Course and Scope: Connecticut Worker's Compensation

Worker's Compensation and "Acts of God"

2012-01-13T21:34:00.000-08:00

From Lynch Ryan: Worker's Comp Insider

Annals of Compensability: Of Heroes, Acts of God, and (No) Mercy
When the category 5 hurricane hit Joplin, Missouri on May 22 this year, Mark Lindquist was perched on a mattress which covered his clients, three mentally disabled adults. Lindquist, a social worker for Community Support Services, was following the tornado protocol in a town where basements are virtually non-existent. Unfortunately, the protocol proved utterly ineffective in the wake of 200 mile per hour winds. Lindquist was plucked from his perch and hurled a block away. He was impaled on debris, with every rib broken, his shoulder destroyed and most of his teeth knocked out. He was put into a coma for about two months, nearly dying from Zyomycosis, a rare fungal infection that killed 5 other victims. And to top things off, his three clients perished in the storm.
Lindquist's survival is well beyond the expectations of his doctors. His right arm remains in a sling, but he has use of the hand. An eye that was temporarily blinded has full sight. He moves slowly and has short-term memory loss, but is able to speak clearly.
A Hole in the Safety Net?Lindquist assumed that workers comp insurance would cover his medical costs (a whopping $2.5 million), pay for his 12 daily meds and provide indemnity for his lost wages. (As a low wage worker, Linquist could not afford health insurance.) His assumption of coverage has proved naive. He certainly was "in the course and scope of employment." However, under Missouri law, Acts of God are only covered by workers comp if work exposes the individual to unusual risk. If, on the other hand, there was no greater risk for Lindquist than that facing the general public at the time of the tornado, the injury is not compensable. Lindquist was working - heroically - but the work itself did not cause the injuries. His claim has been denied.
End of story? Not quite. Certainly a case can and will be made that by lying on top of a mattress, in that particular location, Lindquist was more exposed to harm than the general public. He will be able to show that had he not been working, he might have been able to drive his van out of harm's way. Given the high profile of his claim, he is likely to prevail at some point in the process.
It's worth noting that of 132 comp claims filed in the tornado's aftermath, only 8 have been denied. It may have been an Act of God, but somewhere along the line there will be an act of mercy to help a courageous worker rebuild his shattered life from the ground up.
Thanks to Mark Walls and his Workers Comp Analysis Group for the heads up on this story.

Tough Month at the CRB

2012-01-13T21:23:00.000-08:00

A flurry of recent decisions have just come down from the Connecticut Compensation Review Board on a Myriad of issues, big and small. Not a single win for a Claimant.

This is a tough enviornment in which to represent an injured worker in Connecticut. be sure you have and experienced Connecticut Worker's Compensation Lawyer on your case to help you understand your options and receive the best possible advice.

Will I or Wont I get SSD?

2011-10-21T19:37:00.000-07:00

Here is the handy website for looking up a particular Administrative Law Judge's approval statistics. It is fairly out of date now, but it is fun to look at.

Most Dangerous Jobs

2011-10-21T19:29:00.000-07:00

From Risk Management Magazine:

by Morgan O'Rourke
According to the latest numbers from the U.S. Bureau of Labor Statistics, "Deadliest Catch," a popular television show on the Discovery Channel that chronicles the adventures of Alaskan king crab fishermen in the Bering Sea, is aptly named. Last year, 29 fishermen died from injuries sustained on the job, giving the industry a rate of 116 deaths per 100,000 workers and making it far and away the most dangerous job in the United States.
Logging workers (91.9 fatalities per 100,000 workers), airplane pilots and flight engineers (70.6), farmers and ranchers (41.4), and mining machine operators (38.7) rounded out the top five occupations with the highest fatal work injury rates. To put these numbers in perspective, the fatal work injury rate for all American employees in 2010 was only 3.5 per 100,000 workers.
For sheer numbers, more truck drivers and delivery workers (683) died on the job than those in any other profession. This equated to a fatality rate of 21.8 due to the much larger workforce in this category. The mining industry was particularly hard hit in 2010, as multiple deaths from the Upper Big Branch mine and Deepwater Horizon oil rig explosions helped increase fatalities by 74% over 2009 and inflate the fatality rate from 12.4 to 19.9.
Overall, the Bureau's Census of Fatal Occupational Injuries determined that 4,547 workers were killed on the job in 2010, an amount virtually unchanged from 2009 when 4,551 fatalities occurred. This figure, however, was still low enough to make 2010 the safest year on record, representing a 25% decline in deaths since the census was first conducted in 1992.
TOP 10 MOST DANGEROUS JOBS IN 2010(with fatal work injury rate)
1. Fishermen -- 116.0
2. Logging workers -- 91.9
3. Airplane pilots and flight engineers -- 70.6
4. Farmers and ranchers -- 41.4
5. Mining machine operators -- 38.7
6. Roofers -- 32.4
7. Sanitation workers -- 29.8
8. Truck drivers and delivery workers -- 21.8
9. Industrial machine workers -- 20.3
10. Police officers -- 18.0
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Morgan O'Rourke is editor in chief of Risk Management.

The Perils of Pain Management

2011-10-12T21:13:00.000-07:00

Back in the good old days when I first started doing Connecticut worker's comp law, musculoskeletal and low back claims used to be fairly straightforward. One was injured, they saw their orthopedist and either they did a short course of physical therapy or they were a surgical candidate and they had their problem corrected surgically. The claimant would be out of works maybe six to eight weeks and move on. A few months after that, they would get a PPD rating and we could either get that paid or settle the case.

Now, there is a new and unholy place. It is the place of pain management, or as it is called in some places, physiatry. These areas of medicine have become great profit centers for doctors and hospitals. A claimant gets hurt on the job, sees the orthopedist, and if they are deemed to not be a surgical candidate, the doc sends them to an affiliated "pain management" or "physiatry" or "rehabilitative medicine" physician---frequently found in their own practice--- for treatment. This is, in the case of the worker's comp client, the same as being lead into a dead end alley. Now, rather than than a six to eight week stint of recuperation, the client is likely looking at months and months of "pain management"...typically manifested by epidural steroid injections and things of that nature. It creates a cycle of dependency in the mind of the claimant that, in my opinion, does not improve their outcome medically, or bring their legal matter to a head.

Clients are kept at T, or worse, TP, for weeks or more commonly months on end, doing job searches and not doing much else during the 4 week intervals in their visits to pain management. The lawyers dont get reports from these docs, the insurance companies hate paying indemnity for these long periods, and the whole case just gets bogged down. These sojourns have not, in my anecdotal experience improved results. To the contrary---they seem to make claimants more and more anxious.

In this economy, people want to work. When a claimant is told by their pain management doc that they cant work---or more commonly---can only do light duty---it creates a tremendous impediment to that all important concept of closure. People languish in pain management. Their case drags on longer that it should. Their FMLA expires. They lose their job. It is a bad, bad situation.

Back in the old days, the notion of green penicillin was the great elixir. Closure and a decent monetary benefit got the claimant back to work and brought closure to the case. Now, with pain management, the green penicillin is hard to come by and closure takes a lot longer than it should.

Social Security Tax Adjustment Triggers 2011 Comp Rate Changes

2011-04-13T21:03:00.000-07:00

View the memorandum addressing this issue here

Record Number of Fall on Ice Cases this year

2011-02-10T19:31:00.000-08:00

I am absolutely up to my eyeballs in slip and fall on ice cases this Winter. Our near record snowfalls, cold temperatures, and the occasional thaw/freeze day, have all combined to keep the phones ringing with people calling to see if they have a case. In many instances they do.

There are a lot of ins and outs to a slip and fall claim and each one is different. The weather, the specific location of the fall, and the specific reason you found yourself at the site all play into whether or not you can recover for your injuries.

If You are the victim of a slip and fall, try and make note of your exact location. Note the address. Any landmarks to reference the location of your fall. Take photos. Most cell phones these days have built in cameras so there really is no excuse not to document the conditions that lead to your mishap. Seek medical attention as needed and if you have any questions, feel free to contact out experienced Hartford personal injury lawyers.

Mileage Reimbursement rate Rises

2011-01-11T11:54:00.000-08:00

The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2011 is now 51.0 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.
Click here to read more about mileage reimbursement rates, including those for travel expenses incurred in past years

Connecticut Supreme Court Offers Clarification on Timliness of Heart & Hypertension Claims

2010-12-16T19:14:00.000-08:00

In a long awaited decision, the Connecticut Supreme Court provided some clarity in the murky waters of when must a police officer or fire fighter bring a heart or hypertension claim under Connnecticut General Statute section 7-433c. In Ciarelli v. Town of Hamden which was released on December 21, 2010, the Court concluded 1.) that a claim for heart and hypertension benefits should not be treated as if it were a repetitive trauma type claim, but rather as an accidental injury, specific to a certain date and time and 2.) the one year statute of limitiation for bringing such a claim begins to run when a claimant receives "an actual diagnosis of hypertension communicated to (him) by a medical professional."

This establishes a black letter rule that seems to be far easier for claimant's and their attorneys to follow in analyzing whether or not an H&H claim is timely. If the doctor tells you you have "hypertension" then the clock begins to run. Isolated elevated readings do not a diagnosis of hypertension make.

If you or a member of your family is in the police or fire fighting fields, and you feel as if you may have a claim for Connecticut heart and hypertension benefits, please call our West Hartford Worker's Compensation office for a no obligation assesment of your particular scenario.

