Monthly Archives: March 2012

Workplace Stress Can Make You Physically Ill

workplace stress

New studies reveal that workplace stress can make you sick.

Today’s post comes to us from Jon Rehm from Nebraska. While Jon’s post mentions Nebraska law, you should contact our office if you have any questions regarding a claim you might have under New York law.

Serious disabling medical conditions can arise from workplace stress. A recent study showed that people working long hours (11+) are more than twice as likely to experience major depression than those who work only 7-8 hours a day. Another study discovered that stressed workers have a 67% greater risk of heart disease. And other studies mention that “long working hours” lead to more risks of anxiety and a reduced ability to both think and sleep well.

Marianna Virtanen, one of the newest study’s authors, recently gave some tips to workers on ABCNews.com. One of her tips is to: “Make a distinction between work and leisure; don’t skip your holidays; take care of your health and well-being, especially sleep and exercise.” With Americans now working more hours than many of their counterparts in other countries, workers need to be proactive in taking caring of themselves.

But it isn’t just up to the workers. Psychological illnesses and depression cost companies money and result in less worker productivity, according to the CDC’s National Institute for Occupational Safety and Health. Without buy-in from employers and workers, the personal and corporate costs from psychological illness will never be reduced.

Unfortunately, Nebraska law Continue reading →

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New Joint Venture Brings Depth And Diversity

Pasternack Tilker Ziegler Walsh Stanton & Romano LLP (PT), one of New York’s largest workers’ injury firms specializing in serious personal injury cases, workers compensation claims, occupational disease claims and social security claims, has joined forces with Napoli Bern Ripka Shkolnik LLP (NBRS), a nationally recognized plaintiff’s law firm. The venture will provide PT additional depth of expertise in NBRS’s areas of specialty, including asbestos-related illnesses, securities fraud, environmental contamination, defective prescription drugs and medical devices and mass torts. The joint venture will operate under the name Pasternack Tilker Napoli Bern, LLP (“PTNB”).

Napoli Bern Ripka Shkolnik, LLP“Our combined team of over 80 lawyers has the expertise to help working people resolve almost any civil claim they might have, with top quality representation for all of these kinds of cases all under one roof,” said Victor Pasternack, PT Managing Partner.

The firm’s principal office is located in New York’s iconic Empire State Building with additional offices throughout the New York Metro Area, including Brooklyn and the Bronx along with affiliate offices in New Jersey, Pennsylvania, Florida, Illinois and California.

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New Social Security Disability Rules Make Presenting Your Case Tougher

Today’s post comes to us from our colleague Ryan Benharris of Fall River, Massachusetts.

In December, 2010, the Social Security Administration (SSA) implemented a set of rules put in place to enable more effective case review. One of the major changes was that Applicants will no longer know who their Administrative Law Judge is prior to their scheduled hearing.

A recent article in the Wall Street Journal (WSJ) noted that these judges seem more concerned with the speed of case processing than on whether the applicants actually deserve benefits. The WSJ also indicated that some judges were approving more than 85% of the cases they heard in what was allegedly an effort to have the cases resolved more quickly.

Unfortunately, for applicants, this change in practice has made their cases much harder to litigate. Many Administrative Law Judges have different styles of practice in how their cases are heard. An attorney may present information in a different style depending on the judge.

The importance of an applicant being represented by an attorney before the Social Security Administration has never been clearer. Since there is no way to know who the Administrative Law Judge is prior to the hearing, it is absolutely imperative that every case prepared in accordance to all rules governing how cases are tried before the court. If even the slightest detail is overlooked, it may prevent an applicant from being allowed to present evidence that could win his or her case.

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NIOSH To Review Underreporting of Occupational Injuries and Illnesses by Workers

Congress: Work-related injuries and illnesses in the US are chronically and even grossly underreported

Today’s post is from our colleague Jon L. Gelman of Wayne, New Jersey.

The National Institute for Occupational Safety and Health (NIOSH), Centers for Disease Control and Prevention (CDC) has proposed a project to review the Underreporting of Occupational Injuries and Illnesses by Workers.

