Injured

The US Supreme Court ruled that an employee must be “newly awarded compensation” in a Longshore and Harbor Workers Act (LHWCA) claim when he was injured and not when the award was entered. This determination sets the time frame for the calculation of benefits.


Justica reports:


“In an opinion authored by Justice Sonia Sotomayor, the court held that in order to support an administrable rule “that will result in equal treatment of similarly situated beneficiaries and avoids gamesman ship in the claims process,” an employee must be “‘newly awarded compensation’ when he first becomes disabled and thereby becomes statutorily entitled to benefits under the Act, no matter whether, or when, a compensation order issues on his behalf.” The court further concluded that:

‘[A]pplying the national average weekly wage for the fiscal year in which an employee becomes disabled advances the LHWCA’s purpose to compensate disability, defined as “incapacity because of injury to earn the wages which the employee was receiving at the time of injury.” Just as the LHWCA takes “the average weekly wage of the injured employee at the time of the injury” as the “basis upon which to compute compensation” it is logical to apply the national average weekly wage for the same point in time.

Roberts v. Sea-Land Services

See Workers’ Compensation: Are Second Injury Funds Going to be History Soon?

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Chesapeake, Va.-based Dollar Tree Stores for two repeat safety violations at its Newark location. OSHA opened an inspection in response to a complaint alleging blocked fire exits and the unsafe storage of items in stock. Proposed penalties total $121,000.

The first violation is permitting exit routes to be obstructed by boxes and product carts. OSHA previously cited Dollar Tree Stores for the same violation at its Bergenfield and Dover, N.J., locations in 2010 and 2008, respectively. The second violation is storing materials in an unsafe manner. OSHA cited this violation at the company’s Commack, N.Y.; Watchung, N.J.; and Dover, N.J., locations in 2011, 2010 and 2008, respectively. A repeat violation exists when an employer previously has been cited for the same or a similar violation of a standard, regulation, rule or order at any other facility in federal enforcement states within the last five years.

“These violations are often found at retail stores and can pose a serious risk to workers,” said Kris Hoffman, director of OSHA’s Parsippany Area Office. “It is imperative that Dollar Tree Stores evaluate all of its locations for these and other potential workplace hazards, and take the appropriate steps to protect workers.”

The citations can be viewed at http://www.osha.gov/ooc/citations/DollarTreeStoresInc_315793539_0312_12.pdf*.

“The company can prevent these types of hazards by establishing an injury and illness prevention program in which it works with its employees to identify and eliminate hazardous conditions,” said Robert Kulick, OSHA’s regional administrator in New York.

Dollar Tree Stores, which employs nine people at the Newark store, has 15 business days from receipt of the citations to comply, ask for an informal conference with OSHA’s area director or contest the citations and proposed penalties before the independent Occupational Safety and Health Review Commission.

To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s Parsippany Area Office at 973-263-1003.
…..

The US Senate has passed a resolution designating April 1- 7, 2012 as National Asbestos Awareness Week. Introduced by US Senator Max Baucus (MT), the mesure received US Senate approval the same day.

Co-Sponsors were:
Sen Boxer, Barbara [CA] – 3/6/2012 
Sen Durbin, Richard [IL] – 3/6/2012 
Sen Feinstein, Dianne [CA] – 3/6/2012 
Sen Isakson, Johnny [GA] – 3/6/2012 
Sen Murray, Patty [WA] – 3/6/2012 
Sen Reid, Harry [NV] – 3/6/2012 
Sen Tester, Jon [MT] – 3/6/2012

John Sciortino passed away suddenly, at much too young an age, Monday evening at his home in Penfield. John was born in Buffalo and grew up in Schenectady where he graduated from Mohonasen High School in 1977. John is deeply mourned by the many he so profoundly touched. He was a man of many varied and diverse passions and talents. He loved life and lived it large in every way. He possessed the rare qualities of a good listener and great storyteller. He was funny. Above all, he was a loving husband to Michele and a doting father to his teenage daughter Andrea.

He loved music, particularly jazz, and was accomplished with the trumpet and piano. He never missed the Rochester Jazz Festival. He was an avid fan and supporter of the Gregory Kunde Chorale, headed by his good friend and world renowned tenor, Gregory Kunde.

He loved sports of every kind and was always a familiar figure at Frontier Field rooting on the Red Wings or the many teams who completed at the Blue Cross Arena. Through thick and thin, and last year very thick, the Boston Bruins were his team and to his tremendous delight, finally brought home the Stanley Cup.

His home in Cape Cod was his refuge where he escaped to enjoy the pleasures of his family. He was an avid fisherman and boater.

John served tirelessly on the Boards to advance the needs of others through his service with many not-for-profit organizations. At St. Joseph’s Catholic Church of Penfield he was chair of the Parish Pastoral Council and led an involved and successful expansion project. He is past Chairman of the Board of Governors for Seniorsfirst Communities & Services. He is a member of Wakan-Hubbard Lodge No. 154 F.&A.M. He served for almost 25 years on the Boards at Valley Manor and Kirkhaven Nursing Home. 

