Author Archives: Catherine Stanton

Are You Suffering From Symptoms Of Chronic Stress? Take the Stress Test!

Today’s guest post is from Kit Case of the Causey Law Firm in Washington State.

Signs of Chronic Stress:

Cognitive symptoms

  • Memory problems
  • Inability to concentrate
  • Poor judgment
  • Pessimistic approach or thoughts
  • Anxious or racing thoughts
  • Constant worrying

Emotional symptoms

  • Moodiness
  • Irritability or short temper
  • Agitation, inability to relax
  • Feeling overwhelmed
  • Sense of loneliness and isolation
  • Depression or general unhappiness

Physical symptoms

  • Aches and pains
  • Diarrhea or constipation
  • Nausea, dizziness
  • Chest pain, rapid heartbeat
  • Loss of sex drive
  • Frequent colds

Behavioral symptoms

  • Eating more or less
  • Sleeping too much or too little
  • Isolating oneself from others
  • Procrastinating or neglecting responsibilities
  • Using alcohol, cigarettes, or drugs to relax 

Take the Stress Test for Adults:

Thomas Holmes and Richard Rahe in 1967, examined the medical records of over 5,000 medical patients as a way to determine whether stressful events might cause illnesses. Patients were asked to tally a list of 43 life events based on a relative score. A positive correlation was found between their life events and their illnesses.

Their results were published as the Social Readjustment Rating Scale (SRRS), known more commonly as the Holmes and Rahe Stress Scale.

To measure stress according to the Holmes and Rahe Stress Scale, the number of “Life Change Units” that apply to events in the past year of an individual’s life are added and the final score will give a rough estimate of how stress affects health.

Note: the table, below, is from the Wikipedia page on this subject.  For a fee of $5.00, you can go directly to Dr. Rahe’s website and obtain the full test materials as well as background information and details of this and other products and services available.

To measure stress according to the Holmes and Rahe Stress Scale, the number of “Life Change Units” that apply to events in the past year of an individual’s life are added and the final score will give a rough estimate of how stress affects health.

Life event Life change units
Death of a spouse 100
Divorce 73
Marital separation 65
Imprisonment 63
Death of a close family member 63
Personal injury or illness 53
Marriage 50
Dismissal from work 47
Marital reconciliation 45
Retirement 45
Change in health of family member 44
Pregnancy 40
Sexual difficulties 39
Gain a new family member 39
Business readjustment 39
Change in financial state 38
Death of a close friend 37
Change to different line of work 36
Change in frequency of arguments 35
Major mortgage 32
Foreclosure of mortgage or loan 30
Change in responsibilities at work 29
Child leaving home 29
Trouble with in-laws 29
Outstanding personal achievement 28
Spouse starts or stops work 26
Begin or end school 26
Change in living conditions 25
Revision of personal habits 24
Trouble with boss 23
Change in working hours or conditions 20
Change in residence 20
Change in schools 20
Change in recreation 19
Change in church activities 19
Change in social activities 18
Minor mortgage or loan 17
Change in sleeping habits 16
Change in number of family reunions 15
Change in eating habits 15
Vacation 13
Christmas 12
Minor violation of law 11

Score of 300+: At risk of illness.

Score of 150-299+: Risk of illness is moderate (reduced by 30% from the above risk).

Score 150-: Only have a slight risk of illness.

 

Recommended methods for relieving chronic stress include exercise (which can be modified to accommodate physical restrictions after an injury), meditation, music therapy, breathing techniques, and such simple things as companionship – from a pet, friend or family member.

 

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PTSD and Police Officers at the Newtown Massacre

Today’s post comes from guest author Leila A. Early from The Jernigan Law Firm.

Post-Traumatic Stress Disorder (PTSD) is a type of anxiety disorder that can occur after a person has seen or experienced a traumatic event that involved the threat of injury or death. In civil war battles a soldier may be sitting next to his best friend when a cannonball takes off his friend’s head. The horror of such events put some soldiers out of action. Similarly, police officers have a higher incidence of PTSD/Anxiety Disorders than the general public due to the gruesome scenes and situations that they witness in their occupation. Classic symptoms of PTSD fall into three main categories: (1) reliving the event (such as nightmares and flashbacks); (2) avoidance (including feeling detached, numb, and avoiding things that remind them of the event); and (3) arousal (including difficulty concentrating, startling easily, and difficulty falling asleep).

