Court Upholds Exotic Dancer’s Workers Comp Claim

INDIANAPOLIS — In a decision issued Tuesday, the Indiana Court of Appeals upheld a workers compensation claim entered by an exotic dancer who was injured while working the pole at a Fort Wayne, Ind., strip club in 2001.

In upholding the claim of dancer Angela Hobson, the court further ordered that the state’s workers compensation board determine whether she is due double compensation on her claim, due to the fact that the club failed to carry workers compensation insurance at the time of Hobson’s injury.

According to court documents, Hobson began her employment as a dancer at the Shangri-La club in Fort Wayne on Dec. 7, 2001, and was injured less than two weeks later. On Dec. 20, Hobson was on stage “performing a pole trick when she sprung around the pole and felt a pull in her neck,” according to testimony in the case.

After receiving treatment for her injury, including surgery performed in January 2002, Hobson filed an application for an adjustment of claim with the state workers compensation board. In June of last year, the board awarded Hobson temporary total disability benefits and other compensation.

In its ruling, the workers compensation board issued several findings of fact and law, including that Shangri-La “did not have a policy of workers compensation insurance and was not approved by the board as a self-insurer at the time of the alleged injury.”

The board’s ruling noted that witnesses for Shangri-La “adamantly deny knowledge of the injury and deny noticing that [Hobson] was absent from work around January 14, 2002, the date [Hobson] underwent her first cervical spine fusion.” The club, however, didn’t present any evidence that established whether Hobson was present for work or absent from the time of her surgery in 2002.

The board further noted that the club “did not have adequate procedures for recording work injuries, did not maintain adequate business records, did not have workers compensation coverage in place and did not have a notice of coverage posted,” adding that if Shangri-La had provided appropriate coverage and postings “it is at least possible that this dispute would have been resolved long ago.”

In its appeal of the board’s ruling, Shangri-La argued that there was “insufficient evidence supporting the board’s award to Hobson,” but that argument essentially was deemed irrelevant by the court, given the limited scope of its review of the case on appeal.

“As we consider this argument, we note that we are bound by the board’s findings of fact and may not disturb its determination unless the evidence is undisputed and leads undeniably to a contrary conclusion,” the court wrote in its decision. “It is the duty of the board, as the trier of fact, to make findings that reveal its analysis of the evidence and that are specific enough to permit intelligent review of its decision.”

The upshot of Shangri-La’s argument, the court noted, was that “its witnesses were more credible and its evidence more weighty than Hobson’s,” but that argument simply was not among the things the court could consider in the case, according to the court’s decision.

“[W]e neither assess witness credibility nor reweigh the evidence when reviewing an award of the board,” the court wrote. “Here, Hobson testified that she injured herself on the job and presented a substantial amount of medical evidence supporting that testimony. It was for the board to decide whose story was more believable. The board believed Hobson, and we cannot predicate error on that conclusion. Consequently, we affirm the board’s judgment in favor of Hobson.”

Attorney Rob Apgood told XBIZ that the case is an example of why it is important for businesses to carry insurance covering employees who engage in any manner of rigorous physical activity on the job — not just exotic dancing.

“They should have covered their employees with workers compensation insurance, knowing that dancers’ jobs involve more strain and risk of injury than do most jobs,” Apgood said. “Not carrying the insurance was a bad business decision.”

Read the court's decision

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Video: FSC's Alison Boden Testifies Before California Assembly Committee Regarding Age Verification

Free Speech Coalition Executive Director Alison Boden testified before the California Assembly on Tuesday, in opposition to the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Republicans Behind Oklahoma's New Age Verification Law Gleeful About Potential Pornhub 'Exit'

Republican Gov. Kevin Stitt has signed into law Oklahoma’s version of the age verification legislation being sponsored around the country by anti-porn religious conservative activists.

Eldorado to Distribute Wellness Center Products From Doc Johnson

Eldorado Trading is now carrying Verséa Wellness Center products in partnership with Doc Johnson.

Orion Unveils 2 New Vibrators From 'Javida' Line

Orion Wholesale has introduced two new vibrators from its Javida line.

Fun Factory to Debut Updated 'Share Vibe Pro'

Fun Factory will be releasing the new Share Vibe Pro on Wednesday to mark "Couples Appreciation Day."

Woodhull Freedom Foundation Debuts 'Fact Checked by Woodhull' Program

The Woodhull Freedom Foundation has launched its new "Fact Checked by Woodhull" program, which uses peer-reviewed research, compiled and analyzed by professional researchers, to debunk myths weaponized to justify the repression of sex, sexuality and gender expression.

Supreme Court Denies Stay of Texas' Age Verification Law

The U.S. Supreme Court has denied a request by Free Speech Coalition (FSC) and other plaintiffs to stay Texas’ controversial age verification law while the court decides on a petition that would effectively overturn it on constitutional grounds.

Tonga Now Shipping New Lubes, Pleasure Sets

Tonga BV is now shipping a collection of six new personal lubricants, as well as five limited edition pleasure sets, from La Nua.

Swiss Navy Debuts 'Pride' Lubricant Bottle

M.D. Science Lab, maker of Swiss Navy, has introduced a new Pride bottle for its premium silicone lubricant.

Chaturbate Reaches Settlement With Texas Over Age Verification

Chaturbate’s parent company, Multi Media, has reached a settlement with Texas regarding the state’s controversial age verification law, HB 1181.

Show More