.  Any discussions I’ve read recently are around “benefit adequacy” of temporary disability benefits.  This is, of course, critically important but misses some important points.

Workers’ suffer from work-related injuries.  No one can share the physical and psychological pain.  Workers’ compensation is intended to offset the financial impact in terms of lost wages.  In addition to the pain and suffering of the work-related injury, workers must also bear the earnings lost that are not compensated by workers’ compensation temporary disability payments.  As with uncompensated waiting periods and earnings above the maximum insurable, workers are self-insured for the difference between what they lose in wages and what they get in compensation.

The obvious benefit adequacy argument characterizes the loss as a worker deductible.  It also shifts the cost of work-related injury from employer to worker.  The lower the cost to the employer, the less the incentive to invest in worker safety and return-to-work initiatives.  Workers’ compensation costs are part of the prevention feedback mechanism.  The historic trade-off that made workers’ compensation the exclusive remedy envisioned that costs of workplace injury would not unduly shift costs as well as the burden of injury upon the worker.

How much of the worker’s loss should be compensated?  The National Commission on State Workmen’s Compensation Laws (July 1972) said the following:
We recommend that cash benefits for temporary total disability be at least two-thirds of the worker's gross weekly wage. The two-thirds formulation should be used only on a transitional basis until the State adopts a provision making payments at least 80 percent of the worker's spendable weekly earnings. (See R3.6 and R3.7)  [Emphasis added]

Here we are more than four decades after Professor Burton’s authoritative and comprehensive report and the fact is only 10 US state have made progress toward meeting this recommendation.  By contrast, all Canadian jurisdictions could be assessed as having met the recommendation with the majority exceeding the “at least 80% of net” standard set out in the report’s recommendation. [see accompanying table]



Beyond the benefit-adequacy argument, the financial costs of work-related injury being borne by workers are real and measurable cost.  Workers and their families bear other costs and there can be debates about what estimates of those ought to include.  Temporary Disability losses are easily quantifiable into the portion covered by workers’ compensation insurance and the portion self-insured by the workers themselves.

If the work at least 80% of that loss.  Clearly a handful of US states and most Canadian jurisdictions have found ways to meet this standard.  Doing so may be fundamental to preserving workers’ compensation as the essential social insurance program it has become in the world today.
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, November 27, 2014

Happy Thanksgiving from The Law Office of O'Toole & Sbarbaro, P.C.

Happy Thanksgiving from The Law Office of O'Toole & Sbarbro, P.C.


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Tuesday, November 11, 2014

Law Office of O'Toole & Sbarbaro, P.C. Thanks Our Veterans



The Law of Office O'Toole & Sbarbaro, P.C. would like to thank all of our veterans for giving their lives and service to this great country.


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Tuesday, October 14, 2014

Disfigurement Benefits - Law of Office O'Toole & Sbarbaro, P.C.

From the archives of the Law Office of O'Toole & Sbarbaro, P.C.

Disfigurement benefits are provided for in § 8-42-108, C.R.S. Section 8-42-108(1), C.R.S. permits an Administrative Law Judge (“ALJ”) to award disfigurement benefits up to a maximum of $4,673.47 if the claimant is “seriously, permanently disfigured about the head, face or parts of the body normally exposed to public view. . . .” The ALJ may award up to $9,345.38 for “extensive facial scars” and other conditions expressly provided for in § 8-42-108(2), C.R.S. These awards are subject to annual adjustment’s on July 1st the Director of the Division of Workers’ Compensation pursuant to § 8-42-108(3). C.R.S. Disfigurement benefits are awarded for the “observable impairment of the natural appearance of a person.” Arkin v. Industrial Commission, supra. The ALJ is afforded great discretion when determining the amount of compensation to be awarded for disfigurement. Section 8-42-108, C.R.S. The ALJ views the disfigurement and is in the best position to assess what amount is appropriate. An ALJ’s determination regarding the amount of the disfigurement award, in the absence of an abuse of discretion, cannot be successfully challenged. An ALJ only abuses his discretion if the order “exceeds the bounds of reason.” Rosenberg v. Board of Education of School District #1, 710 P.2d 1095 (Colo. 1985).


Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Wednesday, September 24, 2014

Pair of Brit Employers Fined

While injuries were avoided, a pair of British employers still got the message that safety is paramount.

A Kidderminster carpet company and a Surrey-based firm have been fined after a large pressure vessel, in which carpet fibers are dyed and processed, exploded, propelling the vessel’s quarter-ton lid six meters into the air.

