Monthly Archives: January 2012

Monday Workers’ Comp Q&A: Does going back to work ruin my case?

If your doctor clears you to return to work, go ahead - just make sure you follow the right steps.

QUESTION: DOES GOING BACK TO WORK RUIN MY CASE?

ANSWER: Not at all!

This question comes up a lot in Workers’ Compensation cases. When someone is injured they have to balance their personal and professional obligations while including their injury as a new variable.

This is completely understandable. Oftentimes people want to try to get back to work but are not sure if their body will hold up. This uncertainty can cast a shadow over everything a person has to consider when they have a work injury.

First and foremost you should speak to your doctor and find out what you are physically capable of. While your injury may be improving, you may not be able to return at 100%.

If your doctor clears you to return to work Continue reading →

Prior results do not guarantee outcomes.
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Drug Watch: Darvon and Darvocet Deadly Side Effects

Today’s post is by guest blogger Brenda Fulmer.

Darvon and Darvocet, the branded versions of the prescription medication also known as propoxyphene, have been used for decades to treat mild to moderate pain. These drugs have been taken by millions of patients who suffered from arthritis, back injuries, trauma, surgery, and other painful conditions. These drugs have been the “go-to” painkillers for a number of primary care physicians and ER doctors for years. Their widespread use, however, has given patients and doctors a false sense of safety. Darvon and Darvocet, which most recently have only been sold as propoxyphene by generic manufacturers, were finally recalled and pulled from the market in late 2010, after a number of patients suffered injuries or died as a result of their ingestion of the drugs.

Since propoxyphene was first launched in 1957, the Food and Drug Administration (“FDA”) has received more than 2,100 reports of serious problems relating to use of the medications, including the following:

  • Cardiac arrest;
  • Death;
  • Overdose; and
  • Suicide.

Since the FDA may only receive reports for less than 1% of adverse drug reactions, and the safety issues associated with Darvon and Darvocet have not been well publicized prior to 2010, it is likely that tens of thousands Continue reading →

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When Is It Time To See The Doctor?

If you're hurt, get treatment right away.

Putting off seeing medical care is commonplace for chronic medical conditions. Under the Workers’ Compensation Law there is no timeframe for a claimant to see a medical provider. There is nothing in the law that requires a worker to see his doctor within 24 hours or 30 days of the accident. However, the sooner an injured worker sees a doctor, the better, especially if that worker is losing time from work because of the accident. A Law Judge will only grant awards for lost time that is backed up by medical reports.

That means if a member is out of work for three weeks before they go to a doctor, it is possible that Workers’ Compensation benefits might not be paid during that time period. In order for a claim to be successful in this situation the report that the doctor submits must have several things on it:

  • It must contain the history of the accident,
  • diagnoses a condition,
  • explain how the condition is related to the on the job incident, and;
  • comment on disability.

Disability is an essential component that must be on the reports. Without an opinion on disability, there is no evidence to dispute what the carrier doctors submit to the NY Workers’ Compensation Board.

Physicians are required to submit to the Workers’ Compensation Board (WCB) complete and thorough reports. The sooner that you see a doctor and have a report sent to the WCB the better for you and your case.

Prior results do not guarantee outcomes.
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If You Have Symptoms, Tell Your Lawyer Immediately!

If You Have Symptoms, Tell Your LawyerWe represent a client whose hands were directly injured a few years ago. The insurance company, as part of its defense, is raising a provision in the law which requires an injured worker to file a claim for a direct injury within two years of the accident (WCL § 28). While interviewing the client, we learned that she had been feeling symptoms in her hands years ago, at the same time as she began experiencing the symptoms to other areas of her body. But because she only mentioned that her hands hurt now, we may not be able to get her the compensation she deserves.

Our client told me that originally brought up the symptoms of numbness, tingling and weakness in her hands with her doctor, but he felt these symptoms were related to her neck, another

If you are hurt, tell your attorney everything, even if you aren’t sure if it is relevant.

area where she was injured. The doctor tried to treat her hand symptoms by treating her neck first. He Continue reading →

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Read This Before You Go To An Insurance Medical Examination

Insurance medical exams may seem like regular doctor visits, but these docs are not on your side.

