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In the movie Jurassic Park John Hammond creates a theme park on a tropical island where genetically altered dinosaurs roam and serve as the main attraction. Construction and operation of the park were a huge undertaking and involved many complex employment relationships. Watch the movie carefully and answer the questions below to the best of your ability. It can be found on YouTube for $3.99 or other sources like Hulu, Peacock, or Netflix.Your answers should be well thought and should reflect your understanding of the Workers Compensation principles that we have discussed thus far. Assume for all questions that the laws of the state of Ohio and thus, the BWC, apply to Jurassic Park (unless otherwise instructed in the question).NB: Keep the numbers and the same question flow.
1.In the opening scene a worker is eaten by a dinosaur being unloaded from a cage to its enclosure at the park. Assuming that he is an employee of Jurassic Park, who is entitled to file for Workers Compensation benefits on his behalf? What type of benefits would he/she be entitled to? Under what statute?
2.What do you need to know to help make the determination as to whether or not the eaten worker referred to in question #1 was in fact an employee of Jurassic Park and not an independent contractor?
3.Is Dr. Grant an employee of Jurassic Park? Why or why not? If not, what other classification may he fall under?
4.Is Dr. Ellie an employee of Jurassic Park? Why or why not? If not, what other classification may she fall under?
5.Can Dr. Ellie recover under Workers Compensation for the injury to her leg? Why or why not? If the answer is yes, what types of things would be covered?
6.At one point we see Nerdy driving off the beaten path thru the park. While doing so, he gets into an accident, gets out of his jeep, and is subsequently sprayed with poison by a dinosaur. Can he file a claim for Workers Compensation? If you answered yes, what are some obstacles to recovery that you think he may encounter?
7.What type of additional information would be needed to make a determination that Dr. Malcolm was independent contractor and not an employee of Jurassic Park for Workers Comp purposes?
8.Assuming that Dr. Malcolm is not an independent contractor for Jurassic Park, but instead is a subcontractor. The general contractor is a company called GenEx and GenEx has contracted with Jurassic Park to ensure that the park is compliant with all relevant safety regulations. Who would be responsible for paying for Dr. Malcolms Workers Comp claim?
9.What additional information is needed to decide if anyone working at Jurassic Park may qualify to make a federal Workers Comp claim under the Defense Base Act as opposed to a state Workers Comp claim with the Ohio BWC?
10.What type of federal Workers Comp claim could those mining for Amber to get dino DNA possibly file? What disease would they have to contract to make a stronger argument for recovery in the federal claim?Required Text Book: Workers’ Compensation Law by Neal R. Bevans.
