Medications Involved with Injury Claims

Over at LexisNexis they posted about many of the common medications by name and generic version which are often prescribed for the injured. It is set up in a chart format but still you may need to scroll down as you look for the medication. It sometimes amazes me how many medications a person can be taking. Moreover those with Social Security disability claims can have multiple health problems. That can mean they may be taking a great many medications for pain, for the heart, for the stomach, for sleep, for anxiety, for diabetes and a host of other things. When I talk with people I must admit that some medications really do work. However it very much depends on the person. I can see the reason doctors have to try one thing and then another to see what works for you.

U.S. Supreme Court Audio Now in All Cases

This is just plain interesting though not just for workers compensation or Social Security disability matters. The United States Supreme Court is opening up its website so that visitors can listen to audio recorded arguments for its cases. That is a big change as in the past it has greatly limited this to making such recordings available much later. So if you want to hear the lawyers arguing a recent case that is important to you then give it a try. By the way often we hear questions and concerns coming from the court itself so it is not boring at all if the subject is of interest. In Colorado we already have this and it is fascinating especially in a workers comp case. For example here is the Colorado Supreme Court site from which you can seek more information.

Misclassifying Employees as Independent Contractors

The Denver Business Journal is reporting that the U.S. and Colorado are cracking down on businesses that misclassify employees as independent contractors. An independent contractor does not receive unemployment or workers compensation benefits. Most of us who represent claimants will question that an individual is an independent rather then an employee and it is wise to assume any claimant is an employee until the evidence is in. I would imagine that any government does not look with favor on those that try to avoid the requirements set by law. The definitions pertaining to what is an employee are at Colorado Revised Statutes 8-40-202.

Colorado Workplace Deaths in 2009 are lower

The Denver Business Journal is reporting that Colorado had fewer workplace deaths in 2009. The last time we had so few deaths was in 1998. My concern is that these statistics tell us nothing about why this is the situation. Are we safer in the workplace? Is the economy, unemployment and loss of many jobs to overseas sources leaving us with less employees? The good news is that deaths are down. The actual records for Colorado with a breakdown are here. Just to compare here are the figures for 2007 and for 2005.

Pinnacol's Recap of 2010 Legislation

Pinnacol at its website has neatly organized the 2010 legislation which it then reviews from its perspective. Included are links to each bill so you can read the bill itself. Pinnacol handles more workers comp claims then any other insurer in the state of Colorado. It certainly intends to be active in watching future legislative efforts and to be a voice for its point of view. The legislators noted are perhaps the most interested in fostering change in the system. How the political alignment changes after the coming elections may also affect future Colorado legislation in 2011. Injured workers are not as big or organized as business and insurance interests but should pay attention and support those legislators interested in change from their point of view.

Should you work while seeking Social Security Disability?

At this posting by another blogger there is a discussion on working while you pursue Social Security disability. Those who do work must realize that their work efforts can mean a Judge at the appeal/hearing stage will deny the claim figuring you can work enough not to be disabled. So trying to just earn some money can be dangerous to your claim although it may also show you are doing the best you can and still cannot earn a substantial amount. Be aware that any claim in this area really is asserting you are entitled to total disability benefits so any work is carefully reviewed. In any event the topic is discussed in the link.

Partially Amputated Fingers are Stumps Court Says

The Colorado Court of Appeals ruled in the Leffler case to uphold the decision to add $4800.00 for partial amputation of the index and middle finger. The claimant had this happen while involved with a sod harvesting machine. This added benefit decision was appealed by the insurer by asserting that benefit only applied to "stumps" and fingers are not "stumps". The case is a simple and quick read but it amazes me that the insurer appealed. The cost to appeal to the Court of Appeals is far more then $4800.00 since it goes from the deciding judge to the Industrial Claim Appeals Panel to the Court. Quite a bit of legal work is devoted to such an appeal. I am not saying the insurer did not have a right to address this issue in an appeal. But it seems impractical and going forward with an appeal to clear up what is a stump for all future cases seems a bit of a waste. After all how many such cases are there? I have always believed that extremity injuries to include hands and fingers can be devastating matters for some people. Imagine if you were a surgeon or piano player or even a carpenter. You can lose your trade and receive a low sum for the injury. So getting a few bucks such as was done in Leffler is better then nothing.

Social Security 75 Years Old: President's Address

">

TLC Pharmacy

There are times when some are poor or disabled with no way to obtain needed medications. In this article from the Gazette in Colorado Springs we see where there is one resource for those who cannot afford it and have no insurance coverage. Those involved with TLC Pharmacy deserve a great big thank you from all of us! In any event please be aware that they can be another source of help when insurers are playing the denial game or where there is no insurance coverage. A fair number of workers comp cases are contested and as such they are disputing that there is any insurance at all. Sometimes the claim never is allowed. At least there is one resource out there that may help with your medications.

