Monthly Archives: March 2012

Returning to Work Shouldn’t Be This Hard

Posted on March 8, 2012 by Roger Moore

Communicate with your doctor and follow a few guidelines to stay safe when you return to work.

In virtually all workers’ compensation cases an injured worker has to return to work in some capacity. Often these are very stressful situations and it is not uncommon for issues to arrise including conflict with an employer over what a safe return to work actually is. Your goal should be to continue to earn a paycheck while at the same time not risking further injury. Many times this is easier said than done.

Whether it’s a supervisor who ignores your restrictions or a human resources department that actively skirts them, issues frequently come up. We see employers do everything from requiring an injured worker to lift or stand more than they should, to pressuring an employee to return to work the day after a surgical procedure.

You can expect that a nurse case manager or HR specialist from your employer is communicating with your doctor’s office about your return to work. Sometimes they may misrepresent the work that they expect you to do upon your return. It is your job to fill in the gaps.

The most important thing an injured worker can do is communicate with his or her treating physician.

Educate your doctor about the job you were doing when you were initially hurt.
When you are assigned to work, educate your doctor about the light duty job you are doing.
If you are assigned to a job that is difficult for you to perform due to your injury, talk to your doctor about what aspects of that job are difficult. The doctor will likely be willing to restrict you from doing that specific activity.
If your employer is Continue reading →

Workplace Injury Details Vary Between States

Posted on March 6, 2012 by Rod Rehm

Our colleagues at Domer Law Office in Milwaukee got us to thinking about what workers’ compensation injuries are most common and what their cause is.

In Nebraska, the Workers’ Compensation Court Statistical Report breaks down all workers’ comp cases by such areas as the part of the body, the cause of the injury, and the nature of the injury (amputation, repetitive motion, burn or exposure, for example). For 2010, the most recent year statistics were available, “sprains or rupture” followed by “cut or abrasion” are the most common type of injury result. The most likely part of the body to be affected by far was the upper extremities, followed by the back, then “multiple body parts.” And the most injuries were caused by strains and “fall or slip injury.”

According to Domer Law, “the Wisconsin Division of Worker’s Compensation Research and Statistic Bureau categorizes injuries by the body part and nature of injury (amputation, burn, strain, for example).” Strains and lifting injuries are the most common type of injury in Wisconsin. When it comes to body part, “injuries involving the lower back area outstrip any other body part in Wisconsin followed by knees, shoulders, and fingers. In terms of causation, lifting, pushing, pulling and straining are the most prevalent causes.”

Although there are common themes between the two states – such as strains and back injuries – there are also some differences, too, like Nebraska’s “fall or slip” cause where lifting is a bigger concern in Wisconsin. These differences may result from different industries in each state, types of workers’ compensation claims submitted to each state, and the way each state’s workers’ compensation system works. Regardless of the state, be sure to find a workers’ compensation lawyer who can best represent you if you are injured on the job.

Defend Work Comp-Related Collections Cases With Equitable Relief

Posted on March 5, 2012 by Jon Rehm

An ongoing hassle for injured workers and their attorneys is what to do when medical providers attempt to collect bills for services that are denied by the workers compensation insurer. Iowa has a statute preventing collection of unpaid medical bills during a pending worker’s compensation case. Nebraska does not. However, injured workers and their attorneys may ask for equitable relief by filing an injunction on collection of bills they claim are related to their workers compensation court. This article will show you the simple steps of how to make your case for equitable relief.

Jurisdiction

Most collections cases related to unpaid medical bills are filed in Nebraska County Courts. However, County Courts cannot grant injunctions because they do not have general equitable jurisdiction possessed by the District Courts (Iodence v. Potmesil, 239 Neb. 387, 476 N.W.2d 554 (1991). But the District Court and County Court have concurrent original jurisdiction in civil matters under $45,000 (Neb. Rev. Stat. §24-517). The County Court is supposed to transfer a case to the District Court when the relief requested is exclusively within the jurisdiction of the District Court (Neb. Rev. Stat. §25-2706).

In my view, not granting a motion to transfer would be an abuse of discretion by the County Court. “No person shall be deprived of life, liberty, or property, without due process of law, nor be denied equal protection of the laws.” (Neb. Rev. Stat. CONST. Art. I, § 3: See also U.S.C.A. Amd. V.)

The essence of procedural due process is simply that fundamental fairness that people have the right to expect – even demand – and receive through our system of law. (Appeal of Levos, 214 Neb. 507, 515, 335 N.W.2d 262, 267 (1983) If equitable relief is available to the defendant in a collections case, it is unconstitutional to deny the right to ask for equitable relief by denying a motion to transfer to District Court. Essentially, the court would be asking the defendant to fight the collections case with one hand behind their back.

Building your equitable case

I think the following facts would lead to a District Court granting an injunction in a collections case related to a worker’s compensation injury.

Strong evidence of the unpaid bills being reasonable and necessary because of the work injury. This evidence would come in the form of a causation opinion and an order for treatment from a doctor. Evidence of medical causation allows you to argue that the medical provider has a reasonable expectation of payment.
Evidence of payments by private health insurance. This is important because it shows that the medical provider has been paid something for their services. Continue reading →

Emergency Medical Treatment Does Not Need To Be Authorized

Posted on March 1, 2012 by Rod Rehm

If you don’t obtain prior approval for emergency treatment, you can still file a workers’ comp claim.

Today’s post is by my colleague Matthew Funk of New York.

When an injured worker needs emergency medical care, prior authorization isn’t always possible and obtaining it does not bar a workers’ compensation claim. When a worker is hurt at work and is rushed to the emergency room for treatment, there often isn’t enough time to seek authorization from an insurance company and to obtain a claim number.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries. This is sometimes an effort since emergency staff are rushed and understaffed. After the emergency care is provided the worker should immediately seek the guidance of an attorney to assist in filing a claim and obtaining reimbursement for the medical care.

At the time of the treatment, if possible, the injured worker should let the hospital and medical provider know that the injury occurred at work and the exact details of all his or her injuries.

The law provides that the cost of Continue reading →

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

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Monthly Archives: March 2012

Returning to Work Shouldn’t Be This Hard

Workplace Injury Details Vary Between States

Defend Work Comp-Related Collections Cases With Equitable Relief

Emergency Medical Treatment Does Not Need To Be Authorized

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