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Post by Michael Coello on Mar 15, 2011 16:40:23 GMT -5
Perhaps she is arguing she was put against a particularly unsafe wrestler, or the conditions at TNA contributed to her injury/difficulty recovering. But that's not Worker's Comp. Worker's Comp is about re compensation of salary lost during a time of injury. |
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Celgress
Bill S. Preston, Esq.
The Superior One
Posts: 19,009
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Post by Celgress on Mar 15, 2011 16:43:36 GMT -5
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Post by donners on Mar 15, 2011 16:45:11 GMT -5
She wasn't cleared to wrestle for over a month following her injury in a dark match, so presumably she would have missed a few bookings.
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Post by veldfire on Mar 15, 2011 16:46:54 GMT -5
It's possibly another case of outsiders not knowing enough about the specifics to say with certainty (in regards to the legalities here.)
I hope Daff feels better and heels up cleanly. At least that way she will be able to continue her career elsewhere on a full time as desired basis.
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Post by kevservo on Mar 15, 2011 18:32:05 GMT -5
I have to side with TNA on the whole injury thing, as much as I adore Daff. In the words of JR "This ain't ballet".
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Post by jrcz on Mar 15, 2011 19:00:58 GMT -5
I have to side with TNA on the whole injury thing, as much as I adore Daff. In the words of JR "This ain't ballet". Well technically it is. |
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Yami Daimao
Patti Mayonnaise
Really, really wants to zigazig ah!
Posts: 31,784
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Post by Yami Daimao on Mar 15, 2011 20:12:05 GMT -5
God dammit, TNA.
Well, at least it's good to know Madison is definitely safe.
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Raging_Demons
Don Corleone
I Can Ride My Bike With No Handlebars, No Handlebars, No Handlebars!
Posts: 1,620
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Post by Raging_Demons on Mar 15, 2011 20:22:32 GMT -5
So, she's suing because she got injured? Unless I'm missing something (which I could be), how can that be something that you can sue for? I mean, I would assume all wrestlers know that they could end up getting hurt. I don't know how it works in Florida for Worker's Comp but in California I had to sue my employer's for Worker's Comp because I wasn't getting the health care that I needed. The doctors were mostly pumping me full of the good stuff of painkillers like Vicodin & Oxycontin without curing the actual symptoms. I ended up settling my Worker's but in California, thanks to reforms to Worker's Comp from "The Governator" injuries are now like items on a menu for a settlement. Example: Broken Arm could earn let's say $500 or a separated shoulder could earn $250, and so on. So I can COMPLETELY sympathize with Daffney getting hoarked over on Worker's Comp. |
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Post by GaTechGrad on Mar 15, 2011 21:08:21 GMT -5
I doubt Daffney has much of a case, since wrestlers are classified as independent contractors, who must furnish their own health insurance.
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Post by ________ has left the building on Mar 15, 2011 22:17:19 GMT -5
I really hope she get paid for all the sacrifices she put her body through for TNA. |
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Post by kevservo on Mar 15, 2011 22:37:58 GMT -5
I have to side with TNA on the whole injury thing, as much as I adore Daff. In the words of JR "This ain't ballet". Well technically it is. Granted, I don't know how Worker's Comp works in Florida, or if it covers professional wrestling. I just hope I see my Dark Queen back on my TV sooner rather than later. |
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Post by jadison on Mar 15, 2011 22:59:59 GMT -5
Rasslinnewz.org is reporting that D'Lo Brown is behind Daffney's release.
On an unrelated note, he also feels that Rob Terry is a "helluva hand"
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Post by Chuckie Finster on Mar 16, 2011 1:22:11 GMT -5
If she can prove TNA cherrypicks which wrestlers get their medical bills paid for, then she has a shot. Hernandez had his checks garnished to pay for his neck surgery.
I can't imagine this going to trial. TNA will try to reach a settlement, especially after the Konnan fiasco.
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Post by Perpetual Nirvana on Mar 16, 2011 2:18:51 GMT -5
So, she's suing because she got injured? Unless I'm missing something (which I could be), how can that be something that you can sue for? I mean, I would assume all wrestlers know that they could end up getting hurt. Well she said herself she can't say anything about it. So I doubt we'll get anymore details until it's resolved, maybe not even then. If she is suing over the chokeslam through the barbed wire board at Bound For Glory 09 I do find that kind of weird since that was obviously a planned spot, as opposed to the Rosie match where she was injured accidentally at the hands of a very green worker. I don't believe that. Again, Daffney said herself she can't go into details. So how the hell do they know? |
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ICBM
King Koopa
Didn't know we did status updates here now
Posts: 12,288
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Post by ICBM on Mar 16, 2011 10:51:13 GMT -5
I love her and if she is gone too bad. There are however many other reasons to enjoy TNA so I will look to them for comfort. Could you....could you list those out, please? Yes but this thread is already five pages so I will not. |
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Post by Red Impact on Mar 16, 2011 11:23:26 GMT -5
So, she's suing because she got injured? Unless I'm missing something (which I could be), how can that be something that you can sue for? I mean, I would assume all wrestlers know that they could end up getting hurt. I'm not a lawyer and don't know how this works, but I'm pretty sure knowing that there are risks doesn't absolve a company from paying for any injury that occurs on a job. All jobs have risks, after all. That said, the whole independent contractor thing could very well preclude them from having to pay for anything. |
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Post by Michael Coello on Mar 16, 2011 12:15:20 GMT -5
So, she's suing because she got injured? Unless I'm missing something (which I could be), how can that be something that you can sue for? I mean, I would assume all wrestlers know that they could end up getting hurt. Well she said herself she can't say anything about it. So I doubt we'll get anymore details until it's resolved, maybe not even then. If she is suing over the chokeslam through the barbed wire board at Bound For Glory 09 I do find that kind of weird since that was obviously a planned spot, as opposed to the Rosie match where she was injured accidentally at the hands of a very green worker. I don't believe that. Again, Daffney said herself she can't go into details. So how the hell do they know? Because they are THE INTERNET, AND THE INTERNET KNOWS ALL!!!!!!!... Was that over the top? I can never tell..... |
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Post by Perpetual Nirvana on Mar 16, 2011 12:23:01 GMT -5
Dammit TNA done f***ed up now  how could they let THIS go I couldn't have been the only one that was (mentally) screaming TURN AROUND during this. You mean like this?  |
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Post by Alex Shelley on Mar 16, 2011 12:33:13 GMT -5
So, she's suing because she got injured? Unless I'm missing something (which I could be), how can that be something that you can sue for? I mean, I would assume all wrestlers know that they could end up getting hurt. I'm not a lawyer and don't know how this works, but I'm pretty sure knowing that there are risks doesn't absolve a company from paying for any injury that occurs on a job. All jobs have risks, after all. That said, the whole independent contractor thing could very well preclude them from having to pay for anything. Two very good points. A job having risks that the employee is aware of prior to the job does NOT mean the company doesn't have to pay comp, and that's a ridiculous and frightening idea. However, because she IS an independent contractor, I'm not sure if things are in her favor. But KC James somehow got unemployment from WWE, so you never know what could happen, haha |
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Post by Andrew is Good on Mar 16, 2011 21:33:02 GMT -5
So, she's suing because she got injured? Unless I'm missing something (which I could be), how can that be something that you can sue for? I mean, I would assume all wrestlers know that they could end up getting hurt. Well she said herself she can't say anything about it. So I doubt we'll get anymore details until it's resolved, maybe not even then. If she is suing over the chokeslam through the barbed wire board at Bound For Glory 09 I do find that kind of weird since that was obviously a planned spot, as opposed to the Rosie match where she was injured accidentally at the hands of a very green worker. I don't believe that. Again, Daffney said herself she can't go into details. So how the hell do they know? I'm thinking it's the Rosie deal, as she may've got post concussion due to that, that's my guess. And she can't go into details with the public, but TNA probably knows. This issue should be brought up more, and I hope it sets a precedent. The same thing happened to Jerry Lynn, injured due to being in the ring with a green worker. He of course was fired a few months later and I think Jerry should have taken legal action with that. Then again, if Jerry had his bills paid for and surgery paid for, I think that's fine, even though they did put him in a dangerous situation. There are risks involved in pro wrestling, but like in any job, there are risks. In my job, for example, I work at heights, the highest so far being 300 plus feet. However, we're supplied training, harnesses, training with harnesses, etc. You send someone up there who doesn't have proper training, it could lead to disaster. And as a Journeyman, I'm responsible for any apprentices underneath me, especially the 1st years. So you have an issue like this, did TNA know how much experience Rosie had? Has she been dangerous before? During the match, were precautions taken place that when she got injured, the ref didn't throw up the x sign and stop the match? Was he trained to handle situations like that, because I think Jimmy Kordares mentioned stuff like that. Were injuries compounded by other things? Again, we don't know this information, but this idea that, well, there are risks involved with wrestling. But, what was done to decrease the risks? I do understand shit happens, but to just say shit happens to everything is asinine. |
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