Modified Work Offers to Injured Workers

There are a lot of questions about modified work duties.

Larger corporations generally have policies in place to address modified work, but smaller employers may not know how to handle modified work duties. A lot of supervisors don’t understand Labor Code requirements regarding provision of modified work duties. Continue reading

Settlement of a Work Comp. Medical Award Will Affect Your Social Security Benefits

  • Sometimes the insurance company will contact you to ask if you are interested in a cash settlement of your future medical award. No one can force you to settle your future medical award if you don’t want to.  On the other hand, you can’t force the insurance company to settle your case by a lump sum, either. Both parties have to agree, and the settlement must be approved by a Worker’s Compensation Appeals Board Judge.  If you are currently eligible for Social Security benefits, keep in mind the anti-windfall provisions which will give Social Security an “off set”,  a credit against what benefits they think you are owed. Without proper structuring of the settlement, you could lose part of your monthly payment amount or put yourself at risk for a repayment claim by the federal government for overpayment of benefits.

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Uber Still Doesn’t Get It: Company Docs Reveal Flimsy Plan for Injured Workers

Source: Uber Still Doesn’t Get It: Company Docs Reveal Flimsy Plan for Injured Workers

This article outlines the issues faced by drivers working for Uber who are injured, assaulted, or otherwise injured while driving for Uber. Not suprisingly, being a driver for hire is one of the most dangerous jobs that exists in terms of fatal accidents and workplace violence. Continue reading

~5 Easy Ways to Derail Your Attorney/Client Relationship

(** This is a fantastic article by Tom Moring, a Phoenix Attorney practicing with law firm Jaberg Wilk** ) Article

When clients come to me for legal advice, I assume they will consider my advice, if not follow it.  However, for sake of argument, let’s say you are different and you want to know the best ways to negatively impact the attorney/client relationship. Continue reading

~ Article “A Brief Overview of Utilization Review in California” by Tom Swiatek

[Although originally posted in Nov. 2015, this provides a good outline of how Utilization Review is “supposed” to work…]

For many, utilization review (UR) is an abstract concept. If you have a fuzzy understanding of UR, this article is for you. If you have a solid understanding of UR, then this article may be a good refresher. Either way, if your work involves workers’ comp, you should have at least a basic understanding of how the UR process works. Continue reading

~Understanding the Difference Between “Specific” and “Cumulative” Injuries in California

TL;DR: California defines worker’s compensation injuries in two ways, “specific” (where the exact date and time of the injury is known), and a “cumulative trauma” (CT – ongoing exposure to a condition which causes injury in the form of physical injury over time.) Multiple employers within the CT complicate the situation, and most Defendants will try to shift liability to the other employer through depositions of the doctor and comparing the job duties between two employers.

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“KCRW Investigates: Independent Contractors and Worker’s Compensation – Left On Your Own”

Interesting investigative report on the impact of worker’s compensation exclusions used in classifying employees in order to avoid increased worker’s compensation costs. Includes a great interview with colleague and friend Brett “MadDog” Borah in San Jose. KCRW investigative report addresses a number of concerns in which classifying employees as “independent contractors” (a common occurrence in the trucking industry) shifts the burden of medical and disability costs onto the worker’s shoulders, and eventually shifting the burden to the taxpayers.

What Happens During a Medical-Legal evaluation?

What Happens During an AME/Panel QME/QME Evaluation?

TL:DR; You show up, Doctor examines you and asks questions, reads your records and then writes a report. This report decides the level of disability, which body parts are injured, and whether or not you are P&S (permanent and stationary). This is an important report that affects the value of your case. Continue reading