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Old 01-08-2009, 10:58 AM   #1
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Porn Talent Agents to be held liable for porn talent on set injuries?

From ********.com

1/8/2009

LOS ANGELES ? Adult entertainment talent agents who are insured by State Compensation Insurance Fund and send performers to production sets of uninsured studios might be in for a shock if the porn star gets injured ? they could be on the hook for a workers compensation claim.

State Fund, which manages the bulk of employers? workers comp insurance in California, has changed its policy over workplace responsibility when adult entertainment agents book talent with uninsured production companies, according to adult industry attorney Michael Fattorosi, www.adultbizlaw.com [pictured].



Fattorosi told XBIZ that he had a half-hour long conversation with a State Fund underwriter Tuesday that revealed a bombshell over liability when he asked a question involving a new Porn Valley talent agent Fattorosi represents.

?State Fund told me that they feel there is a problem in the adult entertainment industry over injuries suffered on the set, and that someone has got to cover the performers,? Fattorosi said. ?They are basically saying that the adult industry needs to police itself in regards to workers compensation insurance.

?It appears that they are taking the position that if an agent does not check whether a production company is insured, that agent can ultimately be responsible for benefits if that performer suffers an injury on set. This is a radical departure since it has been commonly believed that performers were not employees of the talent agencies."


Read the rest at www.********.com
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Old 01-08-2009, 11:00 AM   #2
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well why should porn be exempt from workers comp??

if someones asshole implodes from triple anal shouldnt the production company be liable?!
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Old 01-08-2009, 11:01 AM   #3
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interesting
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Old 01-08-2009, 11:01 AM   #4
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Things are a changin...
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Old 01-08-2009, 11:02 AM   #5
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sure why not...have to offer a safe place to work
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Old 01-08-2009, 11:02 AM   #6
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Don't kill the messenger.
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Old 01-08-2009, 11:05 AM   #7
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Again it comes back to that police yourselves message. Do people get hurt that often on porn shoots? Been shooting over 8 yrs for myself and others and no one ever get hurt while shooting.How hurt can you get a on fluffy bed? lol
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Old 01-08-2009, 11:07 AM   #8
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Again it comes back to that police yourselves message. Do people get hurt that often on porn shoots? Been shooting over 8 yrs for myself and others and no one ever get hurt while shooting.How hurt can you get a on fluffy bed? lol
I'd say its more for the bondage producers and stuff like that..

But on that note how can you get away from a true bondage shoot without some bruises and stuff? Wouldnt flakey talent try to file a workmans comp on that?
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Old 01-08-2009, 11:10 AM   #9
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why not? hehehehe ;)
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Old 01-08-2009, 11:11 AM   #10
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I'd say its more for the bondage producers and stuff like that..

But on that note how can you get away from a true bondage shoot without some bruises and stuff? Wouldnt flakey talent try to file a workmans comp on that?
See that where im foggy.Unless they are contract people, they are all independent contractors so there would be no workers comp.
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Old 01-08-2009, 11:13 AM   #11
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Old 01-08-2009, 11:22 AM   #12
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I know I been scarce lately.
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Old 01-08-2009, 12:10 PM   #13
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The porn girls are independent contractors and not employees of the agents, I don't think they would win in court.
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Old 01-08-2009, 12:19 PM   #14
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this just gives the agencies the excuse they need for inflated pricing
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Old 01-08-2009, 12:28 PM   #15
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The porn girls are independent contractors and not employees of the agents, I don't think they would win in court.
i think if i was an agent i would talk to an attorney about it.