Six Hours Well Spent: The Medical Education of a Connecticut Workers Comp Lawyer

2010-10-29T20:37:00.000-07:00

The neurosurgeons and orthopedists at Neurosurgery Orthopedics Spine Specialists (NOSS) in Waterbury, together with two of their colleagues at Orthopedic Associates of Hartford were kind enough to dedicate their day to educating 100 or so of us lawyers toiling in the fields of Connecticut Workers Compensation Law as to the intricacies of diagnosing cervical spine (neck) problems and shoulder injuries. These knowledgeable professionals shared their opinions on the anatomy of both the neck and the shoulder, radio graphic studies, and operative and non operative treatment modalities to work related neck and/or shoulder injuries. It was a wonderful and rewarding experience. I hope to take nuggets of what I learned today and go forward, better able to represent my Connecticut workers in these complicated but common workplace injuries.

Distracted Drivers and Workers Compensation

2010-10-05T21:24:00.000-07:00

The trend nationally is to prohibit the use of cell phones in motor vehicles. Such a ban would make use of a cellphone while working a deviation from employment and accidents involving cell phone use at work would then be considered a deviation from employment and excluded from workers' compensation coverage,
Citing cell phone usage while driving, the Federal Government is making a major initiative to get workers off cell phone while at work. U.S. Transportation Secretary Ray LaHood today announced the agenda for the second national Distracted Driving Summit to be held on September 21st , 2010 in Washington, DC.
Building on the success of last year’s summit, Secretary LaHood will convene leading transportation officials, safety advocates, law enforcement, industry representatives, researchers and victims affected by distraction-related crashes to address challenges and identify opportunities for national anti-distracted driving efforts. U.S. Labor Secretary Hilda Solis, U.S. Senator Jay Rockefeller and U.S. Senator Amy Klobuchar will also speak at the summit.
“Thousands of people are killed or injured every year in accidents caused by distracted drivers,” said Secretary LaHood. “One year after our first national Distracted Driving Summit, we will reconvene to take stock of our progress and reassess the challenges and opportunities that lie ahead. I look forward to hearing insights from our distinguished panelists and guests, and know that by working together, we will save lives.”
The 2010 Distracted Driving Summit will be live webcast at www.distraction.gov, enabling the participation of people around the country. US employers are urged to set policies to prohibit the use of cell phones at work. "Use a variety of organizational channels to communicate with employees the company's commitment to safety and health and specifically to the nonuse of cell phones and texting. Make it clear to your employees that the expectation is that they will NOT talk or text on their cell phones while driving on company time or in company vehicles. Have employees sign a contract that says they will not violate the organization’s ban on texting and driving."
Many State Laws already ban the use of cell phones while driving. Sample legislation to be used as a starting point for states crafting new laws to prohibit texting while driving has been encouraged.
Making the workplace safer is a major purpose of workers' compensation law. Public policy will certainly support the effort to end distracted driving. The trend to exclude coverage for distracted driving is a signifiant move in the right direction to help workers steer clear of accidents.

Your (case may be) Never Too Old

2010-10-05T21:08:00.000-07:00

This week I have attended two hearings on behalf of clients that were injured on the job some time ago. In both cases neither client had a lawyer until they hired me. They came to see me because, as so often happens, they heard, through the grapevine, that they were not getting their just due under Connecticut Workers Compensation Law. One was injured in 2005 ad the other in 2009. I both cases, a careful interview of the client revealed that their suspicions were correct---they were both owed benefits that they had never been made aware of and never pursued.

The moral here is that it really is imperative that if you are hurt on the job, you consult an experieced Connecticut Workers Compensation Attorney. The laws are complex and the legal theories leading to recovery are many. Your old case may be found money and you owe it to yourself to get what you are entitled to.

Updates to SSD Hearing wait times

2010-09-09T13:06:00.002-07:00

NOSSCR is reporting this month's wait times for an ALJ hearing at 330 days in hartford. that sounds about right.

The time Judges are taking to render their decisions seems to be considerably longer.

OSHA Fines in Lumber Co. fatality Case

2010-09-09T13:06:00.001-07:00

PHENIX CITY, Ala. - The U.S. Department of Labor's Occupational Safety and Health Administration has cited MDLG, doing business as Phenix Lumber Co., for 53 safety and health violations following the death of one worker and the critical injury of a second at its Phenix City facility. Proposed penalties total $439,400."Phenix Lumber failed to protect its workers from death and serious injury," said Assistant Secretary of Labor for OSHA Dr. David Michaels. "Employers are legally bound to provide a safe work environment for their employees. This company has repeatedly failed to do so, costing one worker his life and grievously injuring another. This must stop." In March, OSHA inspectors opened a follow-up joint safety and health inspection to verify abatement from a previous visit that identified failure-to-abate violations. Before OSHA could conclude its review, one worker was killed when his head was crushed between a motor being hoisted with a forklift and other equipment. Another worker was seriously injured after he fell approximately 10 feet, breaking his neck, while doing daily maintenance on the debarker in the saw mill.In connection with the fatality, Phenix Lumber has been issued one willful and five serious safety and health citations for permitting a worker to stand under an elevated portion of a powered industrial truck allowing a crushing injury. In relation to the fall resulting in critical injury, the company has been issued one willful, one repeat and one serious safety citation for not providing guardrails and fall protection, and not having a means to disconnect a rotor motor.The follow-up inspection additionally resulted in the company being issued two failure-to-abate, 11 repeat, 21 serious and 10 other-than-serious safety and health citations for other violations. Those violations include failing to provide energy control procedures for equipment and machinery that require more than one lockout device, failing to provide proper electrical enclosures around live conductors and allowing ignitable or combustible dust to accumulate."Phenix Lumber has a history of saying it will correct its safety deficiencies, yet continues to allow a hazardous environment for its workers," said Cindy Coe, regional administrator for OSHA in Atlanta, Ga. "This horrendous situation cannot continue and will not be tolerated."The company has 15 business days from receipt of the citations and proposed penalties to comply, request an informal conference with OSHA's area director or contest the findings before the independent Occupational Safety and Health Review Commission. The site was inspected by staff from OSHA's area office, 1141 Montlimar Drive, Suite 10006, Mobile, AL 36609; telephone 251-441-6131. Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

A Reminder About Surveilance

2010-08-04T13:02:00.000-07:00

From the Associated Press:

DOYLESTOWN, Pennsylvania — A woman is accused of illegally accepting workers' compensation payments while working as a stripper.
Forty-three-year-old Christina Gamble waived a preliminary hearing scheduled for Tuesday and will face trial next month.
Prosecutors say the woman claimed she hurt her back at her waitressing job and couldn't work. A judge granted her $360 per week in benefits in October 2008.
But private investigators working for the restaurant's insurance company say they taped her dancing at C.R. Fanny's Gentlemen's Club and Sports Bar later that year.
Gamble is charged with two counts of workers' compensation fraud and one count of theft.

At Least 9 Die in Workplace Shooting

2010-08-03T10:44:00.000-07:00

Having represented many employees of Hartford Distributors through the years, my heart goes out to the victims and their families.

Georgia Sugar Plant Explosion Results in $6 Million Fine

2010-07-09T20:15:00.000-07:00

WASHINGTON - The U.S. Department of Labor's Occupational Safety and Health Administration today announced it has resolved litigation with Imperial Sugar Co. stemming from the February 2008 explosion at its Port Wentworth, Ga., plant and subsequently discovered safety and health violations at the company's Gramercy, La., facility."The 2008 explosion took the lives of 14 people and seriously injured dozens of others. Clearly, health and safety must become this company's top priority," said Secretary of Labor Hilda L. Solis. "This agreement requires Imperial Sugar to make extensive changes to its safety practices, and it underscores the importance of proactively addressing workplace safety and health hazards."In the agreement, submitted to Judge Covette Rooney of the Occupational Safety and Health Review Commission, Imperial Sugar will pay $4,050,000 in penalties for the 124 violations found at its Port Wentworth plant after the explosion, plus an additional $2 million for the 97 violations found in March 2008 after an inspection of its only other facility, located in Gramercy. The citations alleged, among other safety and health hazards, that the company failed to properly address combustible dust hazards. As part of the settlement, Imperial Sugar agrees that it has corrected all deficiencies at both of its plants or will correct those deficiencies according to a set schedule. Preventative maintenance and housekeeping programs have been established, and Imperial Sugar will identify and map locations where combustible dust may be present at its plants. The company also will conduct regular internal safety inspections and employee training, and hire an independent expert at each plant to ensure that there are adequate avenues of communication on worker safety and health issues within the company. Furthermore, Imperial Sugar has hired and agrees to continue to employ a full-time certified safety professional for the Georgia plant. The company will retain outside consultants to conduct safety audits for a three-year period and evaluate Imperial's programs relating to managing combustible dust hazards, such as housekeeping, preventative maintenance and protective equipment for workers. OSHA will approve all safety, health and organizational experts retained by the company. OSHA will receive current and accurate injury logs whenever requested, and OSHA will be allowed to enter the facility and conduct inspections based on those logs without objection from the company. OSHA will regularly monitor progress and compliance with the agreement and continue to conduct regular inspections of the facility.Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov/.