His recent appointment to the Board of Trustees at his alma mater, Union College, capped a lifetime of study, financial support and service to the institution that provided him invaluable guidance and purpose.

After graduating from Union, John earned his law degree from Albany Law School in 1986 and was a founding partner in the law firm of Segar & Sciortino. His distinguished service in the bar was dedicated solely to advancing the needs of injured workers. At the time of his death, he was President of the New York State Injured Workers’ Bar Association, a founding member of the Board of Governors of the New York Injured Workers’ Alliance and founding member and former State Co-Chair of the New York Workers’ Compensation Alliance. He was a member of the Board of Directors of the Triangle Shirtwaist Factory Fire Memorial, a non-for-profit organization devoted to commemorating the early 20th century sweatshop conflagration which provided the impetus for the enactment of New York State’s Workers’ Compensation Law. Each year, under John’s guidance, more than a dozen Triangle Scholarships are awarded to children of permanently disabled workers attending college across New York State.

Described as “one of the foremost advocates for Workers’ Compensation reform”, John was invited in 2006 to participate as a panelist at a NYS Senate Workers’ Compensation Reform Round Table to offer insight into ways to improve the Workers’ Compensation system. In 2007, John served as an advisor to the New York State Department of Insurance Task Force appointed to make recommendations to improve the resolution process for disputed Workers’ Compensation cases. 

In 2008, he was awarded a Clara Lemlich Public Service Award for his outspoken efforts on behalf of the rights of injured workers in New York State. The recognition is named in honor of the noted 20th century sweatshop labor activist who inspired a massive strike for the New York City garment workers in 1909 which lead to improved working conditions in the garment industry. John has been annually recognized by Super Lawyers. Last weekend he was inducted as a Fellow of the College of Workers’ Compensation Lawyers. 

John was truly one of a kind – bigger than life. He lived to help and serve others. He was – in the most special way – heaven sent and loved by all. He is survived by his wife of 25 years, Michele, daughter Andrea, mother Hermine Sciortino, sister Linda DiGiralamo, sister-in-law and brother-in-law David and Maureen McDaniel, mother-in-law Shirley Hudson, Uncle/Aunt Dominick and Kathleen Sciortino, Aunt Isabel Sciortino, nieces Nicole DiGiralamo and Ismay English, nephew Matthew Hudson and several cousins. He is also survived by his best friend and law partner, Stephen A. Segar and family. He was predeceased by his loving father Anthony Sciortino and dear friend – brother-in-law Mark Hudson.

Friends may call Friday, 2-4, 6-8 PM at the funeral chapel (2305 Monroe Ave.). Friends are invited to bring a written memory or photo for the family’s Memory Book. A Funeral Mass will be held Saturday, 1 PM at St. Joseph’s Church, 43 Gebhardt Rd., Penfield. Interment at Oakwood Cemetery. Contributions in John’s name may be made to Union College, 807 Union Street, Schenectady, New York 12308. To share a memory or photo of John visit www.anthonychapels.com.

An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration has determined that Metro-North Commuter Railroad Co. violated the employee protection provisions of the Federal Railroad Safety Act when it took retaliatory action against an employee at its Harmon Diesel Shop in Croton-on-Hudson who reported a workplace injury. OSHA found that the railroad, which provides commuter rail service in Connecticut, New York and New Jersey, interfered with the worker’s medical treatment and forced him to work in violation of his physician’s orders.

The employee, a laborer, injured his finger on June 26, 2009, and reported it to management, who first attempted to dissuade him from seeking medical treatment. The worker received sutures at a nearby hospital, where he was instructed to not use his hand until the sutures healed, and to keep the hand clean and dry. The railroad’s occupational health service determined that the injury disqualified the worker from duty, but the facilities director of the diesel shop persuaded the health service to change the worker’s status to restricted duty. The worker’s personal physician excused him from work until the sutures were removed and supplied written notice that he should not lift heavy objects or immerse his hands in chemicals, actions he performed in the normal course of his duties. In spite of these instructions and the employee’s restricted work status, management ordered him back to work and required him to perform these duties.

“Metro-North’s actions in this case are unacceptable and send a message of intimidation to its workforce,” said Robert Kulick, OSHA’s regional administrator in New York. “Railroad employees must be free to report injuries without fear that their employers will harass them, ignore medical instructions or force them to work under conditions that could impair the healing process or cause more harm.”

OSHA has ordered Metro-North to pay $10,000 in punitive damages to the worker and $8,830 in attorney’s fees, and to expunge any adverse references relating to the employee’s exercise of his FRSA rights from his personnel, safety and department files. Metro-North also must post an OSHA notice for employees in the Harmon Diesel Shop and on its internal website, and provide all diesel shop employees with information on employee protections for reporting work-related injuries.