Some of the police officers who responded to the shootings in Newtown, Connecticut are suffering from PTSD, calling it the worst crime scene they ever walked into. They are suffering from severe emotional distress and shock and have been unable to return to work due to the trauma they witnessed. Unfortunately, PTSD is not covered by workers’ compensation in Connecticut. Therefore they have been forced to use vacation and sick time to cope with the situation.

Our law firm has represented multiple police officers who have developed PTSD as a result of the gruesome scenes and situations they have been involved in at work. Fortunately, PTSD may qualify as an occupational disease under North Carolina workers’ compensation law. Hopefully the Connecticut legislature will amend their statutes in light of the school shootings to help these police officers get medical care and get back to work as quickly as possible.

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Seattle Shooting – Another Case of Workplace Gun Violence, and Another Call to Action

By working together we can bring an end to gun violence in America

Today’s post comes from guest author Kit Case from Causey Law Firm.

    

 

     A man entered a Seattle bar late Sunday night, January 27, 2013, and confronted his ex-girlfriend, brandishing a gun.  The gunman shot both his ex-girlfriend and the doorman before the gunman was fatally shot by Seattle police.  Both the ex-girlfriend and the doorman were taken to Harborview Hospital with non-life-threatening injuries.  Both were victims of senseless gun violence, but the doorman is also a workers’ compensation claimant due to this occurring while he was on-the-job.

 

2012 has been the worst year for these events in modern US history, with 151 victims injured and killed.

 

       Quoting an article published by Mother Jones (Mother Jones Investigates: The NRA Myth of Arming the Good Guys), Washington CeaseFire shared that there have been at least 62 mass shootings in the last three decades, attacks in which the killer took the lives of four or more people (the FBI’s baseline for mass murder) in a public place—a school, a workplace, a mall, a religious building. Seven of them have occurred this year alone. Along with three other similar though less lethal rampages—at a Portland shopping mall, a Milwaukee spa, and a Cleveland high school—2012 has been the worst year for these events in modern US history, with 151 victims injured and killed.

    On Tuesday, January 22nd, Washington CeaseFire presented the results of a statewide poll conducted by Alison Peters Consulting. The poll of 600 randomly selected registered Washington voters reveals a strong preference for stronger gun safety laws on both Eastern and Western sides of the state. The poll has a margin of error of plus or minus 4 percent. Findings included :

  • 76% of state residents support tighter gun laws;
  • 87% support a state law to require that everyone who buys a gun at a gun show undergo a background check;
  • 66% support a state law to ban semi-automatic assault weapons;
  • 68% are in support of a state law to increase mandatory penalties for youth firearm possession, starting with house detention at the first offense ;
  • 68% would support a state law to limit ammunition clips on guns to 10 bullets;  and,
  • 66% of respondents are in support of a state law requiring the signature of local police on every concealed weapons permit application.

     Washington CeaseFire states that it’s time to end gun violence in America, noting that gun deaths outnumber traffic fatalities in Washington and nine other states.  Now is the time to make our voices heard.  Please consider participating in a candlelight vigil and march on February 9, 2013 in Seattle, Washington, co-sponsored by CeaseFire.  More than 1000 people attended a similar march held in January (see prior post for details) and it is hoped that the upcoming vigil and march will draw more attention to this issue.

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Senior Partner Edgar Romano Receives Highest Martindale-Hubbell® Peer Review Rating™

Senior Partner Edgar Romano

Senior Partner Edgar Romano has received the highest Peer Review Rating™, AV Preeminent®, from Martindale-Hubbell®. This rating signifies that Romano’s peers rank him or her at the highest level of professional excellence.

Keep reading below for additional information about the rating criteria.

 

WHAT ARE MARTINDALE-HUBBELL® PEER REVIEW RATINGS™?

The Martindale-Hubbell® Peer Review Ratings™ are an objective indicator of a lawyer’s high ethical standards and professional ability, generated from evaluations of lawyers by other members of the bar and the judiciary in the United States and Canada. The first review to establish a lawyer’s rating usually occurs three years after his/her first admission to the bar.
 
LexisNexis facilitates secure online Martindale-Hubbell Peer Review Ratings surveys of lawyers across multiple jurisdictions and geographic locations, in similar areas of practice as the lawyer being rated. Reviewers are asked to Continue reading →

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$97 Million In Fraud: 2012’s Top 10 Workers’ Compensation Fraud Cases

CFO Jeff Atwater and Broward Sheriff Al Lamberti announced multiple arrests in Operation Dirty Money.

Today’s post comes from guest author Leonard Jernigan from The Jernigan Law Firm.

