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Disneyland Fined in Connection With Injury

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TIMES STAFF WRITER

A Disneyland musician who was hit and injured by a Lion King float that went out of control has found a measure of success in his one-man battle against the theme park.

Cal/OSHA, the state’s health and safety agency, recently fined Disneyland $700 for violations involving the injury last February of drummer Carlton “Gussie” Miller.

The fine was minor, but one of the two citations issued was highly unusual, especially for an employer that prides itself on running a spick-and-span operation.

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In the citation, Cal/OSHA charges that Disneyland failed to report Miller’s accident, even though state law mandates that employers notify the agency of any worker injury that requires treatment and hospitalization of more than 24 hours.

The other citation was over a faulty steering mechanism in the Lion King float, which caused Miller to be pinned against a railing.

Cal/OSHA’s review of medical records showed that Miller was taken by ambulance to UCI Medical Center in Orange, where he was hospitalized for seven days for treatment of back and knee injuries, including some time in an intensive care unit.

Tom Brocato, a Disneyland spokesman, said the park will not appeal the citations. But he said Disneyland management did not agree with the outcome of Cal/OSHA’s investigation. Brocato said Disneyland may not have reported Miller’s injury because park officials thought Miller was hospitalized solely for observation, and not for treatment.

Medical records filed with Cal/OSHA’s office in Anaheim show that Miller received, among other treatment and therapy, intravenous medication for 23 hours for possible spinal cord injury. Doctors reported that Miller suffered a sprain of his left knee.

Miller, 32, said Thursday from his home in Santa Clarita that he still wears a knee brace and has pain in his legs. Though he returned to work in May in a limited capacity, he was let go in September.

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Disneyland’s failure to report Miller’s injury baffled Cal/OSHA inspectors. Disneyland previously had been “forthright about reporting an injury,” said a Cal/OSHA inspector familiar with the case and Disneyland.

Disneyland, which has some 10,000 employees, has a team of safety experts and is known among union and industry experts for its attention to worker safety. The park is seldom cited for safety violations.

As for the other citation involving the faulty float, Brocato said the problem with the steering mechanism was “like a slow leak in a tire” that was difficult to detect.

However, Cal/OSHA investigators said that on the day before Miller’s accident, another float driver reported trouble with the steering. Yet there was no evidence of repairs, according to investigators’ reports.

Miller, who has repeatedly called safety officials and retained an attorney to fight his case, said he was happy that Disneyland was cited, though he grumbled about the small fine amount.

Times staff writer James S. Granelli contributed to this story.

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