www.adultbizlaw.com
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Old 01-08-2009, 12:29 PM   #16
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this just gives the agencies the excuse they need for inflated pricing
i just raised my stunt cock rate last week. its now 32 dollars and a cheeseburger.
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Old 01-08-2009, 12:41 PM   #17
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Again it comes back to that police yourselves message. Do people get hurt that often on porn shoots? Been shooting over 8 yrs for myself and others and no one ever get hurt while shooting.How hurt can you get a on fluffy bed? lol
trips on something...camera/lights/something topples over etc..
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Old 01-08-2009, 02:40 PM   #18
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People ask me all the time why I dont do pole tricks.....no workers comp!! LOL!!!
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Old 01-08-2009, 02:41 PM   #19
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The porn girls are independent contractors and not employees of the agents, I don't think they would win in court.
True, but that designation is being fought all over the US in similar entertainment industries, and in many cases they are winning. For example, I ran strip clubs for many years, and we always designated the strippers as independent contractors. We were affiliated with Deja Vu and used their same independent contractor agreement. I know in I believe '94 Deja Vu lost a case in Minneapolis where the strippers won the right to be labeled club employees and were entitled to benefits, workman's comp, back wages, etc. Since then tons of class action lawsuits have popped up against strip clubs using that case as a precedent.

As silly as it may sound, it is also happening in pro wrestling, which is an entertainment industry that classifies the performers as independent contractors. Several former wrestlers are suing WWE over their classification as independent contractors http://www.ctemploymentlawblog.com/2...t-against-wwe/. If they win it is another precedent that can be used...
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Old 01-08-2009, 02:54 PM   #20
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So that would make the agents liable if the talent caught Herpes on set. LOL...


Too funny!!!
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Old 01-08-2009, 02:59 PM   #21
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There has been a movement for awhile now by the IRS among others to pretty much get rid of independant contractors.
I know a few years ago California was all up in the ass of Ifriends fighting them over the status of their cam workers.
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Old 01-08-2009, 03:03 PM   #22
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I've poked a girls eye out with my pipi once..
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Old 01-08-2009, 03:21 PM   #23
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Old 01-08-2009, 03:26 PM   #24
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One of my girls got hurt once on the shoot. She was modeling in the shower and asked for me to shoot some pics of her tits showing through the glass shower door. As soon as she leaned up against the door, BAM....the door flew open, she fell down and busted her chin on the ground...(I have hard tile for my flooring).

She had blood dripping all over the place. Believe me, she was hurt pretty bad. Funny thing is that as soon as it happened (and after laying on the floor for about two minutes), she stepped right back into the shower and started modeling again...with the blood dripping down her chest! Talk about a trooper!

I told her that she needed to go the emergency room so I drove her down there. I am just glad that everything turned out to be cool because you know how people will try to sue for just about anything nowadays.
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Old 01-08-2009, 03:30 PM   #25
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can u hear me, now?
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Old 01-08-2009, 03:37 PM   #26
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can u hear me, now?
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Old 01-08-2009, 03:54 PM   #27
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There has been a movement for awhile now by the IRS among others to pretty much get rid of independant contractors.
I know a few years ago California was all up in the ass of Ifriends fighting them over the status of their cam workers.
Yeah the thought is if most of your income is from that one place its really a job. Its happened with salesmen.

Last edited by tony299; 01-08-2009 at 03:56 PM..
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Old 01-08-2009, 05:41 PM   #28
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Old 01-08-2009, 06:45 PM   #29
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I don't get how the model is employed by the agency. How can someone be your employee if you never pay them? The model pays the agency and the producer pays the model.
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Old 01-08-2009, 06:54 PM   #30
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No idea Brandon. I jsut jacked the story from ********.

ROFL.

I might come see you guys later. FYI.
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Old 01-08-2009, 07:28 PM   #31
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your carrier sucks balls..
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Old 01-08-2009, 09:57 PM   #32
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Old 01-08-2009, 10:02 PM   #33
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Again it comes back to that police yourselves message. Do people get hurt that often on porn shoots? Been shooting over 8 yrs for myself and others and no one ever get hurt while shooting.How hurt can you get a on fluffy bed? lol
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Old 01-08-2009, 10:41 PM   #34
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Yeah a safer place to work.
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Old 01-09-2009, 11:27 AM   #35
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Thanks ... that was my headshot for the Verizon commercial I tried out for .... and unfortunately did not get.... bastards!!!

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Old 01-09-2009, 11:51 AM   #36
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can you hear me now?
it still sucks..
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