No-one was injured in the incident at Brinton Carpets Ltd’ssite at Halesfield, Telford on June 4, 2013, but the dangerous incident could have been prevented.

The Health and Safety Executive (HSE) carried out an investigation this September and prosecuted Brintons Carpets Ltd, the owner and user of the pressure vessels and Allianz Engineering Inspection Services Ltd, who were contracted to carry out periodic thorough examinations of the dye vessels.

Telford Magistrates’ Court heard that each of Brintons Carpets’ four stock dye vessels, each described as industrial pressure cookers, were pressurized while in use.

During a production run, one of the vessels exploded. The lid, which weighed approximately 250kg, was torn off its locking mechanism and hinges and hit the roof of the factory six meters above. Such was the force of the collision that it left a dent in one of the factory roof girders.

One worker was standing just a few feet from the where the lid came to rest.

The explosion was found to have been caused by a failure of the vessel’s regulator and pressure relief valve. HSE found Brintons Carpets Ltd had not ensured that suitable and sufficient maintenance of the vessel’s safety devices was being carried out. In addition to this, the periodic statutory thorough examinations had not been completed for three years.

A Written Scheme of Examination was in place at Brintons Carpets Ltd, which included the stock dye vessels in question. Although Allianz Engineering Services Ltd were carrying out periodic thorough examinations on the other pressure equipment on site, the HSE found that the four stock dye vats had been overlooked for a number of years. Allianz Engineering Services Ltd, therefore, failed to carry out the required examinations on the vats properly.

Both Businesses Plead Guilty

Brintons Carpets Ltd of Stourport Road, Kidderminster, Worcestershire, pleaded guilty to breaching Regulation 12 of The Pressures Systems Safety Regulations 2000 and was fined more than $16,000 and ordered to pay costs of nearly $2,000.

Allianz Inspection Services Ltd of Ladymead, Guildford, Surrey, pleaded guilty to breaching Regulation 9(2) of The Pressures Systems Safety Regulations 2000 and was fined more than $21,000 and ordered to pay costs of more than $1,800.

Speaking after the hearing, HSE inspector Lyn Mizen remarked,“There are clear standards set out in the regulations and strict inspection regimes whereby the user has a duty to ensure that equipment, and its safety devices, are properly maintained. This is backed up by the periodic thorough examinations by competent persons to ensure this is happening and is appropriate and suitable.”
Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, September 22, 2014

Interesting Lawsuit in Tampa about a California Comp Claim

ABC News affiliate WFTS is reporting that Brad Culpepper, a former Tampa Bay Buccaneer has been sued by an insurance company claiming "fraud and deceit."

According to NFL.com he played for two seasons with the Vikings, six seasons for the bucs and one season for the Bears. According to WFTS, he "parlayed fame on the field into success as a personal injury attorney."  They say that in 2010 he filed a California workers' compensation claim. They note that California had "no statute of limitations and any player who had ever played a game in the state was eligible to file."

The story also says that Mr. Culpepper "was the lead plaintiff in the recent NFL brain injury lawsuit, which was tentatively settled for $765 million."

WFTS says that an insurance company has filed suit regarding the California claim, which was settled in 2011 for $175,000. The "suit says he told doctors pain interfered with his daily activities, concentrating and thinking 'a lot, or most of the time.'" The suit also alleges that in 2012 Mr. Culpepper "earned a black belt in mixed martial arts," and that "last year, both Culpeppers (he and his wife) competed on 'Survivor'" (a reality television show). 

Mr. Culpepper's attorney, Scott Shutzman, commented to WFTS. He affirmed that Mr. Culpepper's responded to "questions honestly." He addressed the activities with mixed martial arts (MMA) and the television show, saying "There's nothing that I've seen that says an 89 percent disability rating says you can't be on a TV show, or do an MMA workout." He asserts that the injuries to Culpepper were "confirmed by no less than 14 or 15 MRIs, various x-rays, legions of doctors."

Mr. Culpepper "told the I-Team (WFTS) he has had multiple surgeries, has a room full of medical records and wants to do an on-camera interview, but his attorney told him not to at this time."

Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, September 11, 2014

Making History: 9/11 Museum Exhibit Designer Ricardo Mulero

NEW YORK, NY -- Like many New Yorkers, Ricardo Mulero has a September 11th story. He was getting off the subway at Greenwich Village in Lower Manhattan on his way to work, when he stopped to see what a crowd of people were looking at. Just seconds before, United Airlines Flight 175 had crashed into the South Tower of the World Trade Center.
Thirteen years later, Mulero has a different perspective on that tragic day, one that has earned him a historic- and prestigious role. Mulero led the team that created the National September 11 Memorial & Museum exhibition, which opened last May. In this capacity, Mulero and his team atThinc Design worked with the museum team, architects and engineers to help plan the museum’s structure as well as the presentation of the many artifacts remaining from that tragic day.





COURTESY OF RICARDO MULERO
Inside the National September 11 Memorial Museum exhibit, whose design team was led by Ricardo Mulero.

“Unlike any other history project that I have worked on, it was something that I had been part of,” Mulero told NBC News. “That became kind of interesting.”
Having previously worked on exhibitions at the U.S. Holocaust Memorial Museum and the Freedom Park in Pretoria, South Africa, Mulero was in a prime position to take charge of this monumental project. Still, the Puerto Rican designer, who also studied architecture and preservation, faced major challenges, not the least of which was the fact that the museum itself is quite massive, at around 125,000 square feet.
“We analyzed the space and instead of looking at the obstacles, we tried to look at what were the opportunities here,” Mulero said.
Many of the artifacts included in the exhibition are quite large, such as the remains of the World Trade Center’s large steel frames and a damaged fire truck recovered from the site. Displaying these was not only a feat of design but of engineering as well.
Like in all museums, the artifacts had to be mounted, but mounting large metal structures isn’t so easy. Mulero’s team had to figure out ways to preserve the visual integrity of the artifacts, so that they were differentiated from the engineered mounts. To do this, they painted the mounts gray so that they were less noticeable.





COURTESY OF RICARDO MULERO
The "Survivors Stairs" display at the National 9/11 Museum and Memorial Exhibition. Mulero led the exhibition's design team.

The site of the museum itself was also on display, Mulero explained, providing the design team with the chance to contain the exhibits within the archaeology of the former WTC site. Mulero said the design team' ultimately favored an "austere approach" to the exhibition, making the site an artifact itself.
“We maintained that because we felt it evoked the absence of something monumental that was no longer there,” Mulero said. “It was almost like designing an exhibition that was invisible in a way, because the objects are so powerful in themselves that they evoke devastation and monumentality."
Beyond the technical hurdles of designing this museum, there was the emotional element. People around the world had seen the devastating events unfold, either in person or on television.
Added to that, Mulero had to determine ways to reconcile the tragedy in New York with the 9/11 events at the Pentagon in Washington, D.C. and Shanksville, Pennsylvania. Given the museum’s national scope, Mulero said that no choice in the museum could be made arbitrarily.“Everything has a powerful message or significant story. Everything has a purpose in this museum,” said the Latino designer.





Add caption
LUIS CARLE
Puerto Rican architect, designer and preservationist Ricardo Mulero.

While his own memories of that day remain etched in his mind, designing the museum’s exhibition has given him new perspective on what the moment in history symbolizes. Having spent over four years working with materials from that day, Mulero said he can now begin to see why many victims’ families wanted so badly for the museum to be built.
He hopes his imprint at the museum can inspire others to prevent similar atrocities from happening again.
“For future generations, I hope that they can use such an event as a positive message to better the world and use [the museum] as a resource,” Mulero said.
Original Source

Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Thursday, September 4, 2014

Do you know what to do if you encounter an active shooter in the workplace?



Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Monday, September 1, 2014

Happy Labor Day from the Law Office of O'Toole & Sbarbaro, P.C.




Contact the Law Office of O'Toole & Sbarbaro, P.C. today if you have a workers' compensation or a Social Security disability case.
Phone: 303-595-4777
We are located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 
Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.

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Friday, August 29, 2014

JOHN ANTHONY SBARBARO, M.D., M.P.H.



JOHN ANTHONY SBARBARO, M.D., M.P.H.

It is the three year anniversary of my father’s passing and we thought you would enjoy the article from the O’Toole Report published shortly following his death three years ago.

John A. Sbarbaro

        It is with great sadness that we inform our readers of the passing of John Anthony Sbarbaro, M. D., M.P.H., on August 30, 2011.  John often stated he was the luckiest man in the world and passed in the presence of many friends and family.

