Monthly Archives: February 2012

Support the UJA Federation and Sports for Youth With Us

Senior Partner Edgar Romano

Senior Partner Edgar Romano

Our partner Edgar Romano is riding on the UJA-Federation of New York and Sports For Youth team in the 2012 TD Five Boro Bike Tour on Sunday, May 6th. Romano has committed to fundraise for the UJA and its Sports for Youth program. You can check in on his progress toward his fundraising goal and donate by clicking here. We commend our partner on his philanthropic efforts and hope you will support him in this worthy cause.

If you would like to participate in the Five Boro Bike Tour as a member of the UJA Federation/Sports for Youth Team, you can sign up by clicking here.

2012 TD Five Boro Bike TourThe tour is America’s largest cycling event. It is a 40 mile, traffic-free ride for 32,000 cyclists through all five boros of New York city, and cyclists will tell you that it is the best way to see New York City.

 

UJA-Federation of New York & Sports for Youth

UJA-Federation of New York helps 4.5 million people in New York, in Israel, and around the world. Its network of agencies can feed the hungry, shelter the homeless, and train the unemployed. UJA-Federation of New York can respond quickly in a crisis, and can direct aid where it will do the most good – efficiently, effectively, and compassionately.

Sports for Youth, an initiative of UJA-Federation of New York, enables children of all ethnic and religious backgrounds, as well as all ages and athletic abilities, to enjoy sports. Grants provided by Sports for Youth benefit more than 12,000 children directly and countless others at JCCs and Ys, camps, and other agencies with sports-related programs.

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Surprising Findings On Baby Boomers and Worker’s Compensation (part 1)

You may be surprised to learn that age does not correlate with frequency of injury.

Today’s post is from our colleague Tom Domer of Wisconsin.

What is the impact on worker’s compensation from aging Baby Boomers who have postponed their retirement, working much longer than the previous generation? In a recent study by the NCCI (National Council Compensation Insurance) some interesting and surprising conclusions resulted. It is not surprising that the number of older workers is increasing. The study looked at the frequency and severity across age groups and tried to identify factors that accounted for the severity of injuries between older and younger workers.

Among the key findings are the following:

  • The major difference among age groups occurs between the 25-34 and the 35-44 age groups. All workers 35-64 appeared to have similar costs per worker. These reassuring findings suggest an aging workforce may have a less negative impact on the lost cost per worker than many analysts originally thought.
  • Many workers’ compensation professionals have the belief that younger workers have a much higher injury rate. That appears not to be true any longer. Differences in frequency by age have virtually disappeared.
  • The major factor involving older workers involves severity. Older workers tend to have more shoulder rotator cuff claims and knee injuries while younger workers have more back and ankle sprains.
  • Higher wages for older workers are a key factor leading to higher costs for older workers. On the medical side, more treatment per claim has increased medical costs.

The study indicated that older workers account for an increasing share of the U. S. workforce. In particular, the share of workers age 55-64 has been growing steadily. The number of workers age 45-54 has increased modestly. Workers over 65 were about 3% of all workers in 2000 and about 5% in 2010. Taken as a whole, the percentage of workers over 45 has increased from 34% in 2000 to 42% in 2010. (Our practice has seen a similar increase in older workers, many of whom must remain in their positions due to reduced or non-existent pension benefits, wage and benefit cuts, and an overall poor economy.)

For more on the working Baby Boomer generation, check back with us next week.

With over 30 years of experience representing injured workers in Wisconsin, Tom Domer was recently named the 2011 Milwaukee Workers’ Compensation Lawyer of the Year in Best Lawyers. Tom teaches the worker’s compensation course at Marquette University Law School, providing the instruction and training for many other lawyers. He lectures frequently around the nation. He also is a prolific writer, editing the national magazine Workers’ First Watch. He has co-authored over two dozen texts. Tom earned all his degrees in Wisconsin.

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Long Hours Linked To Health Problems And Lower Productivity

Providing employees a chance to work in teams, and socialize during breaks actually increases productivity.

Today, we have a guest post from our colleague Deborah Kohl of Massachusetts.

Many people are surprised to learn that mental disability claims due to workplace stress are compensable by workers’ compensation. Unfortunately, claims like these are on the rise as people work longer hours and feel the pressure of an increasingly competitive working environment.

Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary work can lead to decreased productivity, anxiety, and even major depression.

Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.

While it may seem initially counter-intuitive, studies show that in the long run, policies like these can lead to a more productive workplace.

Here are a few tips workers can use to stay mentally healthy at work:

  • Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.
  • That said, make a distinction between work and leisure, and make time for social activities outside the workplace. Continue reading →

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Misdiagnosed Worker Can Amend The Cause Of Injury More Than 2 Years Later

It isn't always easy to know what is causing pain. Multiple doctors may get it wrong. Be persistant.