Pinnacol CEO Interviewed

A few weeks ago the Pinnacol CEO was interviewed. I just came across it and thought it would be interesting to see what he had to say. You can read what he said here. Pinnacol is still interested in what he calls "separation" from the state which to me still means autonomy. He points out that premiums for businesses have been reduced by 50% over the past 5 years. He also believes the economy is still not that great. Pinnacol tracks payrolls and they are not picking up. My impression and the statistics I've seen suggest that claims are down and have been declining for several years. In fact in my view it started even before the latest economic turndown. Are jobs being shipped overseas? What do you think? The problem this country may be facing is how do you remain a consumer when your income is down? But whether injured or unemployed we really should make a committment as a nation to retraining and vocational rehabilitation. If we are losing assembly line jobs we need to replace them with desk and tech and skilled trade jobs.

Social Security Disability Filing Online

The traditional way to ask questions and also apply for Social Security disability benefits is to go down to a local SSA office. Any such filing is a bit time consuming as information needs to be supplied and the forms are somewhat complicated. Another option is to file the application online starting here. Be aware that it still takes a lot of your time and can be confusing. It also appears that one form has to be mailed in or dropped off at the agency office. I had one client file online but it was reported that it was not as easy as it might seem. My view is that you do so in person if you can. If not call them up or try the online approach. Any application takes time to process and that includes gathering up some if not all of your medical records. If you are denied be aware that such denials are common and you have the right to appeal provided you promptly act. By all means consult with an attorney especially if you've been denied as there can be many reasons for the denial that justify an appeal.

The New Surveillance

Years ago I would tell claimants that they must be careful as they often are followed and videotaped. Often this is not just to find out if you are a faker. It may also show how functional you are compared to what a doctor may be saying. If you doctor says stay off your feet or don't lift more then 10 lbs and you are videotaped walking around for a prolonged time or lifting 20 lbs it hurts your case even if it were one time or after taking pain medication or whatever. Such surveillance does not show the details or that what you did may have exhausted you. It just shows you more functional then what your doctor may have said. I would tell them to follow your doctors restrictions or if you are really having problems to limit your activities at all times. No one is invisible when they go out in public or can be seen from a parked vehicle. Surveillance videos can be shown to a judge and to your doctor so be careful. Doing something one time just because you push through the pain or take something to help with pain is using poor judgement. Get help when you need it or as with shopping shop more often but never disregard your doctor or your own well being. Anyway those were simpler times and now we must all think about new ways to find out about you. Be aware that going online or posting information on Facebook or wherever can be located and often obtained as noted at this other blog. Your activities, your resume, your dreams, your abilities and your goals should be kept private during the workers compensation claim process. To me private means don't do it at all as thinking you can restrict access is foolish thinking. Further be extra careful with emails too. Those you think are your friends or co-workers can retain emails and they may in some way be used against you. Discussions about your health, your job, your claim and others related to any of that should be severely restricted and ideally eliminated during your claim. A failure to act wisely can mean losing your doctor even your attorney and perhaps your case. Surveillance nowadays is not to be taken lightly.
UPDATE Sep. 29, 2010: If anyone thinks that Facebook or other online social networks are not being noticed by attorneys and insurers please look at this detailed legal article that reviews the situation. Moreover investigators can have a motherload of information to use against claimants. Restricting access may not stop them. You may not even realize how it can be used but others know better. For example you go to a rock concert and post about it. It was fun; it lasted 2 hours and everyone was on their feet the entire time. But what did your doctor say? Did he restrict your standing? So now you are seen disregarding your doctor. My view...anyone with such an account should cease posting for the duration of your case or be at risk.

The Survey

Insurers are now required to survey each claimant after the case is over as set forth in this rule just posted by the Division of Workers Compensation. This is then yearly reported by them. I wonder how many angry claimants will respond to the few questions posed to them. They relate to claimant satisfaction and this mandatory survey may reveal how many are dissatisfied. Many are not pleased by the process which originally was designed to promote the prompt and efficient delivery of benefits. Nowadays we have disputes all over the place which if not quickly resolved proceed to hearings and sometimes to appeals.

Settlement Documents

This link to the Division website lets you take a look at the standardized workers compensation settlement agreements. These documents are uniform so the language is the same for just about everybody. That said there are ways to make some changes or attach other documents that may be side deals between the parties. If you've been provided documents and want to see if they conform or where they differ check it out.

Maximum Rates

Workers Compensation benefits are all set by statute. Benefits are a form of insurance coverage for those who have been shown hurt at work. But like any insurance it does not pay unlimited benefits. Benefits are restricted by what we call caps and that means they are limited depending on the situation. Anyone's true losses and pain may be much higher but workers comp given it is insurance only covers what the state sets forth it will cover. Even then disputes are common especially over the severity of the injury and whether work activities caused or aggravated your condition. There may also be disputes on wage calculations, dates, doctors or medical care, job termination, and much more. One cap noted is on maximum rates. Each year this figure can change but what it means is that you can get less but never more then the cap if your wage exceeds $1216 a week (which can include certain other wage related benefits if applicable). Given this figure it means that the top amount of $810.67 is the maximum figure for temporary total disability (2/3rds of the $1216.00).