Monday Q & A: Help – I forgot to keep track of the days I lost!

QUESTION: WHEN I GOT INJURED I DIDN’T KEEP A LIST OF THE DAYS I LOST. DOES THAT MEAN I CAN’T PUT IN A CLAIM FOR WORKERS’ COMPENSATION?

ANSWER: THE EMPLOYER IS RESPONSIBLE FOR REPORTING TO THE WORKERS’ COMPENSATION BOARD ANY DAYS LOST TO INJURY.

Joe had been out with that broken leg from the scaffolding accident for more than a month but less than three. That much he knew. However, he had misplaced his date book, and just wasn’t quite sure when he had returned to work. It was all hazy which might have to do with the mild concussion he had gotten from his fall. Joe was worried that if he didn’t have the exact dates his claim, his Workers’ Comp application wouldn’t be accepted. He began to think it was pointless to Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

What Expecting Parents Need To Know About Topamax

Topamax, also known as topiramate, was originally approved by the Food & Drug Administration (FDA) for the treatment of seizures in epileptic patients. However, it is often prescribed “off-label” for weight loss, chronic pain, headaches, alcoholism, bulimia, and psychiatric conditions. Off-label use of medications is controversial, but not illegal. A drug company is only permitted to market its drugs for uses that are part of the warning label and for indications for which the FDA has approved the drug after reviewing available safety data. Many pharmaceutical manufacturers, however, have faced civil and criminal penalties over the last decade for also promoting their drugs for uses for which they have not been approved by the FDA and for which they have failed to provide adequate safety information. Many physicians are unaware of the lack of safety data to support a number of off-label uses of medications, which has resulted in harm to patients.

Recently, Topamax has been linked to birth defects in children. Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

The Most Dangerous Toys of 2011

Giving a gift to a child is meant to end in a smile, not a trip to the hospital. According to the Consumer Products Safety Commission, in 2009 there were approximately 250,000 toy-related trips to the emergency room. The non-profit World Against Toys Causing Harm (WATCH) is looking to reduce that number. They have compiled their annual list of the 10 most dangerous toys. While none are as dangerous as the Radioactive Science Kit sold in the 1950’s, the toys on WATCH’s list pose risks for choking, electrocution, puncture wounds and a host of other injuries. We urge you to avoid purchasing these toys or allowing your children to play with them.

1. Twist ‘n Sort
The toy has already been recalled once because its small pegs can detach, posing a choking hazard to young children. Even after the recall, this problem has not been fixed.
2. Power Rangers Samurai Mega Blade
This is not a toy, it is a 2 foot long sword. The first few warnings on the package should be enough to scare off any concerned parent: “Do not: (1) aim toy at anyone, (2) hit anyone with toy, (3) poke anyone with toy, (4) swing toy at anyone.” Used correctly, this toy is dangerous. Used safely, this toy is useless.

Prior results do not guarantee outcomes.
Attorney Advertising.

Drug Watch: Propecia Causes Permanent Sexual Dysfunction

Propecia, a popular drug also known as the generic finasteride, has been used to treat male hair loss. Propecia is manufactured by Merck & Co., Inc. Although there is no cure for hair loss, Propecia can temporarily stop hair loss and regrow hair.

Propecia belongs to the 5-alpha-reductase inhibitor (5-ARI) class of drugs, which can reduce hair loss by blocking a hormone known as dihydrotestosterone (DHT). Propecia decreases DHT levels, which can help to stop hair loss and regrow hair. Propecia comes in tablet form and is taken daily. It is often used by young men who have experienced premature loss of their hair. Proscar is a stronger version of finasteride which is generally prescribed to older women who have enlarged prostates, but has also been used by patients who were seeking to save and money and chose to cut up the Proscar pills in order to ingest the equivalent of the lower dose of finasteride contained in Propecia in order to treat their baldness.

The label revision is based on the FDA’s review of two studies, which showed that the drug boosts the chances of developing “high-grade” prostate cancer.

Earlier this year, Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: Am I eligible for workers’ comp and unemployment?