Over the past few years, many states have aggressively gone after workers’ compensation fraud (whether it’s the employee or the employer) and the amount of employer fraud being discovered continues to be staggering, notwithstanding these efforts. Legitimate business owners that pay for workers’ compensation, as required by law, are at a competitive disadvantage with those who cheat the system, and when people suffer a workplace disability and have no insurance local businesses that provide goods and services feel the pain along with health care providers who cannot get properly paid for their services. The cost of medical care and disability ends up being shifted to the taxpayer through Social Security, Medicare and Medicaid, and in states where compliance is not vigorously enforced a culture of cheating continues. The top ten cases for 2012 are listed below.  

2012 TOP TEN WORKERS’ COMPENSATION FRAUD CASES Total Fraud: $97,466,500.00

1. ‘Operation Dirty Money,’ Stings Workers’ Comp Fraud Check Cashing Scheme

Florida: July 27, 2012

Multiple arrests were announced in Florida’s joint task force’s ‘Operation Dirty Money,’ which led to the arrest of alleged ringleader Hugo Rodriguez, owner of the Oto Group, Inc., and seven other individuals. Mr. Rodriguez was the facilitator of 10 known shell companies that funneled in excess of $70 million in undeclared and undetected payroll through different money service businesses. By using shell companies, Rodriguez was able to run a large construction operation and avoid paying the cost of workers’ compensation coverage, leaving employees at risk and scamming legitimate businesses.

 

2. Firms Face Charges for Skipping Workers’ Comp Payments

Ohio: May 13, 2012 Thousands of Ohio companies violated state law by not paying their most recent workers’ compensation premium, which can drive up insurance costs for businesses that follow the rules, a Dayton Daily News analysis found. The bureau identified about 41,247 private employers in the state that failed to report their payroll data and submit premium payments by the deadline. As of May, more than 12,200 accounts remain outstanding, and those companies owe an estimated $5.6 million in premiums.  

3. Case Proves Employee Leasing too Good to be True

Texas: July 10, 2012

$4,466,500.00 was awarded in a Texas court against a staffing agency and its workers’ compensation insurance company. Jackson Brothers Hot Oil Service hired Business Staffing, Inc., (BSI) in 1999 and required BSI to have workers’ compensation insurance for its leased employees. BSI had 150 client companies with 2,000 employees. BSI bought a policy from Transglobal Indemnity for a total premium of $4,100.00 to cover all its employees. After failing to pay the medical bills of a 27-year-old oil field worker who was in an explosion and had 18 surgeries, the employee and Jackson Brothers sued BSI and Transglobal for fraud. Neither Transglobal (who had its corporate headquarters in the Turks and Caicos Islands) nor BSI had a license to conduct insurance business in Texas.

4. Business Owner Faces Insurance-fraud Charges

California: May 2, 2012


George Osumi was indicted on numerous felony counts.

Construction business owner George Osumi of Irvine, California was indicted on numerous felony counts of misrepresenting facts to the State Compensation Insurance Fund, among other charges. From December 2001 to March of 2006, Mr. Osumi committed workers’ compensation premium fraud by reporting his payroll to SCIF at just over $1 million, under-reporting over $3.5 million in payroll. This fraud resulted in a loss of over $814,000.00 in premium owed to the insurance fund.

5. Watertown Roofing Company and its Owners Plead Guilty and are Sentenced for Labor Violations

Massachusetts: January 11, 2012


Newton Contracting Company misclassified half of its workforce as subcontractors.

The Massachusetts Insurance Fraud Bureau discovered that the company, Newton Contracting Company, Inc., owned by Shaun Bryan and Antoinette Capurso-Bryan, misclassified half of its workforce as subcontractors, as well as failing to disclose to auditors more than $3.4 million of their company’s misclassified subcontractor payroll during its annual workers’ compensation audits.

6. 7-Year Sentence in $3.1 Million Fraud Case

California: November 30, 2012

Steven Morales, 65, of Wildomar, CA was convicted and sentenced to seven years in prison for his part in a $3.1 million workers’ compensation scheme. His son Brian was also convicted and sentenced to 4 years in prison. Morales and his son had set up a sophisticated system of shell companies to hide payroll and avoid paying workers’ compensation premiums.  

