Try a Diversion...Ruth's Cookies

Okay...this is not about workers compensation or Social Security disability. It is just about something as simple and rewarding as a cookie. Nothing earthshaking but there are times despite the stress and troubles in the world that we all need a time out and a time to just enjoy life. Ruth's Cookies has been a bakery I've known about for years. But what they produce is not some store bought version but a real cookie. The type that melts in your mouth and gives you an instant rush. They used to be out east but now are on the westside. I must admit their cookies are my favorites and by accident I came across them as I was driving on the westside. I was delighted to have rediscovered them and quickly bought a dozen snickerdoodles. Just think...only a simple cookie. That is about as far removed from controversy and disability as is possible. Time out to just enjoy.

The Disability Plan of Obama

I came across this proposed plan put out by the Obama Biden people. If I can find anything on a disability approach by the McCain campaign I will also post it. This link sets forth what I do consider as an interest in helping those with disabilities. It includes (scroll down the link) some ideas regarding Social Security disability. One big problem is the incredible delays in the system. When I see someone trying to address it then it sure beats a do nothing approach. In any event here is the link.

Amendment 57 Injured Worker Remedies (Withdrawn)

The upcoming election has on the ballot Amendment 57. Well that was the story but this has been withdrawn even though its on the ballot. Amendments 53,55,56 and 57 were withdrawn by the Dems. I will not bother to discuss all these but Amendment 57 was an effort to help injured workers by adding another claim that could be filed. However it is beyond workers compensation coverage. In the past workers compensation has been considered the exclusive remedy for a work injury. You could not sue your employer for an unsafe workplace. You could not recover for pain and suffering or punitive damages. Your remedy was limited to those benefits allowed by Colorado workers comp law. If this law passes it opens the door to new civil claims with a jury trial for unsafe workplaces that cause damages to workers. However it only applies to employers with ten or more employees and it prevents a double recovery for the same losses for which you received workers compensation benefits. I prefer that we increase benefits within the workers compensation system but this proposed law does offer a new approach. Sadly some workers comp cases really do not fairly compensate injured workers. I am especially concerned about cases where you lose your trade but receive an amount set by law which is simply inadequate. This law, if it passes (but realize it is now withdrawn from the voters), opens the door to further civil claims and frankly injured workers deserve more. Insurers can contest claims and use the law to limit benefits without regard to the inhumanity of it. Pain is poorly compensated. Often the injured worker loses his job and his health and is expected to just move along with low benefits. This proposed law lets you present it to a jury who may understand the true losses that are experienced. What does seem clear to me is that the true losses from a work injury must be compensated whether by this withdrawn effort or others that loosen up the tough laws that hurt injured workers over the last 15 years or so.

Changing Offices

We've just finished moving offices and it went quite smoothly all things considered. I had been out near the Citadel Mall area at one office for some 16 years. It was an excellent office but time for a change. We moved just north of downtown to 730 North Weber Street and also to another location more convenient to our operations. It's a 21st Century way to operate. The problems of moving after such a long time are significant. We had an enormous number of files. We decided on a new phone system and of course needed new stationery. All the details were handled although we are still waiting added changes to our phone system. What sticks with me as we went through with the move is how many people we've represented over the years. It was a trip down memory lane as I reviewed all of our records. Some of those cases were considered lost causes but turned out fine. It reminded me to keep emphasizing to people to get an experienced attorney on your side if at all possible. Even so called lost causes need not be so with competent help. Thinking an insurance company will max out your benefits is unrealistic. You may even think everything is going along fine but please understand the insurance wants to save money. That fact means they seek to minimize and close a case as soon as possible. It is the nature of the profit system and it conflicts with obtaining maximum benefits in almost all cases. With an attorney you increase the odds in your favor often by 50 to 100 percent or more.

SET Family Medical Clinics

A couple of posts ago I noted that low income people can seek out Peak Vista for medical assistance. But there is also another low income resource for medical assistance in this region that also deserves mention. One of my clients recently mentioned this to me and so here is a link to their website. If you are low income but can afford it they do charge a small fee but if not they still welcome you. The reason I mention this is that many people who are disabled or hurt do not realize there are medical resources out there willing to help. Some people have worked very hard all their lives and when trouble comes they lack knowledge of these resources. If you've been working hard and supporting yourself but find yourself knocked down its good to know that this exists. Legally it is important when you have a disability or need treatment for something that it may be available. Our society has caused medical insurance rates to be unaffordable for many hard working people. That needs change but in the meantime use what's there. A Judge can wonder how hurt or disabled you are if you avoid treatment. We can say its because you cannot afford it but it can make them question your disability.