Revised Stipulation Payment Memoradum

2010-07-09T20:11:00.000-07:00

Reproduced in toto:

MEMORANDUM NO. 2010-02(Supersedes Memorandum No. 2007-02)
TO:
WCC Commissioners, District Administrators, Advisory Board, Legal Advisory Panel, Medical Advisory Panel, Medical Practitioners, Self-Insureds, Insurance Carriers, Attorneys, and Unions
FROM:
John A. Mastropietro, Chairman
DATE:
June 4, 2010
RE:
Revised Stipulation Procedure – Effective July 1, 2010
The following memorandum supersedes Memorandum No. 2007-02 dated April 2, 2007. The Commission has determined that the prior memorandum did not provide sufficient guidance as to the construction to be accorded the term “commence on or before” contained in § 31-303. For this reason, the Commission issues the following revision based on its reading of § 31-303.
Sec. 31-303 requires that payment “shall commence on or before the twentieth day” from the date of an award or agreement. In addition, “[a]n employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.”
Determination of whether a penalty shall be assessed pursuant to § 31-303 due to the late payment of an award by stipulation shall be based upon the following:
Proof of payment by personal service, certified mail, or registered mail; OR
Placement of the payment due under an award by stipulation with a third party entity engaged in the regular business of delivery and the payor’s retention of written verification of same.
The 20-day period shall be counted from the date following the date on which the stipulation was approved by the Commissioner.
Parties in attendance will be hand-delivered the executed stipulation.
A certification page shall be maintained in the Commission’s file indicating the date on which the stipulation was approved and forwarded by the Commission’s staff.
Approved stipulations will be forwarded to non-appearing parties by regular mail to the address provided within the body of the stipulation by each party who requires and/or requests an executed copy.
For reference, § 31-303 provides:Payments agreed to under a voluntary agreement shall commence on or before the twentieth day from the date of agreement. Payments due under an award shall commence on or before the twentieth day from the date of such award. Payments due from the Second Injury Fund shall be payable on or before the twentieth business day after receipt of a fully executed agreement. Any employer who fails to pay within the prescribed time limitations of this section shall pay a penalty for each late payment, in the amount of twenty per cent of such payment, in addition to any other interest or penalty imposed pursuant to the provisions of this chapter.

Hey Jim, Can You Loan me $1500 'til My Case Settles?

2010-06-23T21:43:00.000-07:00

Brother, can you spare a dime? That's how the old saw goes, and not a month goes by without one of my clients calling, and they "hate to ask, but" look for a loanbfrom me against their comp settlement.

I feel bad for most of my clients. I truly do, and it is hard sometimes for me to say no. But I do.

I explain, as best as I can, that the Rules of Professional Responsibility prohibit me (thank goodness) from loaning my clients money. I always add the postscript that if I lose my license to practice law, I am of no use to them at all.

There are a number of firms out there now that will loan money against a WC settlement. In most cases, I try and steer my clients away from these outfits as I find heir rates usurious. But occasionally, suc a loan is a necessary evil.

I do my best to get to know my clients on a personal level. I like it that way. If I think they need the money, and understand the ramifications of these settlement loans, then after discussing it with the individual, Imake it happen. Most of the time it works.

No matter what, though, I can't loan you a dime (or $1500.00)

Commuting Payments End For Workers' Comp Commissioners - Courant.com

2010-06-22T07:55:00.000-07:00

Commuting Payments End For Workers' Comp Commissioners - Courant.com

The Frequency Of Contact Between You And Your Lawyer In The Personal Injury Case

2010-06-07T19:29:00.000-07:00

The Frequency Of Contact Between You And Your Lawyer In The Personal Injury Case

Amended Steel Erection standard improves highway construction worker safety

2010-06-02T13:29:00.000-07:00

WASHINGTON - The Occupational Safety and Health Administration has added a note to its Steel Erection standard informing employers of certain Federal Highway Administration requirements, to better protect workers and motorists during highway bridge construction.This added information will help prevent tragedies like the 2004 incident in which a 100-foot-long, 40-ton steel bridge girder fell from an overpass under construction in Golden, Colo., crushing an SUV passing underneath and killing the family of three inside. The falling girder could just as easily have struck and killed the construction workers who were building the bridge had they been there at the time; therefore, OSHA is amending its Steel Erection standard to notify employers of FHWA regulations that could save the lives of workers constructing highway bridges.In many cases, the FHWA requires that a Registered Engineer prepare plans for any temporary braces or supports used to stabilize structures such as bridges during highway construction. The National Transportation Safety Board determined the company erecting the bridge contributed to the fatal 2004 incident by failing to follow this requirement.Adding notification of FHWA requirements to the Steel Erection standard is considered a technical amendment because it does not impose any additional compliance burden on employers and therefore does not require a public comment period before going into effect. For additional information see the notice in the Federal Register.Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to assure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

Updated Medical Guidelines take Effect July 1, 2010

2010-06-02T13:19:00.000-07:00

June 1, 2010
The Connecticut Worker's Compensation Commission reports it has adopted new guidelines for resolving issues that may arise for either payors or medical providers who practice within the workers’ compensation system. The effective date for these guidelines is July 1, 2010.

To review the new guidelines, click here.

Heat and bugs and workplace injury

2010-05-27T21:02:00.000-07:00

Our recent spell of 90 degree plus weather may be a harbinger of things to come this Summer. As you head out to your jobs in the high heat and humidity, it is imperative you remember that if you become a victim of heat stroke or heat exhaustion while on the job, you may be eligible for benefits under the Conectiucut Workers Compensation Act. The same holds true for insect bites. Through the years I have represented a number of injured workers (and defended a few employers as well) that contracted Lyme Disease as a result of an insect or tick bite while at work.

If you fall ill due to a on the job condition, it is imperative you contact an experienced Connecticut Workers Compesation Attorey as soon as possible to protect your rights.

Safety Rules For Workers Involved in Top Kill

2010-05-27T20:58:00.000-07:00

Talk about closing the barn door after the horses have left. OSHA has promulgated a web page setting forth their efforts in keeping the workers involved in oil spills safe from injury. Read all about it here.

OSHA Proposes Rulemaking To Prevent Injuries From Slips, Trips And Falls

2010-05-26T19:39:00.000-07:00

From Comp News Network

Washington, DC (CompNewsNetwork) - The U.S. Department of Labor's Occupational Safety and Health Administration has announced in a notice of proposed rulemaking published in today's Federal Register its plans to require improved worker protection from tripping, slipping and falling hazards on walking and working surfaces. A public hearing on the revised changes will be held after the public comment period for the NPRM."This proposal addresses workplace hazards that are a leading cause of work related injuries and deaths," said Assistant Secretary of Labor for OSHA Dr. David Michaels.The NPRM describes revisions to the Walking-Working Surfaces and Personal Protective Equipment standards to help prevent an estimated annual 20 workplace fatalities and more than 3,500 injuries serious enough to cause people to miss work. For example, in July 2009, a worker at a chocolate processing plant was killed after falling from an unguarded work platform."This is a clear and grave example of the human cost incurred when fall protection safeguards are absent, ignored or inadequate," said Michaels. "The loss of a worker's life might have been prevented if the protective measures in these revised standards had been in place and in use."The current walking-working surfaces regulations allow employers to provide outdated and dangerous fall protection equipment such as lanyards and body belts that can result in workers suffering greater injury from falls. Construction and maritime workers already receive safer, more effective fall protection devices such as self-retracting lanyards and ladder safety and rope descent systems, which these proposed revisions would also require for general industry workers.The current walking-working surfaces standards also do not allow OSHA to fine employers who let workers climb certain ladders without fall protection. Under the revised standards, this restriction would be lifted in virtually all industries, allowing OSHA inspectors to fine employers who jeopardize their workers' safety and lives by climbing these ladders without proper fall protection.Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to assure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance.

SSD Claimant's Have an Absolute Right to Refuse a Video Hearing

2010-05-26T12:45:00.000-07:00

A March 20, 2010 memorandum from the Chief Administrative Law Judge to all of his subordinate ALJ's reiterates that a social security claimant has an absolute right to refuse to appear at a videotelephonic hearing (VTC) and demand a hearing before an ALJ in person. VTC hearings have become increasingly popular in districs where cases are backlogged for hearing. I have had instances where my client and I have been sitting in a hearing room in Hartford while the ALJ is sitting in Kansas City or some other distant city.

Pursuant to the Code of Federal Regulations, the ALJ must be notified as soon as possible by the claimant that he or she is declining a VTC hearing. The hearing shall then be automatically continued for good cause having been found.

Nice to know that we can still insist on the personal touch.

Ugghh....

2010-05-25T20:52:00.000-07:00

I have to admit that this one is personal. I had a hand in defending the Cessario v Meriden matter at my former firm, and never in my wildest dreams would I have envisioned the result the trial commissioner reached, let alone have it affirmed by the CRB. Officer Cessario retired from the Meriden PD in 1978 with a disability pension on account of his hypertension (high blood pressure). Remember well that hypertension in police officers and fire fighters was (and to a large degree still is) presumed to have been caused by the job, and thus compensable under Connecticut Workers Comp.

Cut to 2001. 23 years later! (No longer) officer Cessario has a heart attack which he is, for reasons unfathomable to me, able to relate back to the late 70s high blood presure. The trial commissioner chose to ignore the opionion of Dr. Jim Dougherty, one of the finer cardiologists in the State, who adroitly points out numerous other occupational factors that brought abought the heart attck and tag the City with the costs for current benefits, increased PPD, and all manner of other expensive goodies that will be passed on to the Meriden tax payers.

The CRB does not address the Citys defense that the claim for the 2001 heart attack was utimely. If you read the opinion, they just skate over that.

I hope the City appeals. They should. This decision is a killer for Connecticut municipaligties.

Repetitive Trauma Theory Carries the Day in Stress induced H&H Claim

2010-05-20T19:32:00.000-07:00

A tip of the hat to my former partner, Jim Quinn, who taught me a lot about the ins and outs of Connecticut workers comp law. Jim successfully argued to the CRB that the trial commissioner erred in dismissing the claimants heart and hypertension claim without considering Jims theory that the stress was in fact a repeitive trauma for the purposes of tolling the statute of limitations. This is complicated stuff, folks. I would be happy to speak personally to any of you who need guidance in this area or who would like to know more about theories of repetitive trauma.

Nomah!

2010-05-05T19:58:00.000-07:00

This is the classiest thing my team has done in a long time.

