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Bradford County Employers Laying Off Workers
Attempts to unionize Proctor and Gamble's Mahoopany Plant
Workers compensation claim filed against Sayre Borough
CraftMaster offering buyouts to its salaried employees in Towanda, Pa
OSRAM Sylvania fined $6,273 by DEP
OSRAM's Towanda plant sold to Austrian company
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Workers' Compensation
- New York Times article on Independent Medical Exams
- Response to Time Magazine Article: "Doctor's View: Can Health Coverage Cause Pain?"
- Specific Loss Benefits
- Reimbursement for Travel Expenes in Pennsylvania Workers' Compensation Cases
- Flow of Pennsylvania Workers' Compensation Claim Documents Prior To Litigation
Workers' Compensation
New York Times article on biased "Independant" Medical Examiners
Recently, The New York Times began putting together a series of articles on the New York State workers’ compensation system. One of the articles printed in the April 1, 2009, edition was entitled “a world of hurt: exams of injured workers fuel mutual mistrust.” The article was written by N.R. Kleinfield and can be seen here.The whole gist of the series is the decline and unfairness of the New York workers’ compensation system. However, this article specifically focuses on the doctors who are used by the insurance companies as so called “independent” medical examiners. As this article proves, these examiners are nothing at all close to being "independent.” As one of the doctors indicated in the article, in order to be certified as an examiner in workers’ compensation cases, “basically, if you haven’t murdered anyone and you have a medical license, you get certified.”
Another aspect of the article talks about the significant disparity between the opinions of the treating physicians and the opinions of these insurance doctors or more commonly referred to as IMEs.
Although this article dealt specifically with the New York State workers’ compensation system, it has been my experience that these insurance company doctors permeate throughout the country. Actually, here at Carroll & Carroll, P.C., we like to refer to them as Defense Medical Examiners or DMEs.
Insurance adjusters know which doctors are favorable to them and which doctors are not. They know it based upon their own experience. Therefore, the doctors who will write an opinion that is favorable to the insurance company more often than the claimant will get more business.
I know some doctors who have their own private practice and actually see patients but also make over a million dollars a year merely doing insurance company work. They obviously know who pays the bills.
No Work Jobs
New blog post at the Pa Work Injury Law blog on a new case from the Pennsylvania Commonwealth Court addressing "No work" jobs being offered to injured employees just to get them back to work.See the post here.
Prison Guard receives settlement in MRSA case
COLLEGEVILLE — A borough woman who claimed she contracted a staph infection which caused facial scarring while working as a prison guard at Graterford Prison in 2003 recently settled for $226,000.According to the claim Snyder filed, she woke on Dec. 30, 2003, to find her face significantly swollen for no apparent reason. After consulting her primary health-care provider, she was referred to another doctor who cut her face to drain the swelling. This treatment, which was administered multiple times on multiple areas of Snyder's face, left her with facial scarring.
Schrom said Snyder has had "probably 40 infections that she's had over the course of time," that resulted in "40 separate outbreaks" on her skin.
Snyder's claim indicates she was diagnosed with MRSA on June 28, 2005 by an open wound specialist.
The infectious disease doctor who treated Snyder stated that there was "no question in my mind that Ms. Snyder acquired this bacterial strain while working at the prison," according to Snyder's claim.
Schrom said the prison initially told his client that they did not believe she had MRSA, rather acne.
To see the full story and photos of the facial scarring, go here.
New blog post at the Pa Injury Law blog about the effect Bush had on OSHA
You can see it here.Labels:
New post on the Pa Work Injury Law Blog about what to do when you're laid off
You can see the post here at the Pa Work Injury Law Blog. The post addresses the situation where the employee is working light duty due to a work related injury but then they are laid off for economic reasons. What happens to their wage benefits? See the post to get the answer.
New post on the Pa Work Injury Law Blog regarding unreasonable contest attorneys fees
You can see it here.Surprising change in Workers Compensation Medicare Set Aside practice and procedures
There's a new post at the Pa Work Injury blog about a surprising change in Medicare's set aside policy for the settlement of workers' compensation cases for people who are also on social security disability.It involves the immediate elimination of the claimant's ability to terminate or cash in a set aside account that is no longer needed.
Check it out.
Employee Free Choice Act-- Funny Video
Here's a funny video from American Rights At Work regarding the Employee Free Choice Act.Although this is supposed to be funny....you know there are people who think this is the right way for the world to be. Of course, they are Republicans.
Conveyor's designer pays $1.4M to man whose arm was snared
A conveyor system's designer agreed to pay $1.4 million to a man who sustained severe injuries of an arm that became caught in the system's moving belt. The case was filed in New York.
Steven Raynor sued New Berlin, Wis.-based HK Systems Inc., alleging that the company negligently failed to shield a 5-inch-wide opening that allowed access to the underside of its conveyor system's belt. While reaching beneath the conveyor, Raynor's left arm entered that opening and became snared by the belt.
Some 10 minutes elapsed before a co-worker arrived and freed Raynor's arm, which was broken in two places. The defense argued that Raynor's employer had removed a designer-installed shield that protected the opening, but it ultimately agreed to a pretrial settlement.
To see the full report on this case, go to VerdictSearch.com.
Anti-Union Sentiment in Religious Institutions
Here is an editorial in the Towanda Daily Review regariding Anti-Union sentiment in religious institutions. It's written by Michael A. Milz, President of Scranton Diocese Association of Catholic Teachers (SDACT). It's a good read and hits the point directly.
There was a time in this country that an entity like the Scranton Diocese would support unions and their creation instead of attempting to bust them.
Labels: towanda daily review unions
Pennsylvania Workers' Compensation Judge Book
Just added this link to the Resource section of the website. It's very useful for both attorneys who handle Pennsylvania Workers' Compensation cases as well as injured employees who want to learn more about what happens at workers' compensation hearings.
Check it out here.
Labels: work injury workers' compensation
The Defense Base Act Protects American Workers Injured in Iraq and Afghanistan
I added an article to our Pennsylvania Workers' Compensation Blog about American workers who have been injured helping with the reconstruction of Iraq and Afghanistan. You can see the article here.
You don't see this issue discussed too much in the news. But thousands of American workers have been injured overseas. If you know someone who has been injured overseas, contact us and we'll see if we can help them or get them to a specialist in this field.
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FAQs
Workers' Compensation
- What happens if I return to a modified duty job and then I am laid off?
- If I am unable to return to the type of work I did before I was injured, what happens?
- If I am injured on the job can I choose the doctor who treats me?
- Should an injured worker apply for unemployment benefits?
- What medical benefits does the Act provide to a worker after they have sustained an on-the-job injury?
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