7. Construction Company President Accused of Payroll Fraud

Florida: March 29, 2012

Randall Seltzer, president of Navarre Industries, Inc., was charged with multiple felony counts, including workers’ compensation fraud. An investigation by Florida’s Department of Financial Services’ Division of Insurance Fraud revealed that Seltzer systematically and intentionally under-reported his corporation’s true payroll to his insurance carrier. The department’s Division of Workers’ Compensation issued the company two stop-work orders within a five-year period. Seltzer allegedly established a shell corporation in 2011 to intentionally violate the stop-work orders and continue operating his construction business illegally. If convicted, Seltzer could face up to 30 years in prison and pay over $2.8 million in restitution.

8. CFO Jeff Atwater Announces Arrest of Owner of Fake Company for Creating Fraudulent Insurance Certificates and Avoiding Millions in Premiums

Florida: April 13, 2012


Yucet Batista allegedly used a shell company to commit large-scale fraud.

Yucet Batista was arrested for allegedly creating more than 250 fraudulent certificates of insurance to help uninsured contractors avoid $2.1 million in workers compensation premiums. Batista created the company and obtained the workers’ compensation insurance policy for the purpose of “renting” it, or making it available to dozens of uninsured subcontractors for a fee.

9. Audits Uncover Almost $1.2 million in Workers’ Compensation Violations at Boston Marriott Project

Massachusetts: September 4, 2012

In 12 audits conducted by the Joint Enforcement Task Force on the Underground Economy and Employee Misclassification and the Executive Office of Labor and Workforce Development, it was discovered that there were $584,249.00 in misclassified 1099 wages and $584,287 in unreported W-2 earnings, for a total of $1,171,536.00 in unreported wages by subcontractors on the Marriot renovation project. Six companies misclassified workers as contractors rather than employees, and seven companies failed to report wages. Among the worst of the offenders were one company that misclassified 28 workers and failed to report over $410,000.00 in wages; another failed to report $462,081 in W-2 wages.

10. Inn Owners Facing Workers’ Compensation and Insurance Fraud Charges

California: June 13, 2012


Owners of the historic Brookdale Inn and Spa are facing trial on charges of falsifying wage information to obtain lower insurance premiums.

The owners of historic Brookdale Inn and Spa, Sanjiv and Neelam Kakkar, are facing trial on charges that they falsified wage information to obtain lower insurance premiums. According to records, the couple paid approximately $800,000 less in insurance premiums than they should have over a period of several years.

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Bangladesh Garment Factory Fire: Another Triangle Shirtwaist Fire?

A garment fire in Bangladesh killed 112 workers last week

Today’s post comes to us from our colleague Tom Domer of Wisconsin.

A garment fire in Bangladesh killed 112 workers last week, harkening back to the tragic Triangle Shirtwaist fire 100 years ago on March 24, 1911, which claimed the lives of 146 young men and women, mostly immigrant garment workers. The Triangle fire galvanized a broad spectrum of reformers and reforms, one of which was worker’s compensation. In the aftermath of the Triangle fire, many states adopted worker’s compensation laws. (Wisconsin’s was the very first constitutional law in 1911.) Other reforms included workplace safety regulations, child labor laws, and enhanced fire inspections, among others.

There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have killed hundreds of workers in recent years.

An additional tragedy in the Bangladesh fire, whose products are sold here in America Mart, was the revelation that managers may have lowered gates to prevent employees from leaving because they thought it was a false alarm. There is a growing effort by worker groups to demand safety reforms in Bangladesh where factory fires have killed hundreds of workers in recent years. Photos taken by workers showed labels for Wal-Mart’s private label Faded Glory in the remains, along with clothing for a number of other United States labels including work wear brand Dickies.  

The analogies to the Triangle Shirtwaist fire are striking. In that fire, people on the 10th floor, mostly in administrative offices, were able to escape to the roof of an adjoining building. Workers on the 8th floor fled using the stairs, the fire escape and elevators. However, Continue reading →

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Insurance Companies Join Coalition to Mitigate Natural Disaster Risks

Volunteer groups are providing assistance to residents of Union Beach, N.J. who were affected by Hurricane Sandy.

Volunteer groups are providing assistance to residents of Union Beach, N.J. who were affected by Hurricane Sandy. Photo by Patsy Lynch/FEMA

Today’s post comes to us from our colleague Jon Gelman from New Jersey.

As weather patterns have changed, and 100 year storms seem to be occurring across the nation every year, insurance companies are joining others in a coalition of other voices to speak out on mitigating damages and presenting harm to workers.

The dangers to first responders and rescue workers have become enormous. NJ Governor Chris Christie spoke out on Saturday Night Live about the unnecessary increased risk, when even city mayors of costal communities defy evacuation orders, and unnecessarily put  workers in harms way. He called those who defy evacuation orders “idiots.”