Run Susan Run

2010-05-05T19:40:00.000-07:00

And she is off. Judge Michael Sheldon ruled today in a 100 page opinion that Susan Bysewicz, who has spent a great portion of her time of late as Connecticuts Secretary of State, does in fact meet the statutory requirement of 10 years active practice as a lawyer.

I have held this view for some time. While most lay people equate lawyers with litigation, there are a vast number of dues paying lawyers in this State that never set foot in a court room. They work on contracts at the Aetna, or on real estate deals at the Phoenix, or in some other arcane area of the law that would drive me right around the bend. Nonetheless, they are every bit as entitled to refer to themselves as a lawyer as I am. It is no different with Susan B.

With all due respect to my friend Elliot Gersten for his blistering deposition interrogation skills, Judge Sheldon got this one right.

In other news, I really need to start entering these posts on a computer that has a working apostrophe and quotation mark key. If my English professors at Ohio Wesleyan were to read these, they would take away my degree.

Timeliness of Claim: Emotional Distress in case of Minor Employee Sexually Assualted by Boss at Work

2010-05-04T19:55:00.000-07:00

I had a hard time thinking of a title for this entry, and I am still not entirely happy with what I came up with, but its hard to capsulize, let alone imagine a scenario where a 13 year old (underage for employment in Connecticut) girl begins to work for a landscape contractor who then goes on to have sexual relations with her. The landscaper is ultimately arrested on statutory rape charges and the young girl begins to experience emotional distress and requires psychiatric treatment.
Some 6 years after this unhappy situation arose, it dawned on the childs parents---yes the same parents that let their 13 year old go take a job---that maybe this should be covered under workers compensation. They file a claim, citing the medical treatment exception to the 1 year notice of claim proivision under CGS 31-294C. The parents, through their lawyer, reason that inasmuch as the employer had to reimburse the girl her out of pocket expenses for counseling as a condition of his criminal case, he had in fact paid for medical care thus triggering the exception establishing compensability in a late notice case. The CRB did not buy it.

I expect a appeal. I also think that the odds are better than 50/50 that at some point, one of the Appellate courts in Conecticut will get swept up in the child sex abuse statute of limitations fever and deem the claim compensable.

I cannot emphasize enough the importance of filing a timely claim for benefits. Time and time again, it seems, I have to tell a prospective client that they will be unlikely to prevail in their claim for a on the job ijury for the simple reason they did not follow the requisite steps and file a 30C Notice of Claim. If you get hurt on the job, it is essential that you speak with a experieced Connecticut workers compensation lawyer as soon as possible.

Compensability of workplace brawl a question of fact

2010-04-28T19:42:00.000-07:00

In Fekieta v. Drill Masters, Eldarado Tool, Inc., the CRB was called upon to review the Trial Commissioners decision that a workplace fight between two employees was not compensable. Generally speaking, Connecticut law holds that if you are injured as a result of a fight at work, then that is not causally related to the job itself and thus is not covered for the purposes of workers comp. In Fekieta, that facts were somewhat unique and an argument was made that the fight between the employees was engendered by one worker interfering with the other doing his job. Under certain conditions, I can see this argument carrying the day however in this case, the trial commissioner simply did not find the claimant credible. Not surprisingly, the CRB did not disturb the decision. Questions of credibility are solely within the province of the trier of fact.

Conn. Senate OKs cop workers' comp in animal cases

2010-04-28T19:32:00.000-07:00

From The Associated Press tonight

The Associated Press Wednesday, April 28, 2010; 7:48 PM
HARTFORD, Conn. -- The Connecticut Senate has approved a bill allowing police officers to seek workers' compensation for stress after using deadly force on mammals.
The bill stems from the police killing of a 200-pound pet chimpanzee named Travis that went on a rampage in Stamford last year and mauled Charla Nash, a friend of the animal's owner.
Senators passed the measure 29-4 on Wednesday. It now awaits House action.
Stamford Police Officer Frank Chiafari (chee-uh-FAHR'-ee), who shot the animal, told lawmakers he suffered from post-traumatic stress disorder after the harrowing experience but his claim for workers' compensation coverage was denied.
Under current state law, an officer can receive mental or emotional impairment benefits after using deadly force against a human being but not an animal.

CRB reaffirms Totalityof Factors Test

2010-04-07T17:37:00.000-07:00

In Cruz v. 21 Catherine Avenue, the CRB reaffirmed its position that in analyzing whether or not an injured worker is an employee for the purposes of Connecticut workers compensation law, requires the trial commissioner to look at the totallity of factors annexed to the worker and the principal. The Totality of factors test is set forth in Hanson v. Transportation General, Inc., 245 Conn. 613 (1998).

If you or a loved one are injured at work ad there is a question as to whether or not the victim is an employee, and thus eligible for workers compensation benefits, the safe course is to consult and experienced, board certified Hartford workers compensation lawyer.

Massive Natural Gas Exolosion Kills 5 and Injures More in Middletown

2010-02-07T20:30:00.000-08:00

In what will likely prove to be Connecticut's largest single worker's compensation incident in years, the Associated Press is reporting that at least 5 workers were killed today and 12 more were injured when a Kleen Energy plant they were constructing in Middletown, Connecticut erupted in a natural gas fueled fireball. The photos I have scene from the scene depict the building ---which was under consruction but reportedly 95% complete--- with both of its' sides blown out. Homes across the Connecticut River in Portland suffered cracks in their walls and buckled doors as testimony to the force of the explosion.

In a case such as this, I am certain the members of the Connecticut Worker's Compensation bar will rally together to aid in bringing justice to the families of those killed and care to those who have been injured. Our prayers go out to all involved.

CGS 31-312 Mileage Rate Falls as of January 2010

2010-02-05T20:45:00.000-08:00

Effective January 1, 2010, the mileage reimbursement rate for Connecticut Worker's Compensation Claim related travel fell to 50 cents per mile regardless of the date of injury.

The notation on the Connecticut WCC website may be read by clicking here.

Expert's Testimony Leads to New trial in Connecticut Medical Malpractice Case.

2010-02-05T20:31:00.000-08:00

The case of ERIK M. PIN ET AL. v. DAVID L. KRAMER ET AL.
(AC 29314 was officially released by the Connecticut Appellate Court on January 19th, 2010. In this medical malpractice case brought against a respected Fairfield County orthopedic surgeon, the jury returned a verdict in favor of the Defendant, David Kramer, MD. That is to say that the Plaintiff--the one who sued---lost their case and recovered no money for the doctor's alleged malpractice.

At trial, the Defendant presented testimony from an expert witness, Todd Albert, MD, who testified that Dr Kramer had not deviated from the requisite standard of care. Doctor Albert went on, however, to opine that in not ordering certain additional tests, Dr. Kramer was on solid footing:

"I am with residents, fellows,
and medical students all the time. So, we are
ordering a lot of tests on everything so they have the
opportunity to read them. And you could say, oh, that’s
wasteful, but that is part of being at a teaching institution.
One. It is for teaching purposes as much as anything,
for they have one more chance to look at just
one more—they have another dot in their exposure.
‘‘The second reason is much different than in this
part of the country and this state. I live in the worst
malpractice community in the world. And people—and
we practice a lot of defensive medicine. It’s true. It’s
unfortunate, but it’s true. And so we order way more
tests. You hear about the cost of medicine going up.
Weare the epicenter of it because we have more doctors
leaving because they can’t get insurance and things like
that. So, we order way more tests than are necessary
to protect ourselves. And that’s just a fact. And so we
get acclimated to practicing like that."

At that point, the Plaintiff's lawyer moved for a mistrial based upon Dr. Albert's prejudicial remarks. The trial court refused to do that and the Plaintiff, after losing the case, took an appeal.

The Appellate Court ruled that Dr. Albert's remarks as cited above were in fact unduly prejusicial and ordered a new trial.

The entire text of the Court's opinion can be read here.

Kevin Maher Passes

2010-01-12T12:38:00.001-08:00

Long time Connecticut Worker's Compensation attorney Kevin Maher pased away Monday, January 11, 2010. Kevin was one of the founding principals of Maher and Williams in Fairfield. He was beloved by all of us who toil in the field of worker's compensation law, whether we agreed with the stance he took or not in any given case. Kevin was one of the classic lawyers on the Connecticut scene. He will be missed.

Kevin's obituary may be read here.

2010-01-05T20:33:00.000-08:00

Voronuk vs. Electric Boat: Contributing Factor must be "Substantial"

2010-01-05T20:01:00.000-08:00

The Connecticut Appellate Court released it's decison on December 1, 2009 in the case of MARJORIE VORONUK v. ELECTRIC BOAT
CORPORATION ET AL. Voronuk concerns a claim for survivor's benefits under section 31-306 of the Connecticut Worker's Compensation Act.

According to the decision, Joseph Voronuk, the plaintiff’s late husband, who died in 1995,
testified by deposition on November 14, 1989, that he
first worked for the defendant in 1942 as a shipfitter
for approximately six months to one year and that during
that period he was exposed to asbestos while on
the job. He and the plaintiff were married in 1947 and
remained married and living together until his death.
He resumed employment with the defendant in 1951
as a carpenter. He testified that in the course of his
employment as a carpenter for the defendant he was
exposed to asbestos. He testified that in 1982, due to
complaints of chest pain, he was examined by Paul
Gerity, a physician. Gerity’s notes of the examination
reveal that the decedent was fearful that his prolonged
exposure to asbestos on the job made him susceptible
to asbestosis. The decedent’s medical records show
that from October, 1982, through April, 1986, he was
treated by Gerity and William G. Crawford, another
physician, for, among other things, complaints of chest
pain. The decedent also testified that in 1985, at the
defendant’s request, he had a medical screening for
asbestosis performed by personnel at Boston University
Medical Center. It was as a result of this medical screening
that he first learned of his diagnosis of asbestosis.
On March 17, 1986, he filed with the commissioner a
form 30-C, claiming that his lung disease was a result
of workplace exposure to lung irritants. The decedent
retired from the defendant’s employ in 1986.
The decedent thereafter continued to monitor and
to treat his lung condition, although it worsened. In
September, 1993, he was hospitalized and diagnosed
with congestive heart failure, cardiomyopathy, asbestosis
and chronic obstructive pulmonary disease. He was
again hospitalized in July and November, 1994, due to
complications resulting from congestive heart failure,
pleural effusions, cardiomegaly, chronic obstructive
pulmonary disease, hypoxia and asbestosis. He died
on October 13, 1995. His death certificate listed the
immediate cause of death as cardiorespiratory arrest
due to cardiomyopathy and congestive heart failure.
It also listed diabetes mellitus as another condition
contributing to death but not related to cause.