        John was the grandson of immigrants from Italy.  His grandfather Antonio Sbarbaro landed on the shores of Louisiana in 1880 (prior to the creation of Ellis Island) and quickly set up business as an organ grinder.  Shortly, thereafter, Antonio’s monkey died and he moved to Chicago to set up Sbarbaro and Co., the City of Chicago’s first and oldest Italian-American owned funeral business.  On March 9, 1886, he renounced his loyalty to the King of Italy and was sworn in as a U.S. citizen.

        Sbarbaro and Company located at 708 N. Wells St. was established in 1885 and its doors remain open to this day.  John was proud of the fact that Sbarbaro and Co. has served all segments of the community in Chicago, having buried respectable members from such families as the Wrigleys of chewing gum fame to such notable gangsters as Earl “Hymie” Weiss and Daniel O’Bannion. The Sbarbaro Funeral Home’s original telephone number was SUPERIOR 0094. It was 0094 because it was the 94th telephone number assigned in the City of Chicago. That number, now (312) 787-0094, remains the phone number for the Sbarbaro Funeral Home.  If you have any family members in the Chicago area who are soon to depart this world, please feel free to contact that number for your end of life needs.

        John was born in 1936 to Anthony and Marie Sbarbaro.  John was raised in the city of Chicago, Illinois, where he met his high school sweetheart, and wife of 50 years, Marlene.They attended nearby colleges in Minnesota.  Marlene graduated from Saint Theresa and John graduated from St. Mary’s College.  John and Marlene were married on August 26, 1961. In 1962 John then went on to earn his medical degree from Johns Hopkins School of Medicine and his Master in Public Health from the Harvard School of Public Health in 1968. They have three children and seven grandchildren.

        With his formal education complete, between 1965-1986, Dr. Sbarbaro served in several capacities at the Denver Department of Health and Hospitals, but primarily as the Director of Public Health and Preventive Medicine.  Since 1969, Dr. Sbarbaro has served in many capacities at the University of Colorado Health Sciences Center, School of Medicine, where he held professorships in the Departments of Medicine and Preventive Medicine and finished his career there as the Medical Director of University Physicians, Inc.  Between 1986 and 1989 Dr. Sbarbaro was the Vice President for Medical Affairs at St. Anthony Hospital Systems.  Since 2008 he has been the Medical Director at the Leprino Foods Company. He retired in 2000 as a Colonel in the United States Army Reserve Medical Corps.

        In spite of all his formal education and physical separation from his childhood home in Chicago, John never left his true roots in how he resolved disputes. For example, in the early 70’s when St. Anthony’s Hospital and Denver General were competing for trauma patients, St. Anthony’s rejected an agreement that would keep its ambulances out of the city in return for the City and County of Denver staying out of the suburbs. Shortly after negotiations broke down a St. Anthony’s helicopter landed in the City and County of Denver and its ambulance blade was quickly bumped by a passing Denver General Hospital Ambulance.  The Chief Operating Officer for St. Anthony’s contacted John, and the following exchange took place.  “John, your ambulance bumped by helicopter.”  John responded, “God, Dutch, I am so sorry you know we have a lot of clumsy ambulance drivers, and of course, we are going to have an ambulance there every time you land in the City and County of Denver.  I sure hope this doesn't happen again, but I can’t promise it.”  Shortly thereafter, an agreement was reached were St. Anthony’s would not land its helicopter in the City and County of Denver and Denver General  ambulances did not go into the suburbs. ¹

        Throughout the years John explored the world with Marlene and together they visited, among other places, Israel, Italy, Switzerland and Russia.  He enjoyed spending time playing golf and getting together with family and friends.  He also spent a lot of time enjoying the company of his seven grandchildren.  Many of his friends have remained the same since he moved the family to the west suburbs in Lakewood, Colorado, in 1968.

        Dr. Sbarbaro was a world renowned expert in the field of Tuberculosis. During his career he worked with the Centers for Disease Control, the World Health Organization, the Institute of Medicine, the U.S. Institute of Allergy/Infectious Disease and the Institute of Heart/Lung, the Department of Health and Human Services, and the Food and Drug Administration.  He authored 18 book chapters and more than 160 journal articles.

        Often Neil or I would call my Dad to run medical issues by him.  His views were always unbiased, to the point, and clear in their direction.  His influence and guidance upon my career continues to this day.  I value the time spent in his presence and treasure the counsel he provided.  He will be dearly missed.


1 Eilenn Welsome, Healers and Hell Raisers, Denver Health’s First 150 Years.  (Denver: Paros Press, 2011). Page 147-148.

School of Medicine - University of Colorado, Article on John Anthony Sbarbaro

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