Metro-North and the complainant each have 30 days from receipt of the findings to file an appeal with the Labor Department’s Office of Administrative Law Judges. Under the FRSA, employees of a railroad carrier and its contractors and subcontractors are protected against retaliation for reporting on-the-job injuries, reporting certain safety and security violations, and cooperating with investigations by OSHA and other regulatory agencies.

OSHA enforces the whistleblower provisions of the FRSA and 20 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, maritime and securities laws. Under these laws enacted by Congress, employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor for an investigation by OSHA’s Whistleblower Protection Program. Detailed employee rights information is available online at http://www.whistleblowers.gov.

Guest Blog
by Steve Cooper*

As the economy crawls out of the dumps and more people return to the job site, a strong workers compensation environment is as important as ever. Unfortunately, workers comp appears to be under quiet attack in many states.

In Virginia, a law aimed at stopping Virginia dock workers from “double-dipping†may actually leave longshoremen more vulnerable than workers doing much safer work. HB153 is making its way through assembly and has the International Longshoremen’s Association (ILA) concerned:

“Why in the world should a Virginia harbor worker be denied benefits that are provided for other Virginia citizens who work in a business across the street from the harbor?†said Deborah C. Waters, general counsel for the longshoremen’s union.

Arthur W. Moye Jr., executive vice president of the Virginia Maritime Association, which represents more than 400 member organizations employing more than 70,000 workers in port-related jobs, said the primary reason for seeking the legislation was duplication.

Harbor workers are the only employees in the state who can seek workers’ compensation coverage under both state and federal programs, he said. Most workers in Virginia are eligible for coverage only under the state program.

“We feel the federal act covers the needs of an injured worker and covers it in a far superior way than the Virginia state act does,†Moye said.

There are differing opinions about this bill, however. The sticking point is the limitation on what the federal act covers. Worker representatives feel it is hardly sufficient, especially for a worker faced with a serious injury such as a lost limb or a family incurring a costly funeral. It is difficult to classify something as “double-dipping†when the first “dip†doesn’t do enough. Moreover, “double-dipping†is prohibited, making the new law appear obsolete on arrival:

Today, injured maritime workers in Virginia, like those in some other states, are covered under the state’s workers’ compensation program as well as two federal programs: the Longshore and Harbor Workers’ Compensation Act and the Merchant Marine Act, or Jones Act, which applies only to members of crews of vessels under way.

Under the current arrangement, an injured shipyard worker can file claims under the state and federal longshore-act program, though the laws prohibit “double-dipping.â€

“There’s a lot of things that the state act does that the longshore act doesn’t cover,†said Stephen Harper, a Richmond attorney and chairman of the workers’ comp section of the Virginia Trial Lawyers Association.

In the event of a fatal injury, for example, the state program offers the family of the victim a $10,000 funeral benefit plus $1,000 in transportation costs, Harper said.

Under the federal program, the maximum funeral benefit is $3,000.

Under the state and federal plans, Harper said, if a worker suffers a permanent injury, such as a crushed ankle, that prevents him from returning to his old job, he is eligible for compensation for a certain period of time, based on a doctor’s evaluation of the degree of impairment.

In most cases, once the payment is made under the federal programs, the insurer’s obligation ends. Through the state workers’ comp program, however, benefits can last as long as 500 weeks, or 9-1/2 years.

“They’re putting the longshore people in a much, much worse situation than the guy working down the street at Walmart,†Harper said. “The same injury, the guy down at Walmart may be able to get lost wages because of that ankle fusion for 9-1/2 years, potentially, but under the longshore act it could be a lot less.â€

In Kansas, House Bill 2531 is poised to diminish workers comp as well. The law changes how those appointed to hear workers comp cases are selected. It is alleged that the new selection process skews anti-worker:

Such judges are now chosen by a panel consisting of one member picked by the Kansas Chamber of Commerce and one picked by the Kansas AFL-CIO. The bill would use a seven-member panel composed of the state labor secretary, a person from an employee organization chosen by the labor secretary, and representatives of the Kansas Chamber of Commerce, National Federation of Independent Businesses, Kansas AFL-CIO, Kansas State Council of the Society of Human Resource Management and Kansas Self-Insurers Association. More people at the table may be a good idea, but the proposed lineup is hardly rich with employee representation.

In Pennsylvania, employers successfully won a 5.7% decrease in workers comp funding this week:

The Pennsylvania Insurance Department (PID) recently approved a 5.7 percent overall decrease in workers’ compensation costs. The rate cuts will result in $160 million in savings for Pennsylvania employers, the department estimates.

“At a time when many are feeling a financial pinch and doing more with less, it is a very hopeful sign that the business community may now be able to pay less in workers’ compensation insurance premiums,†said Insurance Commissioner Mike Consedine.

