Occupational Exposure Case closed by Art Stevens
Art Stevens recently finished protracted litigation involving a very technical “hard metal lung disease” case. The case was tried in the Oregon Workers Compensation system and, in the end, the employer/insurer did not choose to go to the Oregon Court of Appeals ,so the benefits to Mr. Young are finally established. This case demonstrates the … Read more
Most job injury costs not paid by workers’ comp
UC DAVIS (US) —Workers’ compensation insurance is not used nearly as much as it should be to cover the multi-billion-dollar price tag for workplace illnesses and injuries in the United States. Instead, almost 80 percent of these costs are paid by employer-provided health insurance, Medicare, Medicaid, Social Security, and other disability funds, employees, and other … Read more
Insult to Injury: Texas Workers’ Comp System Denies, Delays Medical Help – from the ABA
This is an amazing look at the Workers’ Comp system in Texas and it’s penchant for repeat delays and denials. The article, from the ABA, details decades of changes in the state system that made it almost impossible for claimants to receive representation. It’s a long story but well worth the read. As Deputy Sheriff … Read more
Oregon Supreme Court Allows Injured Workers to file Civil Actions Against their Employers
Injured workers who found themselves without a remedy when their work injury claims were denied were given another option when the Oregon Supreme Court issued its opinion in Smothers v. Gresham Transfer, Inc.(1) in May 2001. Terry Smothers filed an “occupational disease” claim for a lung disorder developed after exposure to fumes and mist containing … Read more
Getting Surgery Approved For Injured Workers: The Rules Governing Elective Surgery
Your patient suffered an injury on the job. The injury is an accepted Workers’ Compensation claim. The workers’ comp insurance carrier (“the insurer”) has been paying your bills. Now, you think your patient needs surgery. The surgery is not needed as an emergency measure to preserve life, function or health, but you believe surgery will … Read more
Revisiting “Preexisting Conditions,” “Major Cause” And Other Terms Used In Workers’ Comp Cases
If your patient has a work-related injury or an occupational disease, it is important for you to understand the current definition of “pre-existing condition.” This requires an understanding of a number of key terms used in workers’ compensation cases. The revised definition of “pre-existing condition” became effective January 1, 2002. Even though it has been … Read more
An Anatomy Of A Work Injury To The Spine
This firm represents hundreds of injured workers a year. After 10 or 15 years, certain patterns emerge. One particularly conspicuous pattern is that of the worker with a low back injury. We hope this overview of how such a work injury claim unfolds will be helpful to our readers, especially those who may become involved … Read more
“Preexisting Condition” Redefined In New Workers’ Comp Law
Workers’ Compensation claims involving injuries on or after January 1, 2002, have been subject to changes in the law, including a new definition of “pre-existing condition.” Generally, a “preexisting condition” is a medical condition which a worker had prior to a claimed work injury or occupational disease, and which contributed to it. The definition … Read more
Oregon Supreme Court Allows Injured Workers To File Civil Actions Against Their Employers
Injured workers who found themselves without a remedy when their work injury claims were denied were given another option when the Oregon Supreme Court issued its opinion in Smothers v. Gresham Transfer, Inc. in May 2001. Terry Smothers filed an “occupational disease” claim for a lung disorder developed after exposure to fumes and mist containing sulfuric … Read more