In
1996, Mark R. Cullen, a physician, reviewed the decedent’s
medical records and prepared a report that the
plaintiff submitted to the commissioner. Cullen’s report
initially set out the basis for the opinions contained
therein and concluded: ‘‘Putting all the above information
into context, it would bemy opinion that underlying
restrictive lung disease was a contributory factor in the
development of cardiorespiratory failure which ultimately
caused [the decedent’s] demise in 1995. Since
his interstitial lung disease was due to asbestosis, I
would consider his work exposure contributory to his
death.’’ This report, along with the death certificate, was
the only evidence the plaintiff submitted concerning
the cause of the decedent’s death.

The Trial Commissioner, after hearing all of the evidence, concluded that because no expert medical opinion was profferred by the widow that Mr. Voronuk's past exposure to asbestos in his work at E.B. was a "substantial contributing factor, " she had not met her burden of proof with regards to establishing compensibility. The Compensation Review Board affirmed the trial commissioner, and now the Appellate Court has concluded likewise.

The Court goes out of its' way to state that it does not consider the expression "substantial contributing factor" to be a magic phrase, per se, however that conclusion is hard to escape.

The take away message is that when in doubt, the wise claimant's attorney should ask doctor for clarification of any ambiguous opinions. Schedule an hour of the doctor's time and explain to him or her what it is that is needed. Have an honest discussion about the medical legal implications of the doctor's opinions. With Voronuk on the books, we have been forewarned.

Worker's Comp Mileage reimbursement Rate Falls

2010-01-04T20:33:00.000-08:00

From the Connecticut Workers Compensation Commission Website:

The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2010 is now 50.0 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.

Independent Contractor: A "Thing Thant Makes Me Go Hmmm."

2010-01-04T20:17:00.000-08:00

The distinction between who is an independent contractor and who is an employee in the realm of Connecticut Workers Compensation law is one of those issues that continues to gnaw at me. And, I think, it may be gnawing at the Compensation Review Board as well. In Jordan v. Reindeau & Sons Logging, LLC the CRB took up an appeal in which the trial commissioner concluded the lumberjack that was injured while on the job was an independent contractor as opposed to an employee of the logging company and thus not able to recover for injuries sustained while working.

In reading the CRB's opinion, it is pretty clear that the trial commissioner could have gone either way on this one. I also get the sense the CRB wrestled with what to do. In the end, The CRB deferred and upheld the commissioner's decision. Now I can't say for sure whether or not the trial commissioner concluded as he or she did because of the facts or because the claimant was not represented by one of the more well known comp attorneys while the respondents were, but I think it is a fair question to ponder. There are a lot of intangibles that go into Connecticut workers compensation law practice and this is one of those scenarios that makes me go "hmmmm."

If you are injured on the job in Connecticut and would like a free consultation, feel free to contact my office.

When is my Court Date?

2009-12-29T21:17:00.000-08:00

The Connecticut Judicial Branch website has a handy device to answer that very question. Just click here to be taken to the case lookup page. Also handy if you want to check up on your neighbor's civil or criminal proceedings...

Happy Holidays

2009-12-23T19:59:00.000-08:00

As the crazy season of worker's compensation law comes to a close, i am thankful for all of those I have been able to help this year. Since 2006, I have grown to represent 560 clients at present. I am awed at the trust you have placed in me an work hard every day to see you through the maze of Connecticut workers compensation.

Merry Christmas! See you all the last week of the year.

Counstruction Worker Struck By Car in West Hartford

2009-10-27T09:47:00.000-07:00

The hartford Courant is reporting that an Austin, Tx man was struck by a vehicle on Asylum Avenue while doing sewer work. When injuries such as this occur, the worker not only has a Connecticut worker's Compensation case but can bring a civil lawsuit as well.

If you are injured on the job, whether as a result of a motor vehicle accident or otherwise, it is imperative you seek experienced worker's compensation counsel as soon as possible.

Icy Fall Roads lead To Multiple Crashes

2009-10-19T20:57:00.000-07:00

Winter can't be far away after a morning commute like today. Remember, that if you are in your car while working, and you are involved in an accident, you ot only have a potential liability claim, but a worker's compensation claim as well. Call us today for a free evaluation or your Connecticut Worker's Compensation Case or your Connecticut automobile accident case.

http://http://www.wfsb.com/news/21338859/detail.html

3 Seriously injured in Connecticut Auto Accident

2009-10-16T21:39:00.000-07:00

WFSB, the CBS affiliate in Hartford is reporting that "a section of Interstate 84 was closed in Tolland Friday night after a crash that began on the eastbound side of the roadway ended on the westbound side.

Both sides of the highway were closed just after 7 p.m. in the area of exits 67 and 68.
Police said two cars were involved in the crash and at least three people were airlifted to Hartford Hospital with serious injuries.

"We've been sitting here for two hours, got out near the gas station for an hour, got back on," said driver Lynn Hilton, of Massachusetts, who got stuck in traffic created by the crash.

Both sides of the roadway remained closed at 11 p.m."

At The law Offices of james F. Aspell, P.C. in West Hartford, we provide skilled and compassionate representation for those injured in auto accidents as well as those injured on the job in Connecticut . Call today for a free consultation.

Monkey Business

2009-10-16T21:31:00.000-07:00

Earlier this year, a Connecticut woman was severely mauled by her friend's 200-pound pet chimp Travis. Charla Nash "lost her nose, lips, eyelids, hands and bone structure in her mid-face and suffered significant brain, eye and tissue injuries in the attack," and her family sued chimp owner Sondra Herold for $50 million in damages. Now, Herold is seeking to call the suit a worker's compensation claim—because Nash worked for her and Travis the chimp was a part of the business.

The Hartford Courant explains, "The strategy, if successful, would severely limit potential damages in the case and insulate the chimp owner from personal liability... Herold's attorney, Robert Golger, says in recent court papers that Nash was working as an employee of Herold's tow truck company, Desire Me Motors, at the time of the attack. He argues that Travis was an integral part of the business, saying his picture was on the wrecker, he appeared at the garage daily and he attended numerous promotional events."

An attorney said it was a "pretty creative argument" while another told the Courant it was "a very sellable argument." Nash has been undergoing intensive rehabilitation since the February incident; in June, her brother said, "When she gets knocked down, she gets back up...Her psychiatrist asked her if she wanted to know anything about the event. She said, 'Nope. That's in the past.'"

Creative indeed. If A Court deems Nash to be an employee, worker's compensation will be her exclusive remedy under Connecticut Law.

Dont Monkey around. (sorry, I could't resist). If you are injured at work in Connecticut call us today for a free consultation.

Chemical Spill Injures 3 in Vernon

2009-08-25T20:33:00.000-07:00

The Hartford Courant is reporting that 3 employees were injured today in a chemical spill at the Amerbelle Textile company in Vernon. Chemical spills are a common source of on the job injuries in Connecticut that entitle the victim to worker's compensation benefits.

Connecticut Worker's Compensation law entitles you to payments for your time lost from work, your medical expenses, and permamant disabilty you suffer, and various other incidental benefits. If you are injured in Connecticut it is imperative that you contact an experienced Connecticut worker's compensation attorney. Your employer will not necessarilly file your claim for you, and as time moves on from the date you get hurt, memories fade and motives become confused. Feel free to contact me at any time for a no cost or abligation consultation on your Connecticut worker's compensation matter.

Vacation

2009-08-14T19:52:00.000-07:00

As I have posted here before, I subscribe to the legendary Norm Pattis' view that being a lawyer is a punishing way to make a living. This is, in my view, especially true of worker's compensation claimant's attorneys. My clients are stressed. They are in pain. They need treatment and are being denied. They wait weeks for checks or for hearings or for settlements that are promised but are somehow elusive. And they call. A lot.

I like talking to my clients. I am empathetic by nature and have chosen this course to feed my family by helping those who are hurting.

But it takes it's toll on the lawyer too. It is not easy being on the front line day in and day out. I am ready for some well deserved time off. Life is about balance and right now I need some Yin to offset the Yan. I will of course call in and handle any true crises that errupt. I have a solo practice and that goes with the territory. But I need to unwind. Go out on the boat. Play the guitar. Talk to my wife and have ice cream with my kids. I need to recharge so I can do my best for you.

In the meantime, Maggie will mind the store.

Catch you in about a week.