The article makes no mention of the impact this could have on workers, but does suggest that Pennsylvania employers are given an even larger discount when they display superior safety practices:

Businesses enrolled in the Certified Workplace Safety Committee program of Pennsylvania’s Department of Labor and Industry (DOLI) receive an additional 5 percent discount. Currently 9,652 businesses have certified safety committees. Participating businesses have realized insurance premium reductions totaling $432.8 million since the program began, DOLI reports. “Pennsylvania employers are able to benefit from the outstanding job they are doing to provide safer workplaces,†said Labor Secretary Julia Hearthway.

In Wyoming, nearly $1,000,000 in workers compensation has gone unpaid, according to the WyoFile:

Did you know; of Wyoming’s 18,228 employers 1,212 of them are delinquent on their Wyoming Workers’ Compensation premiums — to the tune of $943,498.73, according to state officials? That’s 6.6 percent of Wyoming’s employers who pay into Wyoming Workers’ Compensation — delinquent. $1 million. Yet, those delinquent employers still enjoy legal immunity for their own proven negligence in a worker injury/death — because that’s part of the compromise of workers’ compensation?

Employees in Wyoming do not enjoy the same leniency when it comes to delinquency. If an injured worker files 1 day late, no case, no benefits. No matter.

To make matters worse, workers compensation legislation can often be misleading. In Missouri, workers comp was recently “expanded†to include many job-related diseases. What this means is that the state is now on the hook, rather than businesses, for harm done to employees by employers. This appears to be a win for workers on the surface, but is actually a Republican-driven move aimed at making Missouri more “business friendlyâ€:

In a move that Republicans contend will make Missouri more attractive to businesses, the state Senate has approved legislation to expand the workers’ compensation program.

The measure, SB572, approved with a largely party-line 28-6 vote, would cover occupational diseases under the workers’ compensation program — freeing businesses from potentially costly litigation.

But this bill tucked in some very questionable caveats, including lumping together disparate diseases and the exclusion of immigrants and prisoners:

St. Louis County Democratic Sen. Tim Green drafted — but did not offer — an amendment that would have excluded occupational diseases from the compensation program. He said curable injuries like carpal tunnel syndrome aren’t similar to lethal diseases such as mesothelioma, a type of cancer that can be caused by exposure to asbestos.

“I don’t think they should be treated the same,†Green said. “Putting it back in the workers compensation system isn’t right and that’s what this bill did.â€

The legislation would also prevent illegal immigrants or people who are in prison from collecting workers’ compensation benefits.

The bill is expected to breeze through the Missouri House.

A surprising bright spot is South Carolina which is attempting to make up the decrease in workers comp responsibility that business owners have witnessed since 2009:

South Carolina employers could see their workers’ compensation premiums increase next year if state regulators go along with a proposed 7.3 percent increase in the state’s loss cost rates.

The National Council on Compensation Insurance filed for the proposed increase earlier this month, making it the first such proposed increase since 2008. Most recently, the state has seen three loss cost decreases totaling 13.4 percent.

Based on 2009 and 2008 policy year data, the rate filing calls for a 5.3 percent increase in experience, a 2.2 percent increase in trend, a 0.1 percent increase in benefits, and a slight decrease of 0.4 percent in loss adjustment expenses.

Even if the current proposed rate change is approved as filed by South Carolina Acting Insurance Commissioner Gwendolyn Fuller McGriff, employers will still have seen a cumulative decrease of 7.1 percent since 2009.

On the national level, reports are emerging of a disproportionate number of workers in need of disability compensation, especially for mental illness. Typically anti-worker source The New York Post suggests that workers are grasping at safety net straws due to the country’s economic decline:

“It could be because their health really is getting worse from the stress of being out of work,†Matthew Rutledge, a research economist at Boston College, told the paper. “Or it could just be desperation — people trying to make ends meet when other safety nets just aren’t there.â€

The paper said that, according to recent research by JPMorgan Chase, the government was mailing out disability checks to about 10.5 million people, including 2 million to spouses and children of disabled workers, at a cost of about $200 billion annually.

The stagnant economy has grown those ranks. About 5.3 percent of the population between the ages of 25 and 64 are collecting federal disability payments, a jump of 4.5 percent since the recession hit in 2009.

There is no question these numbers represent a drastic leap, but how our system treats the injured and disabled is not to be taken lightly. JPMorgan and The New York Post have been champions of the austerity that has been the enemy of many a necessary program from a worker standpoint. Workers compensation can ill-afford to be next on the chopping block.

Steve Cooper (E.m. Ployd) lives in Washington, DC, and is the editor of We Party Patriots. He educates union members on the benefits of social media, offering instruction on engaging on Facebook and Twitter. When not ruining his posture and finger muscles through endless computer use, Cooper is an avid chef and musician. The We Party Patriots has an active on Facebook page that is “A bold, accessible online approach to achieving the Labor Movement’s goals and defeating the powers that Tea.”