Name-calling doesn’t solve problems, but reasonable action does. SmartSafer.org was established to support and advocate for smarter, more effective policies to help people in need, promote disaster safety and preparedness, and foster sounder environmental stewardship of our fragile coastal ecosytems.

“We simply can’t go on subsidizing enormous numbers of people to live in areas that are prone to huge natural disasters.” Eli Lehrer a member of SmarterSafer.org, a Washington-based coalition, on subsidies for rebuilding coastal communities.

Read the complete article in the NY Times: As Coasts Rebuild and U.S. Pays, Repeatedly, the Critics Ask Why

….

Read more about Hurricane Sandy

NJ Provides Workers’ Compensation For Hurricane Recovery

Nov 12, 2012

As Hurricane Sandy recovery workers descend on NJ by land, sea and airlift, by the thousands, energized and fueled by caffeine, to work long and tiring hours, to do treacherous and hazardous tasks, they need to understand …

http://workers-compensation.blogspot.com/

OSHA urges hurricane recovery workers to protect themselves

Nov 05, 2012

The U.S. Department of Labor’s Occupational Safety and Health Administration is urging workers and members of the public engaged in Hurricane Sandy cleanup and recovery efforts in New York, New Jersey and the New …

http://workers-compensation.blogspot.com/

Workers’ Compensation: Hurricane Sandy Relief: US Resources

Nov 06, 2012

Safety is a primary issue when you’re recovering from a disaster. Follow these tips to help ensure your safety and cope with the disaster. If you aren’t able to return home, states, tribes, localities, and the Red Cross continue to …

http://workers-compensation.blogspot.com/

Deadly Asbestos Exposure Threat Left by Hurricane Sandy

Nov 04, 2012

The path of destruction to buildings caused by hurricane Sandy has created a potential threat of deadly asbestos exposure. Many structures destroyed and damaged by the storm contained asbestos fiber and those were …

http://workers-compensation.blogspot.com/

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NJ Urges That Volunteers & Homeowners Protect Themselves During Storm Clean Up

Today’s post comes to us from guest author Jon Gelman of New Jersey. For more information about have your Superstorm Sandy-related insurance claim reviewed by our firm, please read our blog post.

Recently Health Commissioner Mary E. O’Dowd urged those engaged in Hurricane clean up activities to make sure they protect themselves against environmental hazards that may be present in storm damaged homes and buildings. 

Mold, materials containing asbestos and lead-based paint may all be potential hazards in storm damaged buildings. Homeowners and volunteers conducting clean up or remediation work should ensure their safety by wearing protective equipment appropriate for the work they are doing. Protective equipment may include waterproof boots, gloves, goggles and a respirator.

“Homeowners doing clean up work and the volunteers assisting them are critical assets in New Jersey’s recovery efforts, but making sure they protect themselves is equally important,” said Commissioner O’Dowd.

“Homeowners and volunteers may not be familiar with the environmental hazards that may be present in storm damaged buildings or what the appropriate protective measures that are needed,” the Commissioner added.

Those involved in clean up activities should also check with their health care provider to determine if they need a booster shot or tetanus vaccination. Everyone should be immunized with a tetanus, diphtheria, and pertussis-containing vaccine. Individuals should receive a tetanus booster if they have not been vaccinated for tetanus during the past 10 years.

People who sustain a wound should check with their healthcare provider to determine if they need to be vaccinated, as the decision will depend on an assessment of the wound and the person’s past immunization history.

Below are some do’s and don’ts for clean up work:

DO’s:

  • Call a professional if you feel the work is too extensive
  • Talk to an environmental health professional about safety and working in a building that has been damaged by the storm
  • Wear appropriate protective equipment including gloves, hard hats, goggle, and boots
  • Wear the appropriate respirator. A single respirator may not protect you against all of the hazards that may be present. A dust respirator will not protect you against vapors from oils or fuels
  • Make sure you are fit to wear a respirator and to conduct the work. Remediation and clean up work can be very strenuous and breathing through a respirator can add additional stress to breathing. Talk with a healthcare professional if you are uncertain about the risks of wearing a respirator
  • Take frequent breaks and remain hydrated
  • Wash hands and any areas where your skin contacts debris

DON’Ts:

  • Do not enter the building if you are uncertain about the buildings stability or of any hazards that may exist
  • Do not conduct any work without Continue reading →

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