The Appellate Division Third Department issued a decision last week (Searchfield v. Lowe’s Home Centers) that is interesting case because it pertains to the establishment of an injury that was originally misdiagnosed.

In October 2005, an employee was injured at work while lifting a hot water heater. As a result of the injury the employee went to the emergency room. He was diagnosed by an emergency room physician with myofascial strain of the legs and hips. A November 2005 physician’s report diagnosed the claimant with hip/thigh sprain and sciatica. The later medical reports focused on the groin, lower back and leg pain.

In July 2006, a Law Judge established the claim for a work related injury to the claimant’s lower back. However, the employee continued to report worsening symptoms in his hip area. In 2009, the claimant saw an orthopedic surgeon. The doctor performed a MRI of the right hip. The MRI revealed a right hip labral tear that required surgury. According to the surgeon the claim was originally misdiagnosed and the claimant had, in fact, sustained injuries to his right hip as a result of the October 2005 accident.

The claimant applied for a hearing to amend the claim for the right hip. The Judge ruled that the right hip claim was time barred (pursuant to Workers’ Compensation Law Section 28). This states that a claim for a causally related condition must be made within two years of the date of accident. On appeal the Board Panel reversed and the Appellate Division affirmed the Board Panel.

The Appellate Division stated that the early medical reports reflect initial concerns relating to the claimants hips. Also there was supporting medical evidence that the claimant’s ongoing pain was the result of a labral tear in the right hip, a condition which is often misdiagnosed as a low back injury. The Court went on to add that the claimant could not have filed a claim for a causally related right hip injury at the time of the accident because it was not properly identified and diagnosed.

This case is important as it allowed the amendment of a claim for a serious injury that misdiagnosed early on in the case.

You can find the entire court decision here.

 

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Well-documented Expense Records Increase Value of Your M&T Reimbursement

Expense ReportWhile receiving medical treatment related to a workers’ compensation case, claimants often have additional expenses such as mileage, fuel costs, transportation fares, and out-of-pocket prescriptions. Yet many claimants don’t realize they are entitled to reimbursement for expenses they incur in obtaining treatment.

Submitting information related to these expenses is an important part of the workers’ compensation process. Problems can arise, however, when incomplete or disorganized information is provided to an insurance carrier. This can result in delays and errors in receiving the proper amount to which they are entitled.

Claimants can avoid these sorts of problems with small acts of diligence and record keeping. Here are a few suggestions:

• Save your receipts and keep a record of your doctor visits. Keeping a log and saving receipts incurred from specific doctor visits provides a “narrative” that makes it easier to tie together dates and expenses.

• Make sure to use the correct form. The New York State WCB requires Continue reading →

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Can I Move To Another State If I Have A Work’ Comp’ Claim?

Yes, you can move to a different state though you have a workers' compensation claim in New York.Question: Can I move to another state even though I have a workers’ compensation claim in New York?

Answer: Absolutely!

Many claimants move to other states during the course of their workers’ compensation claims. Here are the top five things to consider when moving to another state:

1. Tell your workers’ compensation attorney that you are moving, and update your contact information such as telephone number and address.

2. Find a doctor in your new state that handles workers’ compensation claims in New York state. A simple Google search should give you several hits. Be sure to ask if the doctor handles workers’ compensation claims for claimants.

3. As there is often confusion at the initial stages of treatment as to why a patient is seeing the doctor, be sure to tell your doctor that you have an ongoing workers’ compensation claim in New York for which you need continuing treatment.

4. Have your Notice of Decision authorizing medical treatment handy! This is how the doctor knows that he or she is allowed to treat you for your work-related injury. If you do not have a copy of that Notice of Decision or have lost it, ask your workers’ compensation attorney to send you a copy ASAP.

5. Be proactive. This is your workers’ compensation claim: you have a right to your medical records. Ask for them after each visit! Give your workers’ compensation attorney the doctor’s contact information, including telephone number, fax number, and address. Get in touch with your workers’ compensation attorney if the doctor is having any difficulty getting your medical treatment paid for by the insurance carrier.

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What Should I Do If I Receive A Bill From My Workers’ Compensation Doctor?

Put your money back in your wallet. Your employer's insurance carrier is responsible for medical treatment of work-related accidents.

Question: I received a bill from my doctor for treatment relating to my workers’ compensation claim. Am I responsible for payment?

Answer: You do not have to pay your doctor for treatment resulting from your work-related accident.

There is often confusion about paying doctor bills related to work-related accidents, but the reality is relatively simple. Take for example Joanna. While at work, a heavy box fell on Joanna’s foot. As a result, she was unable to walk and had to immediately go to the emergency room. Following treatment for her broken foot, Joanna received an expensive bill from the hospital. What should Joanna do?

Joanna should not pay the bill!

Under workers’ compensation law, Continue reading →

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