•      A typographical error in a CT scan report wasn’t caught until after I was given IV medication for another serious condition I did not have. 
•      I was medicated and then strapped to a gurney and transported at midnight against my wishes to another medical facility from the hospital. My condition was actually worse when I was released from the hospital. This happened without any notification to my family.
•        I was lied to by a doctor as to whether a prescribed IV antibiotic could be given at home as opposed to at the dirty secondary facility my insurance company supposedly required for another week.
•     I was denied access to my own medical records for several hours while administrators grappled with what the law and their own policy says about patients’ rights to review their own records.

These  occurred during a 72-hour period when I was too sick to demand that I speak to insurance adjusters and hospital administrators. Fortunately, I have two highly-trained and very loyal legal assistants who stepped up to make sure that nothing worse happened to me.   When I was able to talk and demand better care for myself from my insurance company and from medical providers, things changed significantly for the better.  

At a minimum, if you or a family member need hospitalization, have someone go with you who can act as a patient advocate. That person should be comfortable  with asking a lot of questions, particularly during check-in and discharge.  Make sure that your advocate has a list of medications you take daily. Give the phone number of this person to hospital personnel and ask that this person be contacted if you are moved or scheduled for a surgical procedure. Bring a cell phone and a charger with you so that you have easy contact with your advocate and family. Bring a small notebook so that you can keep notes and write down important phone numbers. 

Do not be intimidated, and be persistent in getting answers to your questions as to what is happening to you. Make sure that you understand what treatment you are getting, what medications you are being given, and who ordered them for you.  Do not assume that people know what they are doing.  Finally, bring a huge bottle of hand sanitizer with you. The AARP Bulletin, March 2012, has frightening statistics on the number of people who are victims of hospital mistakes, and what else you can do to protect yourself when hospitalized.

•      A typographical error in a CT scan report wasn’t caught until after I was given IV medication for another serious condition I did not have. 
•      I was medicated and then strapped to a gurney and transported at midnight against my wishes to another medical facility from the hospital. My condition was actually worse when I was released from the hospital. This happened without any notification to my family.
•        I was lied to by a doctor as to whether a prescribed IV antibiotic could be given at home as opposed to at the dirty secondary facility my insurance company supposedly required for another week.
•     I was denied access to my own medical records for several hours while administrators grappled with what the law and their own policy says about patients’ rights to review their own records.

These  occurred during a 72-hour period when I was too sick to demand that I speak to insurance adjusters and hospital administrators. Fortunately, I have two highly-trained and very loyal legal assistants who stepped up to make sure that nothing worse happened to me.   When I was able to talk and demand better care for myself from my insurance company and from medical providers, things changed significantly for the better.  

At a minimum, if you or a family member need hospitalization, have someone go with you who can act as a patient advocate. That person should be comfortable  with asking a lot of questions, particularly during check-in and discharge.  Make sure that your advocate has a list of medications you take daily. Give the phone number of this person to hospital personnel and ask that this person be contacted if you are moved or scheduled for a surgical procedure. Bring a cell phone and a charger with you so that you have easy contact with your advocate and family. Bring a small notebook so that you can keep notes and write down important phone numbers. 

Do not be intimidated, and be persistent in getting answers to your questions as to what is happening to you. Make sure that you understand what treatment you are getting, what medications you are being given, and who ordered them for you.  Do not assume that people know what they are doing.  Finally, bring a huge bottle of hand sanitizer with you. The AARP Bulletin, March 2012, has frightening statistics on the number of people who are victims of hospital mistakes, and what else you can do to protect yourself when hospitalized.

As of  March 1, 2012, the Medical Unit at DIR has138 physicians  and chiropractors on a rotating list.  When a claims adjuster requests a rating,  the Medical Unit secretary must  assign the next one from the rotating list.  If the injury is to a muskuloskeletal part, such as the shoulder or neck, a chiropractor may be assigned to do the rating. Some of the chiropractors on the rotating list are excellent rating doctors-   fair, knowledgeable about the Guides and anatomy, and they correctly explain their findings and conclusions.

Nevada law allows adjusters to suggest and agree with injured workers on a particular rating doctor.  If the injured worker, or his attorney,  agree to a doctor suggested by the adjuster, the agreed-upon doctor can do it instead of the doctor assigned by DIR.  Some adjusters will send unrepresented injured workers a list with the names of about six doctors and ask whether the injured worker will send back an agreement to one.  If the agreement isn’t returned, the adjuster must use a DIR-assigned doctor from the rotating list.  You don’t lose your right to obtain a second rating if you disagree with the rating physician you agreed to rate you.

An injured worker asks me:  Should an injured worker agree to a rating doctor suggested by the insurer, or insist that the insurer schedule him with one of the 138 doctors on the rotating list? 

The answer depends on whether the injured worker has an experienced attorney.  Otherwise, it is likely that the injured worker will not be  knowledgeable about each of the doctors on the insurer’s short list . If the injured worker, or his attorney,  doesn’t  know anything about the doctors , he should NOT agree. The insurer will likely suggest doctors that find lower or average impairment percentages, or that are aggressive on apportionment and like to subtract percentage points for pre-existing conditions.   Despite the objective of the AMA Guides to Evaluation of Permanent Impairment to have rating methods that will easily duplicate results , there can be a  significant difference depending on which doctor is doing the exam.

