Don Payne's life changed forever on Aug. 9, 2002. On that day, the outer pane of an improperly installed double-paned vinyl glass window shattered suddenly when he was trying to fix the mistake and reinstall the window. The exploding window knocked Payne off the ladder, toppling him 16 feet.
The fall was irrevocable: Payne needed two surgeries for a left wrist fracture, surgery for a crushed right thumb, and two surgeries to repair his left rotator cuff. The accident left 21 percent of his body disabled. Today, with his left arm he can lift only one pound over his head one time.
The surgeries, physical therapy, and follow-up medical care cost in excess of $60,000. Suffice it to say, Payne will never work construction again.
But what made matters far worse is that Payne says the builder of the Pleasant Grove, Utah, custom home refused to cooperate with state workers' comp officials or be a part of Payne's case in any way. Another major problem was that the builder, Dan Karren, owner of Karren Construction, was operating at the time without a proper license. Payne says it wasn't until after his fall that Karren disclosed to the rest of the crew that the builder did not have workers' comp insurance.
“I thought he was a licensed contractor,” says Payne. “He was working three jobs at the time and seemed to know what he was doing. He was definitely experienced in construction.”
According to Payne, repeated attempts to reach Karren proved futile. Payne says Karren changed his address and cell phone number and dropped out of sight after the accident. Repeated calls by BUILDER to a phone number supplied by Payne's attorney resulted in a busy signal. Other attempts by the magazine to locate Karren were also unsuccessful.
The situation has taken its toll on Payne, who had to leave his apartment and now lives in a group home for $200 a month.
“My credit was ruined, and I had to go on food stamps and welfare,” says Payne, now 48.
“It took me about three weeks to get my final paycheck,” Payne says. “I'm a golfer and an archer. I like to hunt with a bow, but I'll never use the bow again because my left arm is shot.”
Payne did find two lawyers to help him. One, Craig McAllister, worked out an agreement with the state workers' comp system to recover $60,000 in medical expenses. Payne now also receives roughly a $1,000 monthly disability payment from the state.
The other lawyer, Ed Wells, is still negotiating with the window company, Window Products, now known as Cascade Windows, headquartered in Spokane, Wash. The attorney for the window company, Daniel McConkie, says the company has never heard of a case like this, where a window exploded. He says Window Products flatly denies any wrongdoing.
Payne's case is troubling on many accounts. Unfortunately, the best he can hope for is that the Utah authorities find Karren in some way. Let's hope they do catch up with Karren—and any other builder who operates without workers' comp insurance.