Mileage Reimbursement

A claimant with medical benefits is also entitled to submit for mileage reimbursement. Trips to the doctor, the therapist and anything related to medical treatment/evaluations also can mean mileage going and coming. When you track it then it usually can be submitted for reimbursement. It is best to submit on a monthly or semi-monthly basis and not let it accumulate. Wait too long and reimbursement can be questioned though it can also be disputed at any time. Usually the insurer reviews the mileage and reimburses using a set rate. That rate can be seen here in this link.
Be realistic in your miles (some insurers use mapquest.com to calculate your miles) because excessive miles can make the insurer question even more about your case. Also mileage checks can take some time to compute and issue so do not think you will be quickly paid. Give it a month to six weeks.

Peak Vista Registration

Back in December 2007 I mentioned Peak Vista. This facility provides medical care to the less fortunate. It is an excellent resource when you have no funds and need medical help. I am posting here a link to the Peak Vista registration page where you can check out eligibility. This place really helps people so use it if at all possible and you cannot afford a private doctor and have no other benefits. If your workers comp has been denied or you want Social Security disability but have no money then check into this. My only criticism of Peak Vista (one shared by other attorneys) is they usually do not fill out any paperwork to assist with your claim for benefits. I realize it is time consuming and their time is valuable but if someone can get workers comp or Social Security then medical benefits are usually provided to them. To me this would allow the patient to obtain other medical care (freeing up Peak Vista people to help others) or perhaps Peak Vista could then bill and receive medicare payments. Of course I also understand that they do the best they can with what they have. In that regard, by reputation, they are quite helpful for most people. Whenever possible if you hurt and are broke give them a try. Who knows they may just save your life.

We Are Rated in Top 25 Workers Comp Blogs!

Received a nice email today from LexisNexis a major publisher. They have included our blog in the Top 25 in the country! It is a nice honor and much appreciated. Of course in turn I can say its contents are primarily the result of the problems and disabilities of those injured workers who deserve fair treatment. It always amazes me when I work in this field to deal with those who seem to reduce the injured worker to a price tag. No question there are financial elements of a claim but many of the injured must now live with pain and limitation. Further many must deal with other problems such as loss of career, depression and changing their lifestyle. They deserve to have their story told and told and told. I'll help tell it as long as I can for many years to come. Here is the link to view the Top 25 Blogs .

Sept 4th, 2008 brings two cases against claimants

The Colorado Court of Appeals decided two cases on September 4th against claimants. Both cases have complicated legal arguments but the claimant lost out. In the first case, Feeley, the claimant sought to reopen and have his claim reviewed again after he lost his original appeal. He felt that there was a more recent Colorado Supreme Court decision which should have been abided by in his earlier case but the court decided his earlier case could not be reopened under the doctrine of claim preclusion. In other words his prior appeal was the end of the line despite a later Supreme Court decision that compels Respondents not to close a case without taking the right steps. It really meant that his claim was too late to take advantage of the more recent decision yet its clear the older law was a mistaken intrepretation. The second case, Heinicke, decided that a claimant who returns to an authorized doctor who states his impairment is higher cannot shift the burden to the other side to prove otherwise. The claimant sought to reopen but the decision indicates the claimant still has a high burden to prove his case should be reopened due to worsening. This case is strange because we all know that a higher rating means more damage and logically it must mean a worsening. The court seemed to emphasize the claimant still had to prove it relates to his work injury except you have to say that when an authorized doctor rates higher he must also (implicitly if not explicitly) be saying it's all work related. The case makes it clear that reopening is not easy and the burden is high. I side with the claimant in both cases but that is no surprise as I only represent claimants. I think legal mistakes made should be corrected and not perpetuated. Feeley says too bad. I think evidence from an authorized physician should shift the burden to the other side. Heinicke says no way yet it costs $450 an hour to have a doctor testify. Most injured workers are financially hurting so this seems to perhaps deny relief to those least able to afford it.

Politics and Social Security Disability?

Here is a link to one writer who reports on Social Security news. It appears that some claims are being processed faster by the Social Security Administration if they hit the newspapers or have much media attention. He believes this may be political in nature. In the past he relates this was not the case. He suspects such cases are being expedited to avoid further bad publicity during an election year. If true it is another reminder to all of us to look beyond the lip service and the posturing and get to the truth. In my mind there is absolutely no doubt that claimants have languished under an agency that has been underfunded and undermanned by the current administration. No human being should have to wait more then 6 months for a hearing but they do often wait over a year. In any event click here for the article.

