A blog by a Colorado attorney on legal news, views and tips on Colorado Workers Compensation and Social Security Disability. Written from the point of view of the injured or disabled worker.
Tuesday, January 07, 2014
Labor pushing for WC Reforms
It is being reported there is interest by labor in some workers comp reforms. Articles on this appear here and there. Over the years my experience with reforms has been to see a reduction in benefits disguised as reform. This has led to lower workers compensation premiums for employers. I've always wondered why employers can select the treating doctors.
My experience is that these selected doctors are not always loyal to their patient the claimant. I've seen cozy relationships with many of them with the insurance. I've seen lack of interest in the welfare of the claimant. Of course there have been other doctors who have been on the claimants side too. But by and large I've wondered why the claimant cannot pick his own doctor. In any event this is one area of interest by labor which may mean an effort to give the claimant more choice. In another area it's been my experience that most injured workers with a serious injury do not stay with their employer. Perhaps they do with a minor injury but anything significant almost always led to some form of job termination. I can understand where this can happen aside from the obvious cases where the employer wants to get rid of the injured worker. Often the claimant is left with restrictions and disability which cannot be accommodated. Others are truly totally disabled. But in some cases the employee wants to work but can no longer do his existing job. Receiving a modest benefit is not enough. Again in this area there is labor interest in reform. Lastly there is interest in changing the penalty portion of the law which permits a 50 per cent reduction in benefits for safety rule violations. I've often wondered how they can say workers comp is no fault and then introduce fault into it as a way to reduce worker benefits. While I am on the side of the injured worker I can see the other side has some points too. Businesses want healthy workers and smart ones too. Injuries or rule violations are an expense they want to minimize. Hopefully there is room to compromise here. For the present the news is that there appears to be an effort in 2014, by labor, to help the injured worker by reforming parts of existing law.
"...this is the cause of my life, new hope that we will break the old gridlock and guarantee that every American -- north, south, east, west, young, old -- will have decent, quality health care as a fundamental right and not a privilege." Ted Kennedy Aug 26, 2008 (Update: June 28, 2012 the US Supreme Court upholds Obamacare)
Do We Pass the Test?
"It was once said that the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the aged; and those who are in the shadows of life, the sick, the needy and the handicapped."
I've been living in beautiful Colorado and practicing law for over 35 years. It's been a great place to raise a family. Originally from New York I settled here, married here and raised two daughters, Jenny and Mary. I practiced near downtown Colorado Springs but now consider myself "retired" so I am not taking any more legal matters, clients or cases but I appreciate being able to help as many clients as I could for so many years. Now I especially enjoy my retirement time with family including 4 special ones...a grandson, Max, twin granddaughters, Penny and Cici and last but not least grandson Eliot. You can contact me at my email address which is email@example.com.
In the past we offered free consultations in cases but we are not taking any more legal matters or cases as retirement calls. You can email us at firstname.lastname@example.org. We've been protecting injured workers for many years and truly went the distance for many people. We made a difference for most of them and stood up for right not might. If you need an attorney I suggest you find someone where you live who offers free consultations. Also I urge you to discuss your case with an attorney if at all possible. This field is technical and complex. I would even call it tricky so seek advice from an attorney. If that is not possible call the Colorado Division of Workers Compensation customer service section for helpful information.
The information in this blog is intended to represent my personal views and opinions. It is not intended to be specific or personal legal advice which should only be obtained by a consultation with an experienced attorney. All this blog provides is general information I consider important to me. It may be of interest to others but for any advice or advisory statements consult with an attorney not a blog.
Special Personal News on Cici, our grandaughter (September 2011)
Nearly 3 years ago our grandaughter Cici had a serious medical problem. Her survival was at risk and she was deprived of oxygen because of a tragic choking/swallowing problem. It is known as an anoxic brain injury. The recovery has been challenging and slow but some progress has been made. We are thankful to be part of her recovery. I remain truly grateful for the prayers and touching support provided by so many people to my daughter and the family. We are actively committed to Cici's recovery and to her loved one's for as long as it takes. You can follow this difficult but amazing journey on my daughter's and husband Matt's Blog. Where there is life there is hope. We've had tough times but we have also seen courage and love in action for her and also for others. For examples look below.