“In 2008, the Congressional Committee on Education and Labor released the report, “Hidden Tragedy: Underreporting of Workplace Injuries and Illnesses,” indicating “that work-related injuries and illnesses in the United States are chronically and even grossly underreported.” Based in part on the report’s results, Congress allocated funds for NIOSH to conduct a follow-up study using NIOSH’s occupational supplement to the National Electronic Injury Surveillance System (NEISS-Work) to estimate underreporting among individuals who seek care at an emergency department (ED) for an occupational illness, injury, or exposure.

“Objectives for this project are to (1) assess the reporting behavior of workers that are injured, ill, or exposed to a harmful substance at work; (2) characterize the chronic aspects of work-related injuries or illnesses; and (3) estimate the prevalence of work-related chronic injuries and illnesses among United States workers treated in EDs. Particular attention will be paid to self-employed workers, workers with work-related illnesses, and workers with chronic health problems.
“Data collection for the telephone interview survey will be done via a questionnaire containing questions about the respondent’s injury, illness, or exposure that sent them to the ED; the characteristics of the job they were working when they were injured, became ill, or were exposed; their experiences reporting their injury, illness, or exposure to the ED and their employer (if applicable); the presence of an underlying chronic condition that was associated with their ED visit; and the nature of any other work-related chronic conditions they have experienced. The questionnaire was designed to take 30 minutes to complete and includes a brief series of questions to screen out individuals who were not seen in the ED for a work-related injury, illness, or exposure; who are younger than age 20 or older than age 64; who do not speak English or Spanish; or who were working as volunteers or day laborers when the injury, illness, or exposure occurred or was made worse.

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How do we Earn your Trust?

Workers compensation claims are not just about money-- it can dictate the worker's quality of life after an injury.

Today’s post is from my colleague Roger Moore of Nebraska.

In its most basic form, trust is defined as “reliance on the integrity, strength, and ability of a person”.

Trust can also be defined as “a person on whom one relies”.

I was reminded of this earlier this week when a client for whom I had settled a case dropped by our office. This client had been a truck driver and lived out of state. While we were working on his case we never had the opportunity to meet in person, yet he came to trust me to look out for his best interests and advise him along the course of his workers’ compensation injury. He came by to thank me for the work I had done for him which had been completed over a year and a half ago.

As I spoke with him I began to understand how stressful it must be to trust someone who lives halfway across the country and with whom you may never meet in person. This is a unique aspect of trucking cases we handle which isn’t found in other types of work-related injuries.

Due to his injury he was unable to return to trucking. However, we were able to negotiate a settlement which allowed him to live his life again. As I spoke with him I began to understand how stressful it must be to trust someone who lives halfway across the country and with whom you may never meet in person. This is a unique aspect of trucking cases we handle which isn’t found in other types of work-related injuries.

He told me that over time I had earned his trust by answering his questions, promptly returning his phone calls, and by helping him navigate the minefield of his worker’s compensation claim. He relied upon me and my abilities to lead him through the stress of his injury claim. The same can be true of any injury-related claim whether it’s due to a vehicle accident, slip and fall or Social Security Disability claim.

It’s easy to take for granted how much clients rely upon their lawyers in a time of need, and it’s good to be reminded of this from time to time. That is why I endeavor to speak with clients until all their questions have been answered. The pain and financial difficulties clients suffer from only add to the difficulty of fully trusting someone else. That great burden is not lost upon me.

Image: adamr / FreeDigitalPhotos.net

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Victor Pasternack Inducted Into The Prestigious College Of Workers Compensation Lawyers

Victor Pasternack

Victor Pasternack

On Saturday, March 10th, Senior Partner Victor Pasternack was inducted in the Class of 2012 as a Fellow of the prestigious College of Workers Compensation Lawyers. Pasternack is the sixth Fellow from the state of New York. The induction ceremony was held at the College’s winter meeting in San Antonio. Senior Partners Edgar Romano and Catherine Stanton traveled with Victor to San Antonio to attend the induction ceremony.