2008 Amendments to workers compensation

The Colorado Division of Workers Compensation has posted on the latest changes made to the statutes on workers compensation. You can read them right here. One change made is to prevent insurers from arguing that they only have to pay a portion of temporary and medical benefits due to prior work injuries. Such an argument could cripple the rights of injured workers when they sustain further injury. Trying to say they only owe half your medical bills or half your temporary benefits because you have had prior work injuries is now gone. Imagine being hurt on the job and now needing back surgery but the insurer says they will only pay a portion of the cost because you had prior back injuries. Insurers did not feel they should be responsible for all the benefits to be paid out when they only covered the last injury. The problem is this argument would fail to realize the last injury really was causing all the need for benefits. These amendments all became effective on July 1, 2008.

Disaboom.com at the DNC

The Democratic National Convention starts today in Denver Colorado. One group for the disabled is indicating it will be there. The link to their site (disaboom.com)
is here.
According to an ongoing poll disaboom is conducting about 57% are for Obama and 26% for McCain with the rest undecided. Why? At least historically the Democratic party was more pro-labor and the Republican party more pro-business. In Colorado until recently we had a Republican state and it showed in workers compensation "reform" as benefits/rights were cut back over at least a dozen years. Since the Democrats now are in the majority at the legislature and we have a democratic governor some changes have happened. The stronger the Democratic party the more likely further change for the better for workers will occur. One change I'd like to see is to throw out the scheduled rating and have everyone apply a whole person rating to every case. My view is that every permanent injury has an impact on your earning capacity. A hand injury can mean loss of a trade so it should be as serious as any other injury. Nowadays a hand injury can mean a low ball recovery even if you lose your trade/occupation and that is flat wrong. In any event if you are disabled/hurt then when you follow this election pay attention to who seems serious about the disabled and who gives lip service to helping the disabled. The wait for Social Security hearings is directly attributable to poor funding under the current administration.

Lump Sum $10000.00

You are allowed in workers comp to lump sum $10000 and this is frequently done. When you have a Final Admission and the insurance indicates $10000 (more or less) is due a claimant then you can get an advance of up to $10000 without any effort except to send a letter for the funds. This is quite different from a Petition for Lump Sum which we seldom use. The latter may bind you to the Final Admission. But getting $10000 is usually fast and easy. Plus, it does not bind you to the figures used by the insurance. You still have the ability to dispute it provided you act promptly within 30 days as noted in the Final Admission and its accompanying paperwork. What many people do not know is when a Final Admission is sent the insurer is usually obligated to honor it and pay biweekly until the money runs out or until able to change it by law. It does not send you one big check. Can you object to the figures or to the doctor's report about maximum medical improvement or his rating of impairment? Yes and you can also get $10000 of the amount due you while you object or dispute it further. For example, the Final Admission admits for $20000 and you feel that is wrong. Usually you get the first $10000 and also receive biweekly checks until the $20000 runs out or as provided by law. Often this is done to assist the claimant as we proceed to take the dispute to the next level. That can take several more months and the funds can ease his or her financial fears. One last thing....when you ask for this sum it is discounted. It is like getting money you'd normally receive over time all at once so the law uses a 4% discount calulation. Colorado adjusts it each year but you can look at the chart right here. There is some difference between whole person (back, neck, head, etc) and schedule (fingers, arms, legs, etc) and this is noted on the chart since benefits are paid differently in this two areas.

Sometimes appeals are premature...case decided 8/7/08

This case just decided indicates the parties could not push the appeal along. The case, to date, decides that a traveling claimant who contracted West Nile virus while working in Colorado may be covered under workers comp while living and working in Colorado under the travel status doctrine. At first the claimant lost but he appealed to the Industrial Claim Appeals panel. The panel said the first judge had not correctly applied the law when he said the claimant had to contract it during work hours. In any event the next appeal goes to the Court of Appeals who said it was too early to decide the case because the panel had remanded it back down to have the judge take further action. This makes it premature as no benefits were yet ordered. It looks like the parties then tried to agree on a way to try to keep the appeal going but it did not work. I suspect the appeal will crank out all over again since the parties were trying to expedite it and not have to go through it again. The case took over 2 years to get to where it is now with more still to come! Read the case here.

Waiting for Social Security Disability in Oregon

In this link to an excellent article in the Oregonian we see the terrible effects of the delays in processing and approving Social Security disability benefits. Years can go by and people can die just waiting. There can be appeals and more appeals. Even in the best of cases many months go by. There are simply more claims and less people to handle them but in addition there seems a concerted effort to deny the disabled a fair assessment in the early stages. Some cases astound me. A clearly disabled person who can no longer work is denied benefits and forced to wait for his hearing a year or more. Sometimes this person earned quite good pay and to think he'd give that up for a reduced benefit is plain crazy. Many would prefer to work. The stories in this article remind us that we can do better for the disabled. Congress needs to appropriate more and the process itself needs to be realistic not so technical we lose sight of the human side. As seen in this article linked here the human side is hurting.