Can You Hear Me Now: Work Related Injuries for Musicians

2009-08-12T21:11:00.000-07:00

Reprinted with permission from a posting by Julie Ferguson at Worker's Comp Insider

Last week, 61-year old rock musician Steven Tyler fell off the stage and suffered a broken shoulder, along with stitches in his head and back. He has had to cancel upcoming shows, though it's likely he'll be on a self-imposed return-to-work plan in the near future. Many musicians are like athletes in their devotion to their profession and their determination to return to work as soon as feasible. (Not to mention the economic impact of canceling shows, which although there is event cancellation insurance for that type of thing, still must take a bite from a musician's earnings.)
Falling off stages isn't all that unusual a work-related occurrence for musicians and other performers. Celebrity spills are a favorite fare on the Internet, with video clips drawing millions of viewers and little sympathy. Fashion model falls seem to be a particular favorite for the YouTubers, and frequently available given that a job-related hazard for models is teetering around on ridiculous footwear. But despite the vicarious pleasure that many viewers take in seeing pop culture icons coming down to earth, slips and falls are nothing to take lightly - they are one of the most common injuries in many professions, resulting in disabling injuries. They are also a leading source of fatalities in the construction industry.
Injuries beyond the fallsWe went looking for more information about musician injuries and came upon Looking at Musicians' Health Through the Ages, an examination of performance-related musculoskeletal disorders (PRMDs) from the scholarly Medical Problems of Performing Artists. This is a publication that bills itself as "...the first clinical medical journal devoted to the etiology, diagnosis, and treatment of medical and psychological disorders related to the performing arts. Original peer-reviewed research papers cover topics including neurologic disorders, musculoskeletal conditions, voice and hearing disorders, anxieties, stress, substance abuse, disorders of aging, and other health issues related to actors, dancers, singers, musicians, and other performers. Alas, the interesting articles entitled "Bagpiper's Hernia" and "The Psychological Profile of a Rock Band: Using Intellectual and Personality Measures with Musicians" are available only to subscribers.
For some other sites related to musician injuries, see Musician's Health, an educational website devoted to common musician's injuries and information on preventing those injuries. Instrumental injuries often include similar repetitive motion injuries to those that are commonly associated with computer use. Musicians' Injuries describes various types of performance-related injuries and offers advice on how to avoid them.
Hearing-related injuries are common for musicians Hearing loss is another risk for musicians and conductors - and not just for rock musicians, as might be commonly assumed. Doug Owens, a USM music education professor and trumpet player who has experienced hearing loss himself, has been studying the issue of hearing loss and musicians. For his doctoral dissertation, he had ten high school band directors wear noise monitors for two days on the job.
"Owens found they were exposed to mean average noise levels of 85 to 93 decibels, similar to a vacuum cleaner or a leaf blower. Noise exposures peaked at 101 to 115 decibels, similar to a jackhammer or a crowd at a basketball game.
Comparing eight-hour exposure rates, Owen found noise levels for all of the band directors were more than three times higher than recommended by the National Institute of Occupational Safety and Health." In learning more about this topic, we also discovered H.E.A.R., a site with an acronym that stands for Hearing Education and Awareness for Rockers. The site describes itself as "a non-profit grassroots hearing health organization of hearing professionals, audiologists, ear doctors, educators, music industry professionals, and musicians dedicated to the prevention of hearing loss and tinnitus for musicians, music students, recording engineers, music industry professionals and music fans, especially young people." The site offers the latest in hearing-related research, news and advice, along with a quick and easy test to assess whether concerts are harming your hearing.
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If You have been injured on the job in Connecticut please call us to discuss your legal options. At the Law offices of James F. Aspell, P.C. you get small firm service with big firm results.

What IS Worker's Compensation?

2009-08-10T21:23:00.000-07:00

Justia Answers that question quite nicely here.

If you are injured on the job in Connecticut feel free to call us for a free consultation.

Three Dead in Fiery Rocky Hill Crash

2009-08-10T19:56:00.000-07:00

Three persons perished and three more were injured in firey car crash in Rocky Hill on Sunday marring an otherwise beautiful day. The loss of any life in situation such as this is a tragedy of the highest order.

In any accident in which you or a loved one sustain serious injury, it is imperative that you contact an experienced Connecticut personal injury Attorney to protect your rights. Your attorney will work hard to ensure evidence is preserved and that an investigation is conducted properly. Should litigation become necessary, your Connecticut Attorney can guide you through the process with experience and compassion.

Lunch Break Walks: You're On Your Own

2009-07-28T08:21:00.000-07:00

Our Appellate Court has recently held that if a Connecticut Worker injury occurs while the employee is taking a walk on his or her lunch break, then the case is not compensable under Connecticut worker's compensation law. The case in question is that of Brown vs.United Technologies which is published at 112 Conn. App. 492 and an appeal to the Connecticut Supreme Court is pending.

The Appellate Court concluded that the employee's injury which occured while "power walking" on a lunch break, although occuring on the employer's property, was excluded as a recreational activity purusant to CGS Section 31-275(16)(b)(1). It is unknown at present whether or not the Supreme Court will reach a different result or whether they will even hear the case.

Contact an experienced Connecticut worker's compensation Attorney if you have been injured on the job.

The New Comp Books are Here, The New Comp Books are Here"

2009-07-26T16:33:00.000-07:00

Bulletin 48 is out---in a delightful shade of blue. Get your copy at any District office.

New Practitioner Fee Guidelines Available

2009-07-26T16:31:00.000-07:00

The Chairman's office has released a new edition of the Connecticut Practitioner's Fee Guidelines setting out the allowable costs for procedures performed in worker's comp cases.

Supremes Take Up Expert Witness Testimony and Rule for the Good Guys

2009-06-08T20:44:00.000-07:00

Sullivan v. Metro North will be released on Monday. The decision is significant in that it reminds civil trial courts that the scope of expert testimony can be quite broad and that the trial judge that excludes such testimony does so at their peril. I consider this a "win" for the Plaintiff's bar.

Reminder to the Wise: There Are Limits on Your Medical Treatment in Accepted Comp Cases

2009-06-08T20:28:00.000-07:00

In Caverno vs. Mory's Association the CRB has upheld the Trial Commissioner's denial of disc replacement surgery sought by the claimant. This case involves an accepted low back injury of long standing involving a waitress at the venerable Mory's in New Haven. After what appears to have been significant treatment/evaluations by various orthopedists and neurolgists, the claimant made her way to Dr. Yue at Yale who opined that he felt the claimant was an appropriate candidate for disc replacement surgery. The Commissioner, as is his right, ordered a Commissioner's exam with Dr. Druckemiller, a Hartford neurosugeon.

Dr. Druckemiller rendered an opinion which, following a formal hearing, the trial commissioner relied upon and denied the surgery proposed by Dr. Yue. The CRB has affirmed this denial.

I will refrain from editorializing on this decision and let the reader review the case and draw their own conclusions.

Forgive Me if I Blow My own Horn for a Second

2009-05-19T20:44:00.000-07:00

Your humble scribe was enrolled in the Pro Bono honor roll for 2008 by the Connecticut Bar Association. I try hard to give back to the community by accepting cases on behalf of the indigent whom I then represent without cost.

This is an expensive country to live in, and legal services are an exceptionally expensive commodity. I am happy I have been lucky enough to make enough money to support my family and pay my bills and still help out those less fortunate by providing them with no cost legal services.

Independent Contractors

2009-05-14T21:37:00.000-07:00

In the case of Rodriguez vs Ed Construction the Compensation Review Board takes up another independent contractor vs. employee case.

I have seen a number of similar fact patterns come through my door in recent years and am concerned that the CRB takes an unusually narrow view of who is and who is not an employee. I worry that I am settling these cases too low because when I speak with my colleagues who are labor lawyers, they seem to be far more fearful of worker's being categorized as employees than our CRB is. This is a troublesome issue. I firmly believe Connecticut workers need adequate protection and I think this whole "independent contractor" business has been expanded too far.

I think it is time another appeal from the CRB is taken.

Saying A Little Prayer for the President of red Sox Nation

2009-05-07T21:45:00.000-07:00

Get well soon, Rem Dawg

How Cool Was THAT?

2009-04-27T19:54:00.000-07:00

Can Social Security Payments be Garnished For Child Support?

2009-04-27T19:49:00.000-07:00

SSD/SSI Expert blogger Jonathan Ginsberg answers this question in this recent post.

Social Security Wait Times

2009-04-22T05:33:00.000-07:00

According to this quarter's edition of the NOSSCR Forum, the wait times for ALJ Hearings in Hartford presently stands at 380 days. The New haven office sits at 372 days and Springfield, Ma is at 335.

To give that some perspective, the New York screening unit has a 135 day processing time (the best) and Chicago, Il comes in dead last with a 783 day wait time.

The Forum is also reporting that Congress held a 2 hour hearing on March 24th with Social Security Commissioner Michael Astrue to address these long wait times. What will come out of that remains unknown.

If you have any questions about your rights to Social ecurity or SSI benefits, feel free to contact us.

Trouble Behind, Trouble Ahead: Syzmaszek meets Garland-Hall

2009-04-20T20:21:00.000-07:00

I'm not quite sure what to make of this opinion. I am quite familiar with the Syzmaszek case having defended the City of Meriden in the matter for a number of years. I know all of the parties involved well, and am certain that further appeals will follow. I also have a case of potentially significant value in my office right now whose fate may be determined by how the dust finally settles in this showdown.

The issue here usually presents itself in only the most serious of comp injuries. A situation where an employee suffers a catastrophic injury and is never able to get off temporary total disability. In other words, he or she is in essence a permanat total. Along the way, however, the worker receives a PPD award which entiles him or her to a specific benefit under CGS Section 31-308a.

In this most recent interpreteation of what to do in such a scenario, the CRB seems to take the view that the 31-308 permanency award is subsumed by the weeks of TT that roll by over that period of time that the permananency would have been due.

I have a problem with this.

As I understand it, 31-308 PPD benefits, as defined in the Statutes, shall be paid "in addition to" any other benefits. How then, can gthe CRB conclude that just because a claimant never got off TT, he or she is no longer entitlked to receive this "addition"?

As I say, I suspect an appeal to the Supreme Court will be coming. In the meantime, I'm not planning on wrting off that case in my office just yet...

Who Says Common Sense is Dead?