If the injured worker has a lawyer , he should hope that his attorney is familiar with how each of the different rating doctors are likely to apply the Guides.  Sometimes attorneys for injured workers agree to a rating exam with a doctor suggested by the insurer.  Not all doctors suggested by insurers are necessarily a bad choice to rate a particular client.  The key is knowing how a particular rating doctor is likely to interpret the Guides.  That comes with experience.

There are injured workers, not knowing whether a suggested rating doctor is likely to be better than one assigned from the rotating list, will circle a name anyway and return the agreement    People who do that hope that the adjuster will act in the injured worker’s best interests. The reality is that insurer’s and their employees must act so that they can show a cost savings on claims to employers concerned with premiums.  Injured workers should understand that adjusters may be acting within the bounds of the law, but not be acting within the injured worker’s best interests.  Therefore, my answer to the question is a resounding “NO”.  Do not make agreements with insurers without knowing the consequences of what you are doing.

As of  March 1, 2012, the Medical Unit at DIR has138 physicians  and chiropractors on a rotating list.  When a claims adjuster requests a rating,  the Medical Unit secretary must  assign the next one from the rotating list.  If the injury is to a muskuloskeletal part, such as the shoulder or neck, a chiropractor may be assigned to do the rating. Some of the chiropractors on the rotating list are excellent rating doctors-   fair, knowledgeable about the Guides and anatomy, and they correctly explain their findings and conclusions.

Nevada law allows adjusters to suggest and agree with injured workers on a particular rating doctor.  If the injured worker, or his attorney,  agree to a doctor suggested by the adjuster, the agreed-upon doctor can do it instead of the doctor assigned by DIR.  Some adjusters will send unrepresented injured workers a list with the names of about six doctors and ask whether the injured worker will send back an agreement to one.  If the agreement isn’t returned, the adjuster must use a DIR-assigned doctor from the rotating list.  You don’t lose your right to obtain a second rating if you disagree with the rating physician you agreed to rate you.

An injured worker asks me:  Should an injured worker agree to a rating doctor suggested by the insurer, or insist that the insurer schedule him with one of the 138 doctors on the rotating list? 

The answer depends on whether the injured worker has an experienced attorney.  Otherwise, it is likely that the injured worker will not be  knowledgeable about each of the doctors on the insurer’s short list . If the injured worker, or his attorney,  doesn’t  know anything about the doctors , he should NOT agree. The insurer will likely suggest doctors that find lower or average impairment percentages, or that are aggressive on apportionment and like to subtract percentage points for pre-existing conditions.   Despite the objective of the AMA Guides to Evaluation of Permanent Impairment to have rating methods that will easily duplicate results , there can be a  significant difference depending on which doctor is doing the exam.

If the injured worker has a lawyer , he should hope that his attorney is familiar with how each of the different rating doctors are likely to apply the Guides.  Sometimes attorneys for injured workers agree to a rating exam with a doctor suggested by the insurer.  Not all doctors suggested by insurers are necessarily a bad choice to rate a particular client.  The key is knowing how a particular rating doctor is likely to interpret the Guides.  That comes with experience.

There are injured workers, not knowing whether a suggested rating doctor is likely to be better than one assigned from the rotating list, will circle a name anyway and return the agreement    People who do that hope that the adjuster will act in the injured worker’s best interests. The reality is that insurer’s and their employees must act so that they can show a cost savings on claims to employers concerned with premiums.  Injured workers should understand that adjusters may be acting within the bounds of the law, but not be acting within the injured worker’s best interests.  Therefore, my answer to the question is a resounding “NO”.  Do not make agreements with insurers without knowing the consequences of what you are doing.

Shortly before the collision, Colleen M. Huggins of Florissant, Missouri was driving in lane number four of eastbound I-70. Donald W. Partney of Edwardsville, Illinois, then driving behind Huggins in lane three of I-70, attempted to merge into lane four. Huggins attempted to serve into lane five to evade a potential collision between the two vehicles. Huggins applied her breaks during the maneuver and then spun clockwise one and a half times. Partneyas 2006 Jeep Laredo struck Hugginsas 2000 Volkswagen Jetta. After the collision, Partney continued to drive without stopping and subsequently left the scene of the accident.

Hugginsas vehicle sustained minor damage but Huggins suffered from moderate injuries due to the collision. After being assisted by a highway state trooper, Huggins was transported by a Pattonville EMS to DePaul Hospital. As an accident victim, Huggins may require the services of a Missouri car accident lawyer.