 

College of Workers Compensation LawyersThe College of Workers’ Compensation Lawyers honors attorneys who have distinguished themselves in their practice in the field of workers’ compensation. Members have been nominated for the outstanding traits they have developed in their practice of twenty years, or longer, representing plaintiffs, defendants, serving as judges, or acting for the benefit of all in education, overseeing agencies and developing legislation.  Inductees have convinced their peers, the bar, bench and public that they possess the highest professional qualifications and ethical standards, character, integrity, professional expertise and leadership.  They have a commitment to fostering and furthering the objectives of the College and have shown significant evidence of scholarship, teaching, lecturing, and/or distinguished published writings on Workers’ Compensation or related fields of law.  In addition to these characteristics, a Fellow is expected to display the following traits in their day to day practice of workers’ compensation and related fields:

  • A Fellow stands out to newer attorneys as a model of professionalism in deportment and advocacy;
  • A Fellow has earned the respect of the bench, opposing counsel and the community;
  • A Fellow displays civility in an adversarial relationship;
  • A Fellow avoids allowing ideological differences to affect civility in negotiations, litigation and other aspects of law practice;
  • A Fellow demonstrates an active interest in resolving issues;
  • A Fellow is a student of the law;
  • A Fellow has a thirst for knowledge in all areas of the law that affects their representation of their clients in Workers’ Compensation or their duties in adjudicating cases brought before them;
  • A Fellow actively participates in the state, local and/or National Bar.

All Fellows take the following Oath.

“By accepting your Fellowship in the College you commit yourself to life long dedication to the maintenance of the highest standards of professional conduct, and scholarly pursuits; absolute integrity with clients, opponents, colleagues and the bench; to excellence in the presentation of law and fact designed to produce to the trier of fact and the decider of law the most reasoned of result; and to a demeanor which manifests respect for the legal process and its participants.”

Congratulations to Victor and his fellow inductees.

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More surgeries = More benefits

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

The law provides mandatory minimum ratings of disability benefits for injuries and surgical procedures

Surgeries are commonplace after a work injury.  When an injured worker in Wisconsin has a post-injury surgery, that worker is ordinarily entitled to a minimum percentage of permanent disability.

Permanent partial disability (PPD) generally represents a physician’s assessment of a worker’s functional loss. PPD is payable at a weekly rate equal to two-thirds of the employee’s average gross weekly earnings at the time of the injury, subject to a maximum rate (the rate in 2011 and 2012 is $302/week).

Administrative rules relevant to the Worker’s Compensation Act (Section DWD 80.32) provide mandatory minimum ratings of PPD for injuries to various body parts and surgical procedures. For example:

  • A laminectomy (removal of disc material) at one level of the lumbar spine (e.g., L4-5) carries a minimum 5% disability;
  • A spinal fusion at the same level (e.g. L4-5), results in a minimum 10% disability;
  • Total hip replacements carry a minimum 40% PPD (while a partial hip replacement results in 35% PPD);
  • A total knee replacement has a minimum PPD of 50% (partial knee replacement is 45%);
  • An anterior cruciate ligament (ACL) repair is 10% PPD minimum; and
  • A knee meniscectomy results in 5% PPD minimum.

If a worker has one of the listed procedures, they receive the minimum PPD percentage.  To calculate the value, we look to the applicable percentage, based on the number of weeks the body part is “worth” under the statutes.  For example, a knee is worth 425 weeks under the statutes, so the 20% PPD to the knee is 85 weeks (20% of 425) at the $302/week rate for a 2011 injury, which amounts to $25,670.


Image: taoty / FreeDigitalPhotos.net

Prior results do not guarantee outcomes.
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How do we earn your trust?

Earning your client's trust is a crucial part of being an attorney.

Today’s post comes to us from our colleague Roger Moore of Rehm, Bennett & Moore in Nebraska.

In its most basic form, trust is defined as “reliance on the integrity, strength, and ability of a person”.

Trust can also be defined as “a person on whom one relies”.

I was reminded of this earlier this week when a client for whom I had settled a case dropped by our office. This client had been a truck driver and lived out of state. While we were working on his case we never had the opportunity to meet in person, yet he came to trust me to look out for his best interests and advise him along the course of his workers’ compensation injury. He came by to thank me for the work I had done for him which had been completed over a year and a half ago.

As I spoke with him I began to understand how stressful it must be to trust someone who lives halfway across the country and with whom you may never meet in person. This is a unique aspect of trucking cases we handle which isn’t found in other types of work-related injuries.

Due to his injury he was unable to return to trucking. However, were been able to negotiate a settlement which allowed him to live his life Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.