2009-03-02T20:58:00.000-08:00

Certainly not the CRB. Great Result. Read it here.

Saddle soreness. Compensable or not?

2009-02-25T21:26:00.000-08:00

Biasetti, Again. PTSD. OY!

2009-02-25T21:16:00.000-08:00

I really am not quite sure what to make of this.

For whatever reason, the worker's comp gods have not smiled on Officer Biasetti. While my hat goes off to my esteemed colleague J.D. Moran for what is very clearly a job well done, I can't help but feel as a claimant's attorney that this is a tortured result.

I'm shaking my head. I also anticipate further appeals.

Gone baby Gone

2009-02-14T23:47:00.000-08:00

Time for a well deserved vacation. I'm spending a week in Tucson with my family and will resume blogging the Connecticut WC scene when I get back!

Bailout! Might your Worker's Comp Checks Become Taxable?

2009-02-10T20:10:00.000-08:00

One lawyer thinks it may be so. One Trillion dollars is a very big number, folks. And both State and Federal goverment will be looking for a way to pay for it all. New taxes including those on worker's compensation checks may very well be subject to income tax in the near future. Stay tuned.

Appellate Court Refuses to Go Postal

2009-02-09T20:03:00.000-08:00

In Lopa vs. Brinker International, (12/30/2008) our Appellate Court has given Connecticut worker's comp lawyers yet one more reason to run for the door when we hear the words "United States Postal Service." Not only are Postal worker injury cases not subject to Connecticut worker's compensation law, but now, the Court has instructed that the wages one earns while concurrently employed by the USPS are not included in the average weekly wage of a postal worker injured while performing a second job at an employer other than the Post Office.

Concurrent wage cases fall within the gambit of advanced topics in Connecticut Worker's compensation law. If you have concurrent wages (i.e. a second job) and are injured with either employer, I am happy to help you explain your rights. Feel free to call the firm at any time with your questions.

Lower Gas Prices Translates to Reduced Mileage Reimpursement Rates

2009-02-03T20:01:00.000-08:00

The mileage reimbursement rate for all travel expenses incurred on or after January 1, 2009 is now 55.0 cents per mile. This rate change applies to all claimants, regardless of injury date, and coincides with the federal mileage reimbursement rate pursuant to Section 31-312(a) of the Workers’ Compensation Act.

Down The D.A.S. Rabbit Hole

2009-02-02T18:50:00.000-08:00

I represent a client that has two Connecticut Worker's Compensation Claims. In each instance, my client was injured under circumstances that also allowed me to bring what are known as third party claims---lawsuits by any other name for the same injury. In these cases, the claimant typically recovers more money in the third party case than he or she does in the worker's comp case, the only caveat being that the worker's comp carrier must be paid back the benefits they paid on account of the same injury. It's that notion of "no double dipping" that I talk about.

In this case, however, the client also received assistance from the State of Connecticut at various times in his life. The State then also has a lien on the recovery proceeds. He's not a sophisticated guy and doesn't know for sure what he has received from the State in terms of assistance.

I'm trying to settle this rabbit's warren of a case and in the process had been informed by my client that he had been given different lien figures from the Connecticut Department of Administrative Services than DAS had given me. The client had figures showing they owed $2000 less than the numbers I had. Understandably, since they money would ultimately affect my client's bottom line, I decided to delve into it.

Armed with the lien letter I had and the various letters and payment coupons prepared by DAS that my client faxed me, I called DAS and tried speaking with the collections worker assigned to the file. I was informed by her voice mail that "she was out of the office until "x" and would not be calling in." No other information was given in the message. Good thing the State isn't having any money issues or anything. I called back and repeatedly pounded "0" until I connected with another collections worker who begrudgingly pulled up the screen. "Well...if that's what the screen says you owe then that's what you owe."

"What about the paperwork from D.A.S. that says he only owes this much?" I asked. I don't know about that and I don't have any information other than what the screen says."

"well can I fax a copy of these papers DAS is sending him that says he only owes this much this to you and have you take a look?"

"Uh sure."

I did. That was two weeks ago and never heard back from that civil servant.

Undaunted, I called again today and spoke with the collection worker who was now happily back from vacation and no doubt in a good and well rested mood, not having had to deal with any pesky voice mails in her absence.

"I have conflicting lien numbers from D.A.S. on this worker's comp case" I begin . "I want to get you guys the right amount of money but you're sending my client payment coupons that says he owes 2000 less than your lien letter says."

"I dont handle worker's compensation. I collect cash."

"Yeah, I know. I'm asking about the lien you have on my guy's case."

"I dont handle worker's compensation."

"Ok, well there is also a third party case."

"What is the file number?"

I respond.

"My lien is what it says on the screen."

"But why are you sending him a payment coupon that says he owes $2000 less?"

"Maybe that's for the woman. We don't send payment coupons. That's for a Foodstamp overpayment"

"Huh? What woman? My guy is a guy"

"My lien is what it says on the screen."

"Yeah, I got that, but I also have a payment coupon here from your agency saying my guy only owes "x" and my client has copious notes from her conversations with (names witheld) that says there are credits that were not applied to his account."

"We don't send payment coupons. That's from Foodstamps. I only care about cash assistance. Foodstamps is upstairs."

"But it says D.A.S. at the top. I can't settle this case until I know how much I need to send you guys. Are you telling me this information isn't coordinated at D.A.S?"

"I deal with cash. Foodstamps is upstairs. Maybe he got foodstamps when he wasn't eligible sometime."

"Well is that something I need to pay too or is that included in your figures?"

"I only deal with cash. Foodstamps is something else."

"BUT WHAT DO I OWE YOU? I HAVE TWO DIFFERENT NUMBERS? WHICH ONE IS CORRECT? THEY ARE BOTH COMING FROM YOUR AGENCY"

"I dont know what food stamps paid."

This conversation is surreal. If I sent a transcript to the Courant there would be a scandal!"

"I have a static screen."

"And I have a coupon with your Agency's name on it that says he only owes this much. Why cant you tell me why there is a discrepancy and what the actual amount I need to get you guys is? My client deserves an answer. I am legally responsible for dealing with this lien."

"I can pull the file. It will take a few weeks."

"But I'm trying to get this wrapped up now."

"Do you want me to pull his file? It will take two weeks."

Sigh....

Postscript: I called 4 other people today trying to make sense of this morass. As it turns out, the payment coupons come from DAS but are for Foodstamps. Even thought it is money that my guy owes, it is not part of the "lien" and not something I need to pay back.

Memo to Hon. M. Jodi Rell. It might be a good idea if the left hand at your agencies knew what the right hand was doing. D.A.S. is an important agency. Wouldn't it make sense to give them a computer system that actually allowed them to interface in a meaningful manner with their clients?

And a bit of customer service training wouldn't hurt either. If any of the people I dealt with at D.A.S worked for me and treated someone calling my office the way I was treated, they would be looking for a new job.

CRB Says, "No" To 31-312 lost time payments while on PPD

2009-01-27T21:33:00.000-08:00

In Dellarocco vs. Town of Old Saybrook, a Compensation Review Board opinion released January 27, 2009, the CRB has held that a claimant may not collect "lost time" payments pursuant to Section 31-312 while collecting permanent partial disability (PPD) benefits at the same time. This decision is squarely in line with the longstanding notion that one cannot "double dip" and collect two benefits for the same period of lost time.

Hopefully no one is surprised by this one.

Dislike Your Doctor? It Could be Worse

2009-01-26T19:51:00.001-08:00

Evidently, not unlike United States Senators, surgeons have taken to carpetbagging. For the record, I have not heard of this happening in Connecticut, however I cannot say that it hasnt occurred. Best advice: Stick with a well known and respected local physician, preferably one well versed in Connecticut worker's compensation law.

If your employer is denying you medical care, or access to a physician of your choice, contact our office for assistance.

Workers' Compensation: Iowa Joins Other States Not Adopting the AMA Guides 6th Edition

2009-01-26T19:48:00.000-08:00

Workers' Compensation: Iowa Joins Other States Not Adopting the AMA Guides 6th Edition

Know Your ALJ

2009-01-23T21:35:00.000-08:00

Social Security Administrative Law Judges are a unique breed. This website will allow you to check, by name of Judge, his or her productivity. Fascinating. Have Fun.

Denied Your Private Disability Insurance Claim? Read This!

2009-01-23T21:14:00.000-08:00

Oftentimes Employees are protected by a Long Term Disability Policy by their employer. A premium payment is taken out of their paycheck for this protection which is designed to pay the worker a weekly benefit should you be unable to work on account of an injury or illness after a certain period of time---typically 180 days. This LTD insurance, as it is called, is a separate and distinct benefit from worker's compensation coverage which is a statutory benefit.

One company offering such a plan is the Unum Insurance Company, also known as Unum Provident. Allegations have been made that Unum has been unilaterally and improperly denying LTD claims for employees thatr should be entitled to receive this this coverage.

If you have been injured or taken ill on the job and have a LTD policy offered by Unum or Unum Provident, and your claim has been denied, check out this website. When you talk to these folks, tell them I referred you.

In the meantime, if you have questions relating to Connecticut worker's compensation or personal injury claim, contact our office.

Rumour Fueled Assualt on Homosexual Co-Worker provides Lurid fact pattern but predictable result

2009-01-20T20:06:00.001-08:00

In a recently released decision, the CRB was called upon to determine whether or not the trial Commissioner had erred when he found that an assault on a homosexual restaurant worker by a fellow employee after- hours was not compensable within the language of the Connecticut Worker's Coimpensation Act. According to the reported facts in Hernandez v. Pizzaria 101 and Family, The claimant was attacked in a parking lot after work one evening by a fellow employee who had evidently heard a rumour that the Claimant was having a homosexual relationship with the attacker. The rumour reportedly got back to the attacker's hometown in Mexico, where the attacker's girlfriend got wind of it and was not surprisingly distressed.

