Lawsuit challenges a Hollywood pillar: Unpaid internships

Eric Glatt

Today’s post was shared by The Workers’ Injury Law & Advocacy Group and comes from www.latimes.com

Melvin Mar’s entrée to Hollywood was far from glamorous. As an unpaid intern for "Platoon" producer Arnold Kopelson, Mar was responsible for fetching his boss’ lunch of matzo ball soup every day.

Mar calculated to the minute how long it would take to walk from the production company’s Century City offices to the Stage Deli nearby, buy the soup and decant it into a bowl on Kopelson’s desk, still piping hot, at precisely 1 p.m.

Mar parlayed his internship into jobs at DreamWorks and Scott Rudin Productions. Now Mar is a producer for "Bad Teacher" filmmaker Jake Kasdan — and he says he owes a lot to the lessons he learned as a humble Hollywood gofer 15 years ago.

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"The soup — it was about getting it right, the details," said Mar, 35. "It prepared me for everything else."

Uncompensated minions are as central to the movie business as private jets, splashy premieres and $200 lunches. But the Hollywood tradition is under assault.

A class action by former interns on the 2010 film "Black Swan" could radically change the industry’s reliance on unpaid neophytes. The suit seeks back pay, damages and an order barring use of unpaid interns at Fox Searchlight Pictures and other units of Fox Entertainment Group.

A legal victory for the plaintiffs "would bring to a halt the many unpaid internships that offer real value to participants, giving them experiences and opportunities they would not otherwise receive,"…

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Senior Partner Jordan Ziegler Honored By Metropolitan Transportation Authority Police Benevolent Association

On April 10th, the Metropolitan Transportation Authority Police Benevolent Association (MTA PBA) recognized Senior Partner Jordan Ziegler for his many years of service and success representing their members for their work related injury legal needs. We are proud of Jordan’s dedication to the MTA PBA and his tireless representation of all injured workers.

Formed on August 10th, 1998, the purpose of the MTA PBA is “to promote and develop a fraternal spirit among all members, to aid our fellow members upon necessity or emergency, to advance the general welfare and efficiency of the department, to promote legislation beneficial to our members and their families and to oppose legislation detrimental to those interests”

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Congratulations To Our 2014 SuperLawyers

We are proud to congratulate each of Victor Pasternack,Barbara Doblin TilkerJordan ZieglerCatherine StantonEdgar Romano and Robert Saminskyfor being named to the New York Super Lawyers list as one of the top attorneys in New York for 2014. No more than 5 percent of the lawyers in the state are selected by Super Lawyers.

This is the 9th consecutive year Ziegler has been selected, the 8th consecutive selection for Tilker and Stanton, the 6th for Pasternack and Saminsky and the 5th for Romano.

We are honored that so many of our attorneys have a multi-year recurring presence on this prestigious list. 

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.

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Is Worker’s Comp Profitable Because Disabled Workers Don’t Get Benefits?

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

I recently wrote an article in the national magazine for the Worker’s Injury Law Advocacy Group (WILG), the Worker’s First Watch, Fall 2013 reviewing the worker’s compensation resources research report indicating that the worker’s compensation industry is extremely profitable.  I began representing injured workers in 1976.  It seems every year since then worker’s compensation insurance carriers have complained they are not making profits and the culprit responsible is increased benefits paid to workers.  In fact, over the last 20 years the insurance industry has been profitable in 16 of 19 years and broke even in one year.  Several factors account for this profitability, including worker’s compensation insurance carriers successfully pursuing deregulation and “reform” measures to restrict eligibility.

The net result of increasingly restrictive rules for compensability in many State worker’s compensation systems as a result of “reform” resulted in many workers with disabilities caused by work who did not receive worker’s compensation benefits.

The general trend since the early 1990s has been to restrict coverage through State statutory and administrative “reform”.  Many workers face lengthy litigation and frustration.  More restrictive regulations may preclude claims where the worker lacks “objective” medical evidence for his injury, or is unable to medically document persistent pain, or has a disease resulting from multiple causation that cannot be distinguished from workplace disease, or has job stress related disorders.  One significant problem is that many injured workers fail to file for benefits.  (For those of us in the trenches daily, these pose obstacles to compensability.)  Among the many reasons for failure to file are:

  • Ignorance of worker’s compensation and eligibility.
  • Ignorance of the work-relatedness of the condition.  (Many workers know they suffer an impairment but do not know the health condition is caused by work.)
  • Reimbursement for medical care or Short Term Disability benefits available.  (Many workers use Short Term Disability or group medical insurance rather than worker’s comp.)
  • Belief that the injury is lacking in sufficient severity.
  • Many workers fear job loss or other forms of retaliation, who do not want to report a condition as work-related.
  • Workers do not want to be perceived as complainers or careless.
  • Deciding not to file based on the negative experience of co-workers.
  • Fear of the stigma associated with being a worker’s compensation claimant.  (Much of this stems from the intense focus on fraud perpetrated by the insurance industry, resulting in increased levels of stigmatization, decreasing the likelihood injured workers will file for benefits.)
  • Pressure from co-workers on safety incentive programs.  (These programs, sometimes called “Safety Bingo” create incentives not to report.)

