Author Archives: Matthew Funk

What Does That Stand For? Commonly Used Acronyms in Workers’ Compensation Cases

Today’s post comes from guest author Brianne Rohner from Rehm, Bennett & Moore.

Every profession has certain turns of phrase or acronyms they use on a daily basis that, to the layperson, mean very little and may only serve to add confusion to an already difficult issue. The legal profession and the representation of injured workers is no different. Injured workers often find themselves traveling down a confusing road armed only with directions written in an unfamiliar or foreign-sounding language. The experienced attorneys at our firm navigate clients down this road on a daily basis.  

Below is a list of commonly used acronyms to assist in understanding what is happening with your workers’ compensation case when everyone around you is suddenly speaking another language. Please keep in mind that the accompanying definitions are very general, and you should seek the advice of an experienced workers’ compensation attorney for more information or assistance with your case. Please also see the links for other blog posts for more information on some of these issues.    

Prior results do not guarantee outcomes.
Attorney Advertising.

Suicides in the U.S. Military: An Epidemic; What about Workers’ Compensation?

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

In 2012, suicides in the U.S. military were at a record high of 349, which was higher than the 295 American combat deaths in Afghanistan in 2012. This number is up from 301 in 2011. The Pentagon has had a difficult time dealing with this epidemic, which likely stems from military personnel being in combat for more than a decade in Afghanistan and Iraq, complicated by anxiety over being forced out of the military due to a “shrinking force.”

In 2011, 65% of soldiers who attempted suicide had a history of behavioral problems; however, only 45% of those who actually killed themselves had such a history. If there are signs that these service members were asking for help, they were not getting the help that they needed.

What’s interesting is that the U.S. military keeps statistics on suicides, and when the numbers go up to alarming rates the  hope is that something will be done to investigate. For years, workers’ compensation lawyers have heard about suicides from employees who did not get proper medical care, who could not handle the abuse that sometimes happens within the system, and who could no longer stand the pain of permanent injuries, disability and resulting depression. But where are the statistics on these deaths? The insurance industry either has this information or it could get it. As a matter of public policy, should they be required to report it?

Prior results do not guarantee outcomes.
Attorney Advertising.

Hazards exist in the surface refinishing business

Today’s post comes from guest author Jon Gelman from Jon Gelman, LLC – Attorney at Law.

University of Iowa, College of Public health, recently reported the death of a bathtub refinishing technician who died from the inhalation of paint stripper vapors.

The apartment manager and first responders reported a strong chemical odor in the second story apartment.

In 2012, a 37-year-old female technician employed by a surface-refinishing business died from inhalation exposure to methylene chloride and methanol vapors while she used a chemical stripper to prep the surface of a bathtub for refinishing. The technician was working alone without respiratory protection or ventilation controls in a small bathroom of a rental apartment. When the technician did not pick up her children at the end of the day, her parents contacted her employer, who then called the apartment complex manager after determining the victim’s personal vehicle was still at the refinishing company’s parking lot. The apartment complex manager went to the apartment unit where the employee had been working and called 911 upon finding the employee unresponsive, slumped over the bathtub. City Fire Department responders arrived within 4 minutes of the 911 call. The apartment manager and first responders reported a strong chemical odor in the second story apartment. There was an uncapped gallon can of Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Chemical Exposure: Devastating Consequences

Today’s post comes from guest author Charlie Domer from The Domer Law Firm.

Chemical exposure in the workplace can have an insidious–yet devasating–effect on a worker.  In a wide-ranging article, the New York Times presented an in-depth view of chemical exposure at furniture factories in North Carolina: “As OSHA Emphasizes Safety, Long-Term Health Risks Fester” The article focused on the questionable ability of OSHA to regulate workplace chemicals, as well as the personal (and neurological) toll caused by such exposure.

Somewhat absent from the discussion was a focus on workers’ compensation benefits for these workers.  Occupational exposure is not limited to repetitive back injuries or other orthopedic conditions.  While soemtimes more difficult to detect or pinpoint, exposure to serious chemicals in the workplace can result in health consequences for the exposed worker.  In Wisconsin, for example, an injured worker can bring a claim for the medical effects caused by exposure to workplace chemicals.  These occupational exposure claims ,if supported by a medical physician, entitle the injured worker to benefits under the Wisconsin worker’s compensation act.  Pinpointing the precise chemcial causing the exposure can be difficult, but a worker can attempt to obtain the Material Safety Data Sheets (MSDS) from the employer that identifies chemicals/toxins being used.  Presenting that information to a qualified physician can assist in determining causation.  

In many cases, a worker can experience a permanent sensitization to certain chemicals–precluding the ability to continue working at the same employer or facility.  In these scenarios, a worker may have the right to bring a claim for a loss of earning capacity or even be retrained into a new field that avoids the exposure.

 

Prior results do not guarantee outcomes.
Attorney Advertising.

Nanotechnology in the Workplace

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

During cancer research in 1986 an accident created the first man-made nanoparticle, an incredibly small particle which can absorb radiant energy and theoretically destroy a tumor. One type of nanoparticle is 20 times stronger than steel and is found in over 1,300 consumer products, including laptops, cell phones, plastic bottles, shampoos, sunscreens, acne treatment lotions and automobile tires. It is the forerunner of the next industrial revolution.

What is the problem? Unfortunately, nanoparticles are somewhat unpredictable and no one really knows how they react to humans. A report out of China claims that two nano-workers died as a result of overexposure, and in Belgium five males inhaled radioactive nanoparticles in an experiment and within 60 seconds the nanoparticles shot straight into the bloodstream, which is a potential setup for disaster. In a survey of scientists 30% listed “new health problems” associated with nanotechnology as a major concern.