QUESTION: I AM OUT OF WORK ON A WORKERS’ COMPENSATION INJURY. AM I ALLOWED TO FILE FOR UNEMPLOYMENT BENEFITS?

ANSWER: YOU MAY FILE FOR UNEMPLOYMENT BENEFITS, AS YOU ARE ELIGIBLE FOR BOTH BENEFITS.

Joe was recovering from that bad fall off the scaffolding. He was receiving Workers’ Compensation Benefits. But facing months ahead out of work and on his back he didn’t know if he could survive on workers’ compensation benefits alone. He was curious if he could also file for Unemployment Benefits. He called Mike, his best friend on the job and asked what he should do. What did his friend Mike say? Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Drug Watch: Safety Concerns Over Multaq Continue to Rise

Multaq (also known as dronedarone) was approved by the Food & Drug Administration (“FDA”) in July of 2009 as an anti-arrhythmic drug for use in heart patients with persistent atrial fibrillation, which is the most common cardiac arrhythmia (abnormal heart rhythm), or paroxysmal (irregular heart rhythm). The drug is manufactured and marketed by Sanofi-Aventis. Multaq carries a “black box warning” which is the strongest level of warning on a prescription drug. The warning informs physicians that Multaq should not be prescribed for patients with severe congestive heart failure due to concerns that use of the drug might worsen patients’ heart failure symptoms or increase their chance of dying.

In the few short years that Multaq has been sold by Sanofi-Aventis, the heart drug has been in the news quite a bit, but not because of its wonderful benefits for patients. Instead, there is growing evidence that the drug is dangerous which has led to a great deal of fear for patients and apprehension among prescribing physicians:

• Early 2010 – The FDA warned of possible problems with the development of congestive heart failure in patients taking Multaq.

• Spring 2010 – The FDA warned of a possible link between Multaq and a potentially fatal Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Monday Workers’ Compensation Q&A: I filed a report and notified my supervisor. What else?

QUESTION: I FILED AN ACCIDENT REPORT AT WORK AND NOTIFIED MY SUPERVISOR. DO I HAVE TO DO ANYTHING ELSE?

ANSWER: YES! THE C-3 CLAIM STILL MUST BE FILED WITH THE WORKERS’ COMPENSATION BOARD BY THE INJURED WORKER.

Right before going on a cruise with his lovely wife for their 25th wedding anniversary, Joe got a pretty bad gash on his arm while fixing a pipe at work. The ER fixed him up quickly and when Joe got back to the office, he filed an accident report and then notified his supervisor, Mike in writing. Mike stuck his head out of the office and told Joe he would take care of the rest and to “get the hell out of here and enjoy that cruise!” Thinking he had covered all his bases to receive Workers’ Compensation, Joe gathered up his work gear and headed out to sail the next day to the Caribbean.

Stop, Joe! Stop!!

When a worker is injured HE or SHE must file a C-3 Claim with the Workers’ Compensation Board. It is the worker’s obligation to file this claim, NOT Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.

Tornadoes: What Would Happen to Mark Lindquist in New York State?

Thursday’s terrible tornado in North Carolina reminded me that these deadly events can happen anywhere, any time.

Workers’ compensation and tornados have been in the news a lot lately, partly because of the case of social worker and first responder Mark Lindquist, his miraculous survival, and his fight for workers’ comp.

Lindquist was at work when a deadly tornado touched down in Joplin, Missouri, last spring. That night he heroically saved 3 developmentally disabled adults, but in the 200 mile an hour gusts Lindquist lost all of his teeth, broke every rib, and ended up in a coma that lasted several months. His medical bills amounted to $2.5 million.

The Accident Fund Insurance Company of America, his company’s workers’ comp provider, initially denied the claim. However, recent news reports and public outrage resulted in a miraculous reversal by the insurance company on the issue of compensability.

So, what would have happened to Mark Lindquist if he had been employed in New York?

Well, in New York State Continue reading →

Prior results do not guarantee outcomes.
Attorney Advertising.