Many workers – our clients and your patients – have suffered (or potentially face) severe economic hardship because their work-related back and neck injuries are precluded from Workers’ Compensation coverage primarily because of their age. This is the result of the new (1995) “preexisting condition” definition which is now being applied in a way which … Read more
You are probably aware that medical records are important evidence in any personal injury case. This article gives an overview of the ways chart notes and other medical records are used to assess medical damages (the dollar value of the medical “loss” sustained by the injured person as a result of another’s actions or negligence). … Read more
Stanley Harrison* was an older longhair driver who hurt his back when he fell off his load while tarping in another state. He drove back to Oregon crippled with pain. Scans and MRI’s did not show any ruptured disc or anything doctors could attribute to the trauma. So, doctors would not say that his crippling … Read more
Injured workers who must prove they need treatment primarily because of their work injury depend on their doctors’ opinions to do so. What makes for a legally convincing medical opinion? Recent changes in the Workers’ Compensation law which require a showing of “major cause” in some contexts have created a semantic challenge both for … Read more
A worker who has suffered a compensable injury is entitled to additional compensations for worsened conditions which result from the original injury. This is called a “Claim for Aggravation.” However, an injured worker who has suffered a worsening of his injury runs the risk of having his aggravation claim ignored if the required written medical … Read more
You knew your patient with a work injury was having difficulties with her compensation claim. Now you’ve been notified that the lawyers want you for a deposition. This article explains what it is, what is expected of you and how to prepare. MEDICAL EXPERT UNDER OATH Your expert testimony at a deposition is often the … Read more
A decision which will affect the nature of opinions sought from doctors in workers’ compensation cases was handed down by the Oregon Court Of Appeals in May1997. This is of special interest to our readers in light of our recent series of articles on “preexisting conditions.” Doctors treating injured workers with preexisting conditions will now … Read more
This is the second in a 2-part series on closing Workers’ Comp cases. This article is to help physicians measure and record impairments to assure proper disability rating and compensation. Workers who have been permanently impaired by a work injury are compensated based on the severity of the impairment. The amount of compensation depends … Read more
This is the third in a 3-part series on preexisting conditions. If your patient’s work injury has combined with a preexisting condition, your opinion on whether the work injury caused 51% or more of your patient’s disability or need for treatment (“major contributing cause”) may determine whether your patient receives Workers’ Compensation benefits. How should … Read more
If you’ve ever advised a patient with a permanently restricting work injury to “re-train, “you may very well have learned that this is easier said than done! There are myriads of rules affecting the decision whether a worker is entitled to “vocational assistance” and, if so, what form this assistance will take. Rules vary … Read more