Ten Ways to Screw-up Your Workers’ Compensation Case

The deck is stacked against you with the insurance industry and knowing work comp benefits will pay for the food on your table, see a lawyer.

How can I stop my husband's ex girlfriend from harassing me at work?

What can you do when an unrelated person is trying to get you fired by calling the place where you work and harassing the staff?

Ask a lawyer: Iowa Workers’ Compensation Claims

Do you know what you’re doing handling your own workers’ comp claim or are you guessing. If you want some help call Steve Lombardi @ 515-222-1110 or sdlombardi@aol.com.

2-25-2011: What are Common about a PTO Shaft and a Woman Scorned?

The question asked this week is: what is a PTO, a power take off shaft and what does it do? A PTO is a power takeoff shaft commonly found on tractors and used to transfer power to that piece of motor-less equipment. (See also universal joints.) Farm implements that standalone, like augers and other types of grain lifts need power to turn the gears and conveyor mechanism; that power is provided by a tractor’s power take off hookup. The shaft is a separate piece of equipment that hooks into the rear of the tractor and then into the implement, in this case the auger. It turns and like a driver shaft as it turns the power turns gears or wheels that power the implement and make it useful for work.

Weekly Death Toll in the Workplace

This is an interesting site that tries to catalogue the death cases from the workplace. If you have a third party case involving death at work this may be the place to start searching for similar types of cases and the lawyers handling them. The title is Weekly Toll. And I believe the author is … well I can’t tell.

The business-related benefits test in workers’ compensation

If you attend a work sponsored activity, like bowling, are you covered under workers' compensation if you get hurt? In this case the answer was no.

Dozer Operator Killed While On-the-Job

It is difficult to tell from this story whether the operator was an employee or an independent contractor when he is reported to have suffered a heart attack and his bulldozer went into a pond at a quarry near Fort Dodge, Iowa. The way the story is written it raises more question than provides answers.

Lightning Strikes and Kills Worker - What's the Likelihood?

Employees who are killed or injured from lightning while at work would be covered under Iowa’s workers’ compensation program. There is no indication in this news story whether or not this employee’s widow or dependent children would be covered. Laws vary from state to state and workers’ compensation programs differ greatly. The reason why there is coverage has to do with the work exposing the employee to special risks or hazards of the particular employment. In this instance a ranch hand is exposed to risks associated with inclement weather, animals and other environmental exposures. The employer benefits from the employees working under such conditions and is better able to spread the cost of such risks to customers

What is a confined space death in the workplace?

Three more Iowa deaths from confined space accidents prompted me to post again about confined space safety. One death was that of a 16-year-old boy under a boat and two other's out of Sioux City area were involved in clearing out a sewer line. So today let’s discuss confined space safety rules.

11 Iowa City Workers Treated for Anhydrous Ammonia Inhalation

Iowa City, Iowa – Sixteen (16) meatpacking workers were taken to an area hospital after suffering inhalation injury from an anhydrous ammonia leak at a West Liberty plant. The tank is on the roof and according to the report it came into the plant area. Workers were treated for minor to moderate inhalation injury. The leak was caused when a suction header failed allowing 30 gallons or liquid ammonia to fall onto the roof. The value was shut off after approximately 10 minutes. Both reports identified the plant as the West Liberty Foods plant that processes turkeys.

Is your workplace safe?

How can a work related death, such as this one occur? Perhaps there are a lot of reasons, none which seem very satisfying and none are definitive.

How long does it take to settle a workers’ compensation case?

It takes as long as it takes. It should take long enough to do it right. Okay, so what is it in months? Well, probably about 18 months on average; or a little longer. Why, you ask?

Well because the hold up is your medical condition and the treatment it takes to get you to a point of maximum medical improvement. It’s all about doctor’s opinions. The sooner the doctor lets you go back to work or finish up with your treatment the lawyers can do the rest of their work to settle or try your care. 

Think of doctor opinions like you do gasoline in a car’s fuel tank. If there is no gas in the tank, then the car won’t start up. Same goes for the workers’ compensation benefits engine. If you don’t have a doctor’s opinion the work comp benefits engine won’t start. So doctor opinions are the fuel of the workers’ compensation benefits engine. Simply stated your work injury must be related to your work.