Despite the vivid and somewhat intriguing fact pattern, the case really just stands for the axiomatic proposition in Connecticut worker's compensation law that assaults by co-worker's (no matter how intriguing the circumstances) and any other manner of workplace brawl or tomfoolery are not compensable under our Act.

If you are injured on the job in connecticut, feel free to call our offices for a free, no obligation assessment of your case.

Does He or Doesn't He?

2009-01-20T19:56:00.000-08:00

For many of us in the field of Connecticut worker's compensation law, a burning question is often whether or not an employer is insured for worker's compensation coverage. Now, thanks to the hard work of our Commission, and the miracles of technology, we need wonder no more.

On December 22nd, Connecticut rolled out it's online verification system. Now, it is a simple matter of entering your employer's name and the date you were injured to determine whether or not coverage was in effect to protect you.

If you have any questions about this, feel free to contact our offices.

FHA ANNOUNCES HOPE FOR HOMEOWNER'S

2008-12-18T19:11:00.000-08:00

The United States Department of Housing has announced its' new Hope For Homeowner's Program which which may help people in distress from home mortgages that are currently overwhelming them. Please contact me personally if you have concerns. I may be able to put you in touch with some Connecticut lenders partipating in this program and perhaps find a way to save your home. Now wouldnt that be a nice holiday gift!

Details on the program can be found here.

Being a Lawyer is "A punishing Way To Make A Living"

2008-12-10T21:12:00.000-08:00

Norm's article struck me on so many levels. I paste it below verbatim for your reading.

Unsettling Phone Call From Panicky Client

By NORM PATTIS

I admire those lawyers who give out telephone numbers at which they can be reached both day and night. Me, I am unavailable after 7 p.m. There are no exceptions. This is a punishing way to make a living. Come sundown, I want to curl up with a good book, and then get some sleep.

So I was stunned the other night when my cell phone rang at the ungodly hour of 9 p.m. I worried that one of our three children was in trouble. I knew my wife wasn't calling; she lay beside me.

“Who could that be?" I asked, fumbling for the phone. Just a few weeks earlier, I had changed my cell phone number. Too many people had it. And too many were calling at all hours asking questions that demanded, in their view, immediate answers.

I knew this caller. She is a recent immigrant to the United States, just naturalized as a citizen. She and her husband are good people. They work hard, and hope sometime soon to start a family of their own.

She was frantic. The police had been to their home, a note from her husband said. He went to the station to talk to them. When she called the police station, officers said her husband was busy and could not talk. This had trouble written all over it.

I placed a call to the detective bureau.

“Yeah, he's here,” a surly sounding voice grumbled.

“I am his lawyer, and I want to talk to him.”

“He's busy right now. I'll pass that along,” the voice said.

“No,” I told him, “you'll do more than that. You will stop interviewing him now.” My wife put down the thriller she was reading, and was looking at me. This was real life. No need to turn a page to watch this.

I'm not sure what the cop said next, but I recall some bluster of mine that went like this: “It's now 9:10. The interview is over. If I find out it continued, I'll be wearing your badge next Halloween. Got it?”

A half hour later I still had not heard from the husband. I called the station back. A sergeant got on the phone. He apologized for Officer Charm, and I reciprocated: We both copped attitudes, I said.

The husband was to be charged with sexual assault on a minor. A warrant was about to be served. An interview had stopped an hour or so before I called. I wondered what pretext they used to hold the husband as the warrant was sought.

Not long afterward, he was arrested. His bond set at $150,000.

His wife went to pieces on the phone. At 10 p.m. I hear shrieks and sobbing. “What am I going to do? Help me, please help me.” I try to explain what a bond is, but I am not getting through. And then words that strike me like ice water. “But they are torturing him, I know it. You have to get him out of there.”

I am cynical about law enforcement. It is a product of 15 years litigating police misconduct cases. But the days of the rubber hose are long since past. I am not at all worried about this man's will being broken by violence.

But she is from South America. I try to imagine what assumptions she brings to a late-night detention at the police station. She wants to go to the station herself, to make her presence known, to be a witness against the state should they do violence to her man. I marvel at this response. Somehow, were my wife told in the dead of night I had been arrested for sexually assaulting a minor, I suspect I might need a jailer's bars for protection.

I had trouble getting to sleep. I know all the challenges this young family now faces. And I cannot shake the sound of desperate sobbing. When sleep comes, I am grateful for the measure of peace my wife and I share. It is fragile.

Norm Pattis is a criminal defense lawyer and civil rights attorney in Bethany.

19 traits of successful lawyers

2008-11-03T21:21:00.000-08:00

These are taken, verbatim froma young lawyer's blog. I am in this place where I really want my firm to grow and be the best that we can be. I offer these up, as much for me as for you:

Never be satisfied with your level of development; always try to better than you were before.
Avoid comfortable situations. Do things even if you don’t like them, because you know they’re important.
Set goals. Don’t just feel you SHOULD do something, but rather that you MUST do it.
Don’t blame others. Resolve problems. Any setback is an obstacle that must be overcome.
Take risks. But take them with wisdom. Don’t take risks without planning. Evaluate and proceed with confidence and without fear.
Have vision. Develop the ability to foresee in your mind the results you want even before you start with your plan. Learn to see the beginning from the end.
Don’t be a slave to work. Make time to rejuvenate yourself, so you can be more productive.
Learn to handle yourself well under pressure. No one can have confidence in an individual who is always nervous and pressured.
Be objective. Don’t take failures personally.
Understand the nature of energy. If you apply sufficient force to a goal, progress will be made.
Learn to nurture. Build up and nurture others. Always leave things better than how you found them.
Become sociable. Enjoy being with others.
Become self disciplined. Don’t let habits, desires and failures control you, rather learn to control yourself.
Be courageous.
Have FAITH in yourself. Don’t doubt. Demonstrate your faith with actions and works.
Live in the present. Don’t live with yesterday’s laurels nor with tomorrow’s aspirations. Do your best NOW.
Forget about past errors. Don’t base today’s decisions on yesterday’s mistakes. Hope and live for today’s success and in the future.
Be quick to forgive, forget, and to keep going with on with life. This applies as much to yourself as with others.
Learn to stand on the shoulders of predecessors. Build on what others have done. Don’t destroy what others have done just advance your own agenda.

Wait time statistics For Hartford Social Security Cases

2008-10-31T08:03:00.000-07:00

NOSSCR reports the most recent processing time for hearings before an ALJ in Hartford is 375 days. That is 17th best in the Nation. To put things in perspective, the shortest wait time is in Houston at 283 days, and the longest is Chicago at 712 days---close to two years.

Jim Pomeranz This Year's Pomeranz-O'Brien Award Recipient

2008-10-28T20:05:00.000-07:00

Attorney James L. Pomeranz of Glasonbury's Pomeranz Drayton and Stabnick was the recipient of this year's Pomeranz O'Brien Award given by the Worker's Compensation Section of the Connecticut Bar to a member for their outstanding contributions to the field of worker's compensation law. The award was presnted to a standing ovation by those of us attending tonight's Worker's Compensation Section dinner meeting.

The award is named after Jim's father, the late Edward Pomeranz (for whom my own dad worked, many years ago) and the late Ed O'Brien, Sr., a great practitioner in the field of worker's compensation who also served the State as a Compensation Commissioner for many years before his death.

I have known Jim for 21 years in my practice of worker's compensation and can think of no finer recipient for this award. Jim has always been a true gentleman and scholar in my dealings with him, both as a friend and as an adversary. He is a rare breed in the practice of law today---a man who can be taken at his word.

My heartfelt congratulations to "Jimmy P" for this well deserved honor. Jim, you do the bar, and especially those of us practicing in the realm of worker's compensation law proud

2008-10-07T21:44:00.001-07:00

Fifth Time in 6 Years

2008-09-24T21:22:00.000-07:00

http://boston.redsox.mlb.com/news/gameday_recap.jsp?ymd=20080923&content_id=3533813&vkey=recap&fext=.jsp&c_id=bos

CT Worker's Comp Commission Mandates Electronic First Reports Effective 2009

2008-09-24T21:19:00.000-07:00

The Text of Commissioner Mastropietro's Memorandum reads as follows:

WCC Electronic Filing of First Reports of Injury Memorandum - September 17, 2008

MEMORANDUM NO. 2008-03

TO:	Commissioners, District Administrators, Self-Insureds, Insurance Carriers, Attorneys, Unions, Legal Advisory Panel and Advisory Board Members
FROM:	John A. Mastropietro, Chairman
DATE:	September 17, 2008
RE:	Electronic Filing of First Reports of Injury Mandated

Effective January 1, 2009 the Workers' Compensation Commission is instituting a policy that all First Reports of Injury filed pursuant to § 31-316 must be transmitted electronically to the Chairman's Office.

Prior to the effective date of the above policy, the Workers' Compensation Commission has accepted both electronic and hard copy submissions of First Reports of Injury. However, recognizing that business communications are now largely accomplished through electronic transfers, the Workers' Compensation Commission is mandating that First Reports of Injury be filed electronically with the Chairman's office. We believe this step will help reduce costs and will expedite the forwarding of information that may be necessary for claims processing. This will also allow us to better meet the mandate of Public Act 08-03, the new statute requiring notification of claim filing information.

Access to web based filing is an available alternative for low volume submitters.

In the event you have any questions or concerns, please feel free to contact this office.

Costs Increase Approved For certain WC Claim case exoenses

2008-09-21T20:18:00.000-07:00

WCC Revised Professional Guide Memorandum - September 17, 2008

MEMORANDUM NO. 2008-05

TO:	Commissