By Phyllis Zorn, Staff Writer
Enid News and Eagle
OKLAHOMA CITY —
Zaloudek Grain Co. has paid a $750 fine assessed by the Oklahoma Department of Labor, but continues to fight its workers’ compensation insurance company.
Labor officials levied the fine on account of the grain company not having workers’ compensation insurance when Bryce Gannon and Tyler Zander, both 17, lost legs in a grain auger Aug. 4 at the Kremlin elevator. DOL determined the company obtained insurance on Aug. 9.
Don Schooler, general counsel for the state Labor Department, said DOL has closed the file on the matter between them and Zaloudek, because the fine has been paid and the company currently has workers’ compensation insurance.
Zaloudek Grain and its insurance company, CompSource Oklahoma, continue to battle over whether the insurance company should pay Bryce and Tyler’s medical bills.
Zaloudek claims in its lawsuit, filed Aug. 30 in Oklahoma County District Court, that the insurance company breached its contract. Zaloudek Grain seeks “well in excess of $1 million” for medical expenses for Bryce and Tyler, as well as the company’s legal expenses.
District Judge Barbara Swinton earlier dismissed Zaloudek’s claim that CompSource acted in bad faith.
Juan J. Rodriguez, spokesman for the Occupational Safety and Health Administration, said OSHA continues to investigate the accident. Investigators have until early February to complete their review of Zaloudek’s operation, Rodriguez said.
Neither Richard Hornbeek, lawyer for Zaloudek Grain, nor James Johnson, lawyer for CompSource, returned a call from the News & Eagle on Monday.