Lewis L. Laska, a business law professor, wrote an article in Trial Magazine (September, 2012) in which he advised lawyers to become knowledgeable about nanoscience and be aware of the potential harm to workers and others who come in contact with this new technology, particularly because the EPA, FDA and OSHA have neither approved nor disapproved the use of nanostructures in products. It has been said that workers are like canaries in the cage (in mining operations), and if nanoscience is a danger then workers’ compensation lawyers will be the first to see it and appreciate it.

Prior results do not guarantee outcomes.
Attorney Advertising.

6 Attorneys Named As 2013 SuperLawyers

Victor Pasternack, Barbara Doblin Tilker and Jordan Ziegler (top row). Catherine Stanton, Edgar Romano and Robert Saminsky (bottom row).

We are proud to congratulate each of Victor Pasternack, Barbara Doblin Tilker, Jordan Ziegler, Catherine Stanton, Edgar Romano and Robert Saminsky for being named to the New York Super Lawyers list as one of the top attorneys in New York for 2013. This is the 8th consecutive year Ziegler has been selected, the 7th consecutive selection for Tilker and Stanton, the 5th for Pasternack and Saminsky and the 4th for Romano. It is an honor to have so many or our attorneys on this prestigious list, as no more than 5 percent of the lawyers in the state are selected by Super Lawyers.

Additionally, SuperLawyers has selected both Barbara Dolbin Tilker and Catherine Stanton as Top 50 Women Attorneys in New York.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multi-phased process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area.

The first Super Lawyers list was published in 1991.

Prior results do not guarantee outcomes.
Attorney Advertising.

Bullying Not Limited to Workplace or Playground

Today’s post comes from guest author Jon Rehm from Rehm, Bennett & Moore.

I recently received an inquiry from a student about working through the challenges caused and exacerbated by her bullying professor, because unfortunately, bullying has never been limited to work or a school filled with children. This is my response.

Sorry to hear about your professor making your life miserable. I have two pieces of advice for dealing with him. Here is how you can proceed to protect your rights:

  1. Under Title IX, you likely have the right to take medical leave from school to deal with your psychiatric condition. This should allow you to stay in the program and preserve your ability to get your degree. This will at least give you time to treat your mental health condition so you can deal with your bullying professor. Here’s a blog post that touches on that portion of your concern. 
  2. Once you get your mental health together, I would attempt to band together with other students who have been bullied by the professor and bring it up with the administration. I find there is more power for people when they band together rather when the face their employer, or in your case school administration, as individuals. This blog post shows some information about what to do when you’re dealing with a bully. 

I sent you these blog posts so you can understand the underlying legal principles here. As a student you are protected against discrimination by Title IX. This includes protection from harassment that is motivated by sex, race, religion, etc. However this professor seems to be an equal-opportunity jerk, which means his conduct is not against the law. However, you likely have some protections based on disability as well under Title IX. Your mental-health condition is a disability, so at the very least the school will probably have to grant you some leave to take care of your mental-health condition.

The weakness with asking for accommodations from a bullying boss based on a mental-health condition is that administrators and courts tend to view people with mental-health conditions as overly sensitive and unreasonable.

If you can get a few people to join with you in standing up to a bully, you are in a stronger position. It sounds like you would have some people who would be willing to join with you. You are in a stronger position than you think. Your major is an industry that is competitive where the pay is fairly low. There is no shortage of people who are qualified to be teachers within you major. I’m sure they could hire someone with a basic sense of decency.

Prior results do not guarantee outcomes.
Attorney Advertising.

OSHA Reaches Employer Agreement to Stop Discouraging Employee Accident Reports

Today’s post comes from guest author Jon Gelman from Jon Gelman, LLC – Attorney at Law.

Statistics regarding the reporting of accidents have historically been challenged for accuracy as employees have been fearful about reporting events, and employers have been reluctant for numerous reasons, including the potential of increased insurance costs. Now OSHA has taken a significant step to legitimize the process by seeking an employer accord not to take adverse actions against employees for reporting injuries in the workplace.

The U.S. Department of Labor’s Occupational Safety and Health Administration has signed an accord with BNSF Railway Co., headquartered in Fort Worth, Texas, announcing BNSF’s voluntary revision of several personnel policies that OSHA alleged violated the whistleblower provisions of the Federal Railroad Safety Act and dissuaded workers from reporting on-the-job injuries. FRSA’s Section 20109 protects railroad workers from retaliation for, among other acts, reporting suspected violations of federal laws and regulations related to railroad safety and security, hazardous safety or security conditions, and on-the-job injuries.

“Protecting America’s railroad workers who report on-the-job injuries from retaliation is an essential element in OSHA’s mission. This accord makes significant progress toward ensuring that BNSF employees who report injuries do not suffer any adverse consequences for doing so,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “It also sets the tone for other railroad employers throughout the U.S. to take steps to ensure that their workers are not harassed, intimidated or terminated, in whole or part, for reporting workplace injuries.”

The major terms of the accord include:

  • Changing BNSF’s disciplinary policy so that injuries no longer play a role in determining the length of an employee’s probation following a record suspension for a serious rule violation. As of Aug. 31, 2012, BNSF has reduced the probations of 136 employees who were serving longer probations because they had been injured on-the-job.
  • Eliminating a policy that Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.