According to the National Highway Traffic Safety Administration, lane changes and merge-related crashes constitute for about 5 percent of all police-reported crashes and close to 2% of all vehicle accident fatalities. According to Missouri state statute ASS 304.012, all drivers operating a motor vehicle on all roads and highways must drive in a careful and prudent manner in order to not endanger the lives of other fellow motorists. Missouri heavily emphasizes that all motorists must exercise the highest degree of care when operating a motor vehicle on any road. Missouri drivers can best avoid causing lane change accidents by doing things like checking side and rearview mirrors for nearby vehicles, accounting for potential vehicles in blind spots, and signaling in advance to indicate when and in which direction your vehicle will be changing lanes. By taking such precautions, a driver can operate his or her vehicle in a manner that Missouri would recognize as careful and prudent and can avoid causing a Missouri lane change car accident.

Missouri statute ASS 577.060 requires that motor vehicle operators stay at the scene of a motor vehicle accident that occurs either on a road, a highway, or a public or private parking lot. This Missouri law requires any driver involved in a motor vehicle accident to stop and give his or her name, residence, motor vehicle number, or driveras license number to the other driver or to a police officer. If a police officer is not present, then the driver is required by law to give his or her contact information to the nearest police station. Missouri regards the act of fleeing from the scene of an accident as a crime. Drivers who fail to follow this law may be subject to both penalties by the state as well as potentially being liable to the injured party in a Missouri lane change accident lawsuit.

A 1996 Chevrolet and a 1983 Jeep met on a hillcrest, coming from opposite directions. The Jeep crashed into the Chevrolet. A driver and a passenger in each vehicle was injured in the crash. The Jeep overturned in the roadway after the collision.

The Jeep occupants – Joshua A. Lewis and his passenger Michael A. Lewis a were transported to Missouri Southern Healthcare. The Chevrolet occupants a Morgan L. Willard and Amanda J. Lewis a were taken to St. Francis Medical Center.

Personal injuries typically result from St. Louis rollover accidents, especially when an older vehicle rolls over. Older vehicles may lack the front and side airbags that protect the occupants of vehicles that are pushed over by a collision. These safety features are becoming standard in newer vehicles, but older vehicles may lack these simple protections.

Modern technology has also improved the frames in motor vehicles. Historically, the greatest cause of personal injuries in rollover accidents is a collapsing roof. The roof of a passenger vehicle is not designed to hold the weight of the vehicle and its occupants. Yet, when a vehicle overturns the strength of the roof must do to prevent catastrophic injuries. Modern vehicles are better equipped to handle this situation, but older vehicles may not be.

Federal and state regulations often address motor vehicle safety issues. If a design flaw or defect lead to personal injuries in a Missouri rollover accident, the car manufacturer may have violated a safety regulation. Contact a St. Louis rollover accident lawyer to learn more about how vehicle design may have affected your injuries.

A 1997 Ford F150 and a 2002 Ford Escape crashed into in an uncontrolled intersection. The F150 struck the side of the Escape. No one in the F150 was injured. The driver of the Escape and one passenger suffered personal injury.

The Escape driver, Jimmy D. Long of Liberal, Missouri, was transported by Medflight to Freeman Hospital in Joplin, Missouri with serious injuries. Mark Venable, Longas passenger, was taken to Barton County Memorial Hospital in Lamar, Missouri.

Uncontrolled intersections are ripe for Missouri side impact car accidents. Uncontrolled intersections are intersections without traffic signs or stoplights. Uncontrolled intersections are common in sparsely populated rural areas, where it is unlikely that two vehicles would arrive at the intersection at the same time.

Missouri state law governs right-of-way rules for uncontrolled intersections. Missouri statute ASS 304.351 states that whoever first arrives at an uncontrolled intersection has the right-of-way: aThe driver of a vehicle approaching an intersection shall yield the right-of-way to a vehicle which has entered the intersection from a different highway, provided, however, there is no form of traffic control at such intersection.a

When two vehicles arrive at an uncontrolled intersection at the same time, the driver on the right side has the right-of-way: aWhen two vehicles enter an intersection from different highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the driver of the vehicle on the right.a

When these simple right-of-way rules are ignored, serious car accidents may occur. Accident victims should contact Missouri car accident lawyers to understand how right-of-way statute violations may affect their claim for compensation.

Both drivers suffered personal injury in the accident and were transported by Life Flight to area hospitals. Breeanna R. Tucker, the 17 year old driver of the Dodge, was transported to University of Missouri Hospital in Columbia, Missouri. Penny A. Redd, the 44 year old driver of the Chrysler, was transported to Research Medical Center.

Drivers who are turning onto a public roadway from private drive should exercise due care in avoiding a collision. According to Missouri statute ASS 304.351, the drivers on the public roadway have the right of way. Section 5 of that statute states: aThe driver of a vehicle about to enter or cross a highway from an alley, building or any private road or driveway shall yield the right-of-way to all vehicles approaching on the highway to be entered.a The drivers in the driver is required by law to let the other vehicles pass before entering the roadway.

Drivers who are entering private driveways also need to yield to other vehicles on the roadway. Section 6 states: aThe driver of a vehicle intending to make a left turn into an alley, private road or driveway shall yield the right-of-way to any vehicle approaching from the opposite direction when the making of such left turn would create a traffic hazard.a

Drivers who fail to adhere to the statute may be liable in a Missouri rear end car accident lawsuit. Anyone who is injured in this type of accident should obtain legal representation.

The Saint Louis County lane change car accident occurred when Tahir Krdzic of St. Louis, Missouri attempted to change lanes on northbound I-55. Krdzicas 1998 Oldsmobile Cutlass crashed into a 2008 Cadillac DTS, driven by Tyronne K. Houston of St. Louis, Missouri.

Four people were injured in the accident, two from each vehicle. Kimberly L. Cleaveland and Rochelle H. Green, both occupants in Houstonas vehicle, were injured. Alma Elijazovic and Krdzic suffered injuries as well. All of the injured people were taken to St. Anthonyas Hospital.

Lane changes can be a surprisingly dangerous maneuver. According to the Fatality Analysis Reporting System, a feature created by the National Highway Traffic Safety Administration, 2% of fatal motor vehicle accidents involve a lane change or lane merge. Drivers have a responsibility to take reasonable steps to avoid causing lane change accidents.

The best way to avoid a lane change car accident is by taking prudent steps to ensure that the lane to be entered is empty. First, check the side and rearview mirrors of the motor vehicle for a break in traffic in the lane to be entered. If there appears to be a break in traffic, check the blind spot in the direction of the lane change by looking over your shoulder. If the blind spot is empty, signal the lane change. Then, ease gradually into the new lane. By taking these steps before each lane change, a driver can avoid causing a Missouri lane change car accident.

Drivers should also maintain visibility. Drivers should avoid putting anything near the windows on the car so that they can have a clear view of their surroundings. Drivers should also avoid tinting their windows. While drivers add window tint to make it hard for others to see them, tinting windows may also make it harder for drivers to see other vehicles on the road.

The accident occurred when two vehicles crossed the centerline of CR 281. A 2003 Mitsubishi and a 2000 Ford struck each other head-on. Quentin J. Simmons, the 18 year old driver of the Ford, was pronounced dead at the scene of the accident.

Three other Carrollton teens suffered personal injury in the accident. Logan W. Frank, 18, was the driver of Mitsubishi. Two of Simmonsa occupants a Jessica N. Hendrix, 17, and Brianna S. Millard, 15 a were seriously injured as well. Frank, Hendrix, and Millard were transported by Carroll County EMS to the Carroll County Memorial Hospital.

Car crashes involving teen drivers are the top killer of teenagers in the United States. Car crashes account for the deaths of thousands of American teens each year. The Center for Disease Control estates that more than 350,000 teens are injured in motor vehicle crashes in a single year. Teenaged drivers are four times more likely to crash than older drivers.

Parents with teenaged children often worry about Missouri teen car accidents. One way that parents can prevent Missouri teen car accidents is by instilling a curfew. Studies show that more than 40% of fatal teen crashes occur between the hours of nine p.m. and six a.m.

Parents can also respect the restrictions imposed on teen drivers who have recently obtained a learners permit or driveras license. Graduated driveras license programs are designed to empower teens to learn how to drive while protecting teens from dangerous influences. In many states, teen drivers who have recently obtained a driveras license cannot have teen passengers. The restrictions on passengers for teen drivers follows studies that show that teens are more likely to crash their vehicles with passengers in the car than when driving alone.

The accident occurred when a teenager from Cuba, Missouri attempted to pass two other vehicles on a hill in a 1999 Pontiac Grand Prix. The Grand Prix slammed into a 2002 Ford Escort, driven By Robert N. Sexton of Rolla, Missouri. Sexton was pronounced dead at the scene of the accident.

One of Sextonas passengers a Sherri L. Hill, 54 – was seriously injured in the accident. Hill was flown to Mercy Hospital in St. Louis for medical treatment. Three teenagers a Jeremy A. Ottermann, Michael T. Marino, and Joseph D. Alvey – who rode in the Ford were injured. Ottermann was flown to Childrenas Hospital in St. Louis. Marino was taken to Phelps County Regional Medical Center in Rolla, Missouri. Alvey was taken to Missouri Baptist Hospital in Sullivan, Missouri.

Studies indicate that a substantial portion of head on collisions are caused by attempts to pass. Head on collisions caused by failed passing attempts are particularly common in rural areas. Rural drivers often have to drive on long, undivided roads. Rural drivers are tempted to pass slow drivers, but passing may lead to a head on collision.

Responsible rural drivers know not to attempt to pass vehicles when it is difficult to see ahead on the road. Hill crests are too dangerous to attempt a pass, since drivers cannot see over the hill. Curved roads obscured by trees and other foliage are also too dangerous to attempt a pass. When rural drivers attempt a pass in a dangerous situation, they can be held accountable for their negligent conduct. If you are injured in a head on collision because another driver attempts a dangerous pass, contact an experienced Missouri car accident lawyer immediately.