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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

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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 →

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Surprising Findings On Baby Boomers and Worker’s Compensation (part 2)

The other week we shared a great post on baby boomers from our colleague Tom Domer of Wisconsin. Today we have Part 2 of this series. 

Recent NCCI stats shows that all groups of workers aged 35-64 have similar costs for work-related injury compensation.

The frequency of injury has steadily declined since the mid-1990s, with age group differences in frequency largely eliminated.  The decline in frequency has occurred for all age groups.  The differences among age groups in the early 1990s had almost completely disappeared by 2010.

A longstanding worker’s compensation maxim that “younger workers have much higher injury rates” is no longer true.  For example: the injury rate for workers age 55-64 was 16% lower than the frequency for all workers in the mid-1990s but actually 1% higher in 2010, indicating that the differences have clearly narrowed.

Lastly, in terms of severity of claims, older workers certainly cost more, primarily due to higher wages and increased medical costs for older workers.  The severity of medical costs Continue reading →

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The Reality Of Post Traumatic Stress Disorder

PTSD can be caused by traumatic events that happen anywhere - at war or in the workplace.

Today’s post comes to us from our colleague Len Jernigan of North Carolina.

The other week, Margaret Anderson, a Park Ranger at Mount Ranier National Park, was killed by an Iraq war veteran who may have been suffering from Post Traumatic Stress Disorder (PTSD). Her tragic death reminded me of several workers I have represented who had this condition after experiencing and/or witnessing horrific trauma in the workplace.

One was a 20 year employee of a public gas company who was heroically trying to fix a gas leak in a neighborhood when the gas line exploded and burned off most of his face. He healed but has flashbacks of the explosion, nightmares, depression and is constantly irritable. Before this event he was a great worker, a good family man and had a good sense of humor. He hasn’t been the same since.

Adjusters, employers, co-workers, attorneys and family members should understand that PTSD is a serious condition that needs immediate medical attention and that the failue to recognize and treat the condition can lead to tragic consequences.

Another client was on an assembly line in Raleigh, N.C. when an explosion sent a ball of fire racing through the plant. The ceiling caved in and a worker right next to her was crushed to death. Fortunately, because of workers’ compensation, these injured workers got timely medical and psychiatric care, but what about those workers who don’t get adequate and quick treatment? Continue reading →

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Support the UJA Federation and Sports for Youth With Us

Senior Partner Edgar Romano

Senior Partner Edgar Romano

Our partner Edgar Romano is riding on the UJA-Federation of New York and Sports For Youth team in the 2012 TD Five Boro Bike Tour on Sunday, May 6th. Romano has committed to fundraise for the UJA and its Sports for Youth program. You can check in on his progress toward his fundraising goal and donate by clicking here. We commend our partner on his philanthropic efforts and hope you will support him in this worthy cause.

If you would like to participate in the Five Boro Bike Tour as a member of the UJA Federation/Sports for Youth Team, you can sign up by clicking here.

2012 TD Five Boro Bike TourThe tour is America’s largest cycling event. It is a 40 mile, traffic-free ride for 32,000 cyclists through all five boros of New York city, and cyclists will tell you that it is the best way to see New York City.

 

UJA-Federation of New York & Sports for Youth

UJA-Federation of New York helps 4.5 million people in New York, in Israel, and around the world. Its network of agencies can feed the hungry, shelter the homeless, and train the unemployed. UJA-Federation of New York can respond quickly in a crisis, and can direct aid where it will do the most good – efficiently, effectively, and compassionately.

Sports for Youth, an initiative of UJA-Federation of New York, enables children of all ethnic and religious backgrounds, as well as all ages and athletic abilities, to enjoy sports. Grants provided by Sports for Youth benefit more than 12,000 children directly and countless others at JCCs and Ys, camps, and other agencies with sports-related programs.

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Surprising Findings On Baby Boomers and Worker’s Compensation (part 1)

You may be surprised to learn that age does not correlate with frequency of injury.

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

What is the impact on worker’s compensation from aging Baby Boomers who have postponed their retirement, working much longer than the previous generation? In a recent study by the NCCI (National Council Compensation Insurance) some interesting and surprising conclusions resulted. It is not surprising that the number of older workers is increasing. The study looked at the frequency and severity across age groups and tried to identify factors that accounted for the severity of injuries between older and younger workers.

Among the key findings are the following:

  • The major difference among age groups occurs between the 25-34 and the 35-44 age groups. All workers 35-64 appeared to have similar costs per worker. These reassuring findings suggest an aging workforce may have a less negative impact on the lost cost per worker than many analysts originally thought.
  • Many workers’ compensation professionals have the belief that younger workers have a much higher injury rate. That appears not to be true any longer. Differences in frequency by age have virtually disappeared.
  • The major factor involving older workers involves severity. Older workers tend to have more shoulder rotator cuff claims and knee injuries while younger workers have more back and ankle sprains.
  • Higher wages for older workers are a key factor leading to higher costs for older workers. On the medical side, more treatment per claim has increased medical costs.

The study indicated that older workers account for an increasing share of the U. S. workforce. In particular, the share of workers age 55-64 has been growing steadily. The number of workers age 45-54 has increased modestly. Workers over 65 were about 3% of all workers in 2000 and about 5% in 2010. Taken as a whole, the percentage of workers over 45 has increased from 34% in 2000 to 42% in 2010. (Our practice has seen a similar increase in older workers, many of whom must remain in their positions due to reduced or non-existent pension benefits, wage and benefit cuts, and an overall poor economy.)

For more on the working Baby Boomer generation, check back with us next week.

With over 30 years of experience representing injured workers in Wisconsin, Tom Domer was recently named the 2011 Milwaukee Workers’ Compensation Lawyer of the Year in Best Lawyers. Tom teaches the worker’s compensation course at Marquette University Law School, providing the instruction and training for many other lawyers. He lectures frequently around the nation. He also is a prolific writer, editing the national magazine Workers’ First Watch. He has co-authored over two dozen texts. Tom earned all his degrees in Wisconsin.

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Long Hours Linked To Health Problems And Lower Productivity

Providing employees a chance to work in teams, and socialize during breaks actually increases productivity.

Today, we have a guest post from our colleague Deborah Kohl of Massachusetts.

Many people are surprised to learn that mental disability claims due to workplace stress are compensable by workers’ compensation. Unfortunately, claims like these are on the rise as people work longer hours and feel the pressure of an increasingly competitive working environment.

Recent studies on mental health and the workplace have led researchers to discover that, over time, conditions such as extended working hours and long periods of solitary work can lead to decreased productivity, anxiety, and even major depression.

Employers can create conditions that are more supportive of mental health by taking simple steps like allowing workers to take breaks where socializing is permitted.

While it may seem initially counter-intuitive, studies show that in the long run, policies like these can lead to a more productive workplace.

Here are a few tips workers can use to stay mentally healthy at work:

  • Form friendships in the workplace. A positive relationship with even a single colleague can make a big difference in combating loneliness and depression. A friend at your office could provide an ear when you really need to release some steam or just take a mental break from an intense task.
  • That said, make a distinction between work and leisure, and make time for social activities outside the workplace. Continue reading →

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