Now what kind of gas do you need? You need a positive doctor opinion that relates your injury and need for treatment to what you do at work.

Then you’ll need a medical opinion that says because of that injury or the need for medical treatment you need to be off of work. That’s a doctor’s work excuse.

And then you’ll need a doctor’s opinion saying you can go back to work. That’s a work release.

After you go back to work and you’re finished with treatment the doctor will decide if he thinks you have permanent impairment or activity restrictions.

All this takes time and has to be done in sequence. Nothing can be rushed or done sloppy.

So be patient; don’t worry it will get done, but in time.

Call us if you have questions. 1-515-222-1110 We even take email. sdlombardi@aol.com

Trinidad death leads to OSHA fine for Iowa company

The Register reports the Clear Lake company we posted on previously for the death of a worker, Simon Trinidad, a 35 year-old when he fell into a metal hopper, was fined by IOSH in the amount of $375,000. Apparently this is the second time this company has been fined for a similar violation. The company is Andrews Prestressed Concrete in Clear Lake, Iowa.

These types of claims are easier for the workers’ compensation death claims than the third-party or gross negligence cases. We’ve had good experience on third party claims and some luck with gross negligence claims against the co-employees or supervisors.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linkked to the Lombardi Law Firm news item.

Clear Lake Company issued a fine for the death of a worker who fell into an open hopper, is linked to the Des Moines Register article.

Worker safety is nothing to take lightly. Be safe not sorry. It's no laughing matter.

Iowa Workers Compensation: Returning to work during a layoff

I answer questions on another website and this question was recently posed and the economy being what it is, I thought a broader audience might appreciate the advice.

Question: If a person has a work comp injury with restrictions can they be laid off of work?

Answer: The answer is sometimes, yes and sometimes no. The answer all depends on how the doctor released the employee, with or without restrictions.

This question demonstrates why a release to return to work should be in writing and clearly set forth any restrictions on activity levels. Written releases of weight, time, push, pull, climbing, squatting, heights limits, to name a few are so very important and without the restrictions no one, especially the employer know how to treat the employee’s performance. If the employer is left with just listening to the employee about what they can and can not do, then doubts develop about the employee’s motivation and the employee is playing right into the prejudice that already exists in the workers’ compensation system.

A person who has been injured and off work (with a doctor’s excuse) due to a work related injury is entitled to receive workers’ compensation benefits until one of three things happen. First, this period is known as the healing period and it runs up to the time when the employee returns to work, is released to return to work or reaches maximum medical improvement, which first occurs. Once released the employer must accept the employee. (I refer to these periods as RTW, RRTW or MMI.) Once released the employee must show up for work. Healing periods begin with the first date of disability and end with the release to return to work.

Restricted releases to return to work mean the employee is released for a trial of work. A trial of work is one in which the doctor wishes to see if the employee can be progressively reintroduced to their old job. If the employer accommodates those restrictions then all is well, but if not then the employee is back on healing period until the time when they either return to work or reach maximum medical improvement.

When during the healing period the employer has had to lay workers off due to a slow economy like the rest of the work force the employee must weather the slow down using unemployment benefits, not workers’ compensation benefits. But if the doctor’s excuse was for light duty (a release with restrictions) and employer is not able to accommodate those restrictions then the employee would be back on w.c. benefits as not yet healed. It’s simply a matter of the restrictions being in writing, the type of release being light duty and the employer not being able to accommodate the restricted work.

So if you have the right release and the employer doesn’t accommodate it then you should still receive workers’ compensation benefits under Iowa law.

If after being released to return to work you have a dispute with your employer about taking you back don’t get mad, hire a lawyer to assist you. Attitudes can be a good thing and bad all at the same time. I know you’re scared about being able to pay the bills and the kids need to eat, but keep your head about you and think. The Iowa Industrial Commission, otherwise known as Iowa Workforce Development (God I hate that name, what’s wrong with saying Industrial Commission?) is here to resolve disputes.  There are times that even workers’ who act heroically are denied benefits.