Many times insurance medical examinations are considered by injured employees to be the same as Independent Medical Examinations (IMEs). There is nothing farther from the truth. These examinations are bought and paid for by the insurance company and for their benefit.

The insurance carrier doctor is no friend to an injured worker. He or she is a private consultant paid for by the carrier.

You should be prepared for these examinations by knowing your rights and how to protect them:

1) You have the right right to bring a family member or friend with you to the examination.
You can bring your spouse into the examination room during the examination. This is important because it allows for a witness to testify at court about the validity of the examination and to dispute tests that the doctor claims to have done.

2) You are permitted to audiotape or videotape the examination.
And there is nothing in the law that requires you to tell the insurance company doctor that you intend to tape the examination.

3) You should Continue reading →

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Facebook Dangers You Need To Know About

Our post for today comes from our colleague Brody Ockander of Nebraska.

More than likely, you’re on Facebook if you are reading this. If you are not, the chances are very good that you know a close friend or family member who is on Facebook, MySpace, or Twitter.

Most of us never think twice about what we post on these social media sites. However, depending on the privacy settings of your profile, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in. That “anyone” could be the defense lawyer or insurance adjuster if you are currently involved in a Workers’ Compensation action.

Depending on your privacy settings, anyone may be able to see the status update on your wall, the photo of you at a wedding, or whatever job you are currently in.

“What do I have to hide?” you ask. Well, often times these status updates, photos, or wall postings may be misunderstood or taken out of context. For example, a status update stating “Just got done mowing the lawn” might not look very good to someone that is off work for a back injury, and it would be hard to explain that even though you mowed the lawn, it took you two pain pills to do so and caused you extreme suffering later that night that you couldn’t even sleep the price you paid in mowing that lawn.

Here’s what you can do to avoid some pitfalls from Facebook:

  1. Adjust your privacy settings so that only your “friends” can see your status, wall, and photos. Continue reading →

Prior results do not guarantee outcomes.
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Drug Watch: Zimmer Knee Implants Plagued With Failure

Knee implants you thought would last decades may only last 3 years.

Zimmer is an international medical device manufacturer based in northern Indiana. It was founded in 1927, and focuses on the manufacture of products for orthopaedic surgeries. Zimmer’s sales in 2009 were $1.76 billion, and it is estimated that the NexGen family of knee implants make up about 2% of the overall sales of Zimmer.

Flex implants are not lasting nearly as long as intended.

The Zimmer NexGen Knee Implant is not a specific device, but rather a family of devices. Within this NexGen device family, there are different models of implants: NexGen CR-Flex, NexGen LPS-Flex, NexGen High Flex, NexGen LPS, NexGen MIS.

Unlike most knee implants, the Zimmer NexGen CR-Flex is attached without the use of cement, which may cause the system to loosen or detach completely.

The Zimmer NexGen CR-Flex implant was designed to give patients better range of motion than the customary NexGen device. Scientific studies have been accumulating for years with regard to concerns over the safety of the NexGen CR-Flex. Interestingly, the U.S. Continue reading →

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Emergency Medical Treatment Does Not Need To Be Authorized

If you don't obtain prior approval for emergency treatment, you can still file a workers' comp claim.

When an injured worker needs emergency medical care, prior authorization isn’t always possible and obtaining it does not bar a workers’ compensation claim. When a worker is hurt at work and is rushed to the emergency room for treatment, there often isn’t enough time to seek authorization from an insurance company and to obtain a claim number.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. This is sometimes an effort since emergency staff are rushed and understaffed. After the emergency care is provided the worker should immediately seek the guidance of an attorney to assist in filing a claim and obtaining reimbursement for the medical care.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. 

The law provides that the cost of Continue reading →

Prior results do not guarantee outcomes.
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