Those of us who have hearings daily that involve the non-reporting of an injury, or significant time delay between the occurrence of an injury and the reporting of an injury, can refer to the above list for some ammunition on the “non-filing” or “late filing” issues.

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How To Prepare For Your Workers’ Compensation Hearing

If you have a serious injury on the job and file a claim for workers’ compensation benefits you will most likely at some point in time have to attend a hearing before the Workers’ Compensation Board. The hearing process can be daunting to many first time attendees. They don’t know what to expect; what to bring or in many cases even what to wear. Those who have attended hearings are upset about the fact that they have to wait for a long period of time in a huge waiting room only to be rushed in and out of the hearing courtroom or “part” in a matter of minutes. They complain that while sitting inside a hearing “part”, the parties all seem to be speaking in codes and abbreviations and they don’t seem to really understand what has occurred.

I am hoping that by providing information to you the hearing process does will not be as overwhelming and as confusing as it seems. When I first started in the practice, the board regularly scheduled hearings for any and all outstanding issues including need for treatment and or surgery. Most injured workers had numerous hearings before the workers’ compensation board with the same judge presiding and in many times the same insurance representative. Hearings were scheduled every 3-4 months untill the case was resolved which could take about 2 years.

Today however things are radically different. Most times medical requests are dealt with in-house. The medical treatment guidelines lay out specifically what is pre authorized if certain medical conditions apply. If the treating doctor wishes to pursue treatment outside the scope of the treatment guidelines he must request it and this may be authorized or denied. These requests and denials are all done through paperwork and the injured worker unfortunately has very little to say in the matter.

The amount of hearings has declined tremendously so if you are not represented by an attorney you need to be prepared.

  • Put together a file.
  • Make sure any administrative decisions have established all sites of injury you are claiming. If not, you need to tell the judge that you have a claim for other sites and you will be directed to produce medical where appropriate.
  • While your treating physician should be submitting regular medical reports to the workers’ compensation board and insurance carrier, you should always have your own copies of your medical records including diagnostic studies.
  • You are entitled to reimbursement for mileage and prescriptions related to your claim. Bring copies of bills and mileage requests if the carrier has failed to reimburse you for these expenses.
  • You should bring copies of all pertinent paperwork with you to proceed with your claim.
  • Do not ever come late to a hearing but bring reading material as many cases rarely start at the time indicated. However if you are late the judge will probably not recall your case and now you must wait for a rehearing.
  • You should be dressed appropriately and while a suit is not required, be mindful of the fact that you are appearing in a court room.

The key to being your own successful advocate is to be prepared, be polite and be patient.

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The Right to a Safe Workplace

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

Under federal law, every employee has the right to a safe workplace. If you believe your workplace is dangerous and changes in safety policy are ignored, you can request an inspection from OSHA (Occupational Safety and Health Administration).

Workers’ compensation, which is regulated on a state-by-state level, covers medical bills, lost wages, disability and vocational rehabilitation services for employees injured on the job. If you have any questions regarding these benefits, please contact an experienced lawyer in your area.

If you believe you work in an unsafe work area, here are some tips to be aware of to make sure your workplace is as safe as possible, and you protect yourself from significant injury:

  1.  Know the hazards in your workplace.
  2. While in a seated position, keep your shoulders in line with your hips. Use good form when lifting.
  3. Injuries occur when workers get tired. Take breaks when you’re tired.
  4. Do not skip safety procedures just because it makes the job easier or quicker. Using dangerous machinery is the one of the leading causes of work injuries.
  5. Be aware of where emergency shutoff switches are located.
  6. Report unsafe work areas.
  7. Wear proper safety equipment.

If you are injured due to an unsafe workplace, and you are unsure of the benefits that you are entitled to, contact an experienced attorney in your area.

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Understanding Your Claim: Workers’ Comp Terms Explained In Plain Language

Today we continue discussing workers’ compensation injuries and procedures.  While no one plans to get hurt on the job, there are some things you need to know if you find yourself dealing with the workers’ compensation system. If you are unfortunate enough to find yourself injured on the job you may be scheduled for a hearing or more likely receive an administrative decision regarding your claim. Many people who find themselves attending a hearing or in receipt of a decision are often times confused by the terminology. As a practitioner of workers’ compensation I can tell you that there are a lot of terms of art, abbreviations and the like that we use on a regular basis during the course of a claim.

One of the most common abbreviations we use is ANCR or ODNCR. For example, if you have an injury to your back you might receive a decision indicating ANCR back. Without ANCR or ODNCR, you cannot have a successful claim for workers’ compensation benefits. But what does it mean?  ANCR stands for accident, notice and causal relationship. ODNCR stands for occupational disease, notice and causal relationship. Here I will discuss each of the components.

  1. An ACCIDENT or OCCUPATIONAL DISEASE is one arising out of and in the course of the employment. Just because you get injured or sick on the job does not definitively mean you are entitled to file a claim. For example, if an employee gets assaulted on the job by a jealous spouse because of a domestic dispute, the injuries sustained would not be compensable as there is no work connection. If you are injured solely as a result of intoxication from alcohol or drugs while working, you would not be able to obtain workers’ compensation benefits. Similarly in occupational claims not only do you have to show that it occurred in the course of employment but that it must flow naturally from the work involved.
  2. The second component is NOTICE specifically notice to your employer that you were hurt on the job. The law prescribes that notice be given to the employer within 30 days of the accident and should be in writing although oral notice may be accepted. While many jobs have their own internal notice requirements, the law in New York State is 30 days. Notice is different than filing with New York State. The Statute of Limitations to file a claim with the New York State Workers’ Compensation board is 2 years. You may file within the 2 year statute but still lose your claim if you didn’t file proper notice with your employer within 30 days.
  3. Lastly, there must be CAUSAL RELATIONSHIP, between the job and the injury sustained. Is the injury you are suffering from as a result of the accident which occurred on the job. In order to prove this you must have a medical report from a qualified medical provider. The doctor should be a licensed to practice under the workers’ compensation and familiar with the system which includes the requisites necessary in order to file a proper report. If you are able to confirm these components, your case may be accepted or established. It is imperative that these steps are followed as it is possible that a very serious injury may sustained but never established because it fails to follow what has been directed.

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The State of the Union – – Candy-Coated Visions of US “Exceptionalism”

 

Today’s post comes from guest author Jay Causey, from Causey Law Firm.

           This short piece has nothing to do with workers’ compensation. It does have much to do with US workers. In the recent State of the Union speech, and its accompanying hoopla, President Obama and the Republican “counterpoint” presenters predictably extolled the underlying greatness of the good ol’ USA, essentially ignoring the primary rot to our nation that has occurred during my adult lifetime.

           Few in our national power structure – – either on the left or right – – want to acknowledge the devastating impact of income and asset inequality on our core social, economic, and political values. Occasional bursts of activity here and there to raise minimum wages to realistic levels chip around the edges of the problem. But until there is the political will to rebuild our decaying infrastructure, rethink our hemorrhaging defense budget, and massively transform our taxation scheme in this country, the future is not a rosy one.

           Some factoids underscoring the problem were recently outlined in Rolling Stone magazine:

  1. The amount of new income generated since 2009 going to the top 1%: 95%
  2. Financial wealth controlled by the bottom 60% of all Americans: 2.3%
  3. Record combined wealth of the top 400 richest Americans: $2 trillion
  4. Real decline in median middle-class incomes since 1999: $5000
  5. Federal minimum wage: $7.25
  6. What the minimum wage would be if it kept pace with worker productivity since 1968: $21.72
  7. Number of US workers earning at or below minimum wage: 3.6 million
  8. Taxpayer subsidies to the fast–food industry to pay benefits to fast-food workers earning poverty wages: $7 Billion
  9. US defense spending in 2012: $682 billion; amount spent by China, our nearest plausible military rival: $166 billion
  10.  Federal deficit in 2013: $680 billion
  11.  Official unemployment rate: 6.7%
  12.  Unemployment rate which includes Americans who have given up looking or only have part-time employment: 13.1%

           That there are at least some stirrings of recognition here and there of the corrosive effect of these conditions on our way of life is a somewhat hopeful sign. However, don’t count on the national media – – owned by six or seven behemoth corporations – – to elevate this conversation above the whispers and murmurs below. This issue usually only gets its attention, as recently occurred, when some clown–like multibillionaire capitalist equates complaints about the ultra-rich to the attacks on Jews in Nazi Germany. And every so often a former corporate “insider” or CEO will blow the whistle on his cronies, such as acknowledging that since 1950 the ratio of CEO to employee pay increased by 1000% and that these execs sit on the governing boards of companies dramatically underperforming against the market while they draw millions for the “value” of their “expertise.”  But, it will take a sea-change in the political representation of the economic underclass – – that is, of about 90 to 95% of the population – – before anything happens.   

           But we’re the greatest, aren’t we?! A Canadian journalist recently authored a book entitled Merger of the Century in which she proffered the merger of Canada with the United States as the solution to both countries’ problems. This thesis prompted another well-known Canadian columnist and author to react and observe some reasons not to take this course:

            “Over the past decade, the US has debased its currency and destabilized the world financial system, thanks to venal and incompetent Wall Street tycoons. Its foreign-policy has lost its way into costly wars that have made the world less safe, not more. American education and health care are both outrageously expensive and deliver relatively poor outcomes while its once–admired justice system has become a conveyor belt into the bloated and corrupt prison system. Absorbing Canada would be great for the US – – it would gain an immense source of natural resources and an infusion of some 34 million educated and law-abiding citizens. But Canada is by every measure a better–governed country than the US. So why would Canadians want to take such a great leap backward?”

           So, will the general public of this country actually find the willpower to insist we do what is needed to make the USA the truly exceptional place it was 50 years ago? Or are we just going to sit around mouthing the words and beating our chests about past glories?

 Photo credit: Unknown or not provided / Foter / Public Domain Mark 1.0

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