August 26, 2008, Little Rock, Arkansas – McDonald’s Employee rescues customer who is being attacked by another customer, is shot and his employer argues he was not advancing the interests of the employer. The employee incurred over $300,000 in medical expenses.

 

 

Popcorn Lung for Iowa Workers

A verdict by a Sioux City, Iowa jury awarded $7.5 million for the death of a worker after he developed a rare lung condition, broncholitis obliterans. The worker was a butter flavor mixer with American Popcorn Company.

Ronald Kuiper, who passed away on Wednesday afternoon, was formerly employed at American Popcorn Company as a butter flavor mixer. He had been diagnosed with the rare lung condition called broncholitis obliterans, which has been linked to artificial butter flavor exposure.

The product and chemical is butter flavor containing diacetyl, a chemical which has been found by the National Institute of Safety and Health to cause severe lung injury.

OSHA: HAZARD COMMUNICATION GUIDANCE FOR DIACETYL AND FOOD FLAVORINGS CONTAINING DIACETYLHAZARD COMMUNICATION GUIDANCE FOR DIACETYL AND FOOD FLAVORINGS CONTAINING DIACETYL

NIOSH Science Blog: Diacetyl and Food Flavorings

A Case of Regulatory Failure - Popcorn Workers Lung

NC Dept. of Labor: Hazard Alert

Workers Compensation: How else can the Republican Party insult Iowa's work force?

Here is how Mike Gover of the AP reports it:

"DES MOINES, Iowa - A House panel has approved a measure that would give Iowa workers greater rights in choosing a doctor when they're injured on the job.

A subcommittee of the House Labor Committee approved the bill along party lines on Monday, with Democrats supportive and Republicans opposed. It was the latest in a series of labor-backed bills being pushed by Democrats who hold majorities in the House and Senate. "

The Republicans who oppose a worker choosing what doctor should treat their injuries are  publicly stating that most workers will act like Rush Limbaugh did and shop for doctors who will give them pills to excess. That argument is ridiculous. If it were generally true that people who get to choose their own doctors end up prescription drug addicts we'd all be addicted. Choice of physicians under most if not all health insurance policies has been a cornerstone of this country's medical insured industry. To claim that most people can not be trusted to wisely choose a treating doctor is disingenuous and panders to popular opinion that workers don't understand the global economy. Iowans are good solid workers with a history of acting rationally and in a way to save money. There is no evidence to the contrary. To assume the worst is a fabrication of the worst kind.

No worker in Iowa has to join a union. If the unions have in the mind of owners and managers caused concerns over costs and production it shouldn't be a factor in Iowa. Maybe it is a problem in Detroit but not Des Moines.

"Iowa is a Right to Work State. Employees who work in Iowa, except on federal property or for a railway or airline, have a right to resign from union membership and not pay union dues or fees. If you are an employee in Iowa and have legal questions regarding your union membership, click here to learn about your rights."

This is why the Republican's lost the last election. They assume the worst when workers are concerned. There are many laborers who claim to be Republican or at least to have Republican values. If this weren't true then Bush would never have been elected and then re-elected. Workers pay taxes just as management does. Workers understand and fully appreciate the competition we have with China over jobs. To assume all workers are either not smart enough to understand this issue or down right dishonest, is stereotyping of the worst kind.

Get over it. Workers built this country. If they abuse the privilege the Iowa Industrial Commission will take corrective action.

 

Iowa Workers Compensation: Erectile Dysfunction and the work related injury

Today let’s learn about Viagra, workers' compensation lawyers, injured workers and musical ensembles. These are all entwined in one way or another.

Did you hear about the drug store at the corner of 22^nd and Westown Parkway in West Des Moines, Iowa that was broken into last week? Completely burglarized.

They stole the entire inventory of Viagra. Yeah, the police are out looking for hardened criminals.

Viagra brings instant humor to any conversation. A Russian pop group even adopted the name. We’ve all seen the commercials and I’ll venture to say there isn’t a guy on the planet who hasn’t thought or said, “Heck if I had an erection for four hours I wouldn’t be visiting the emergency room!” Well the side effect of  Viagra that we are talking about is serious and if you knew they inserted a probe into your penis, three times I believe, then you’d wince and stop laughing about that side effect.  

The official Viagra web site indicates if you take any medications with nitrates in them (like nitroglycerin for chest pain) either every day or once in a while you shouldn’t be taking Viagra.  Viagra can lead to you having a heart attack, so follow the directions.

Vigara can also be used to combat high altitude pulmonary edema (HAPE) or altitude sickness.

Can Viagra lead to situations involving death?

The short answer is yes it can. Viagra was originally being tested as a vaso dialator to combat high blood pressure. In the clinical trials they noticed one particular side effect for men that later led to it being used to treat erictile dysfunction.

Is Viagra or Cialis covered under Iowa’s Workers Compensation Act?

The short answer is yes it can be under Iowa Code Chapter 85.27, the medical benefits section.

My clients have included men with ruptured discs or more serious nerve disorders like myolapathy that result in their inability to enjoy their normal sex life. To many of us the whole thought of Viagra is funny, but to them it’s a real situation that creates a quality of life challenge. It’s a real problem for these clients that should not be ignored by the lawyer.  I’ve been successful in obtaining authorization for the workers’ compensation carrier to cover the cost of prescibing Viagra under the Iowa Workers’ Compensation Act as a reasonable medical expense. It takes a physicial examination by the treating physician and his or her prescribing the drug for treatment. Physical activity is so closely tied to psychological well being that the two go, well … hand-in-hand.

Is there case law to support the prescribing of Viagra or Cealis?

Yes. Without giving a complete list of cases here is one case you can site to your attorney or to the adjuster.

Case No. 5-2701: A deputy-level decision currently on appeal found Viagra prescriptions reasonable and necessary to treat work related sexual dysfunction. Claimant’s authorized physician retired, and defendant provided care to include a diagnostic workup of that symptom. This has not yet been accomplished.

Should I tell my lawyer I’m having a problem with having sex?

How is the lawyer supposed to know the client is having a problem?

For the lawyer to deal with the problem he or she needs to know it exists. There aren’t many male clients willing to walk into the lawyers office and lay it right out on the table. Most times I have to put things together with the seriousness of the injury, picking up on the little things the client talks about. Many times there are vague complaints but the client continues to suggest going back to see the company doctor. They may even give indications their spouse is having a difficult time, not happy and sometimes I need to just sit back in my chair and listen. Being busy it’s not easy to take a half hour to just chat about how things are going in their life. But inevitably it will save time in the future. If ignored the problem will persist. My approach is to talk while alone with the client and ask “How are things going at home?”.  As lawyers we are also counselors and have to be sensitive to who we are and what they must be dealing with.  

As a lawyer if you ignore the possibilty of this being a problem you don’t deserve to have the privilege of representing the client.

And clients if it’s a problem and difficult for you to bring up, drop the lawyer an email and bring the issue up. And please don’t misuse the drug. Here is a story about a Russian man who took up the challenge by two women that he couldn’t have sex for an entire day. He did but with a bottle of Viagra, then had a heart attack and died.

Whatever you do don’t abuse Viagra, it’s a drug that can kill you.

So don’t be stupid about it.

By the way, the Via Gra pop group video is really pretty good. I wouldn’t call it Hard Rock but then again it’s not Soft Rock either. Sorry, I just couldn’t let that one pass though my brain without writing it. Remember boys will be boys.

Nu Virgos is the name used to promote the group VIA Gra (??? ???) outside of Russia, Ukraine and other nearby countries. The name VIA Gra is both a reference to the drug Viagra and a play on words, since the first three letters stand for "vocal-instrumental ensemble" in Russian, and "Gra" means "Game" in Ukrainian. VIA Gra is a Ukrainian/Russian girl group that hit the charts in these countries in September 2000 with their first single "Popytka No. 5". Their first success outside the Russian language area was in May 2004 with the single "Stop! Stop! Stop!", an English version of their 2002 Russian song. The group is known for their frequent lineup changes, with 11 different individuals having at one time been in the group. The group was co-created by Dmitriy Kostyuk and Konstantin Meladze. Kostyuk is the manager of the group and the co-producer of the group's albums. Meladze is the writer of the group's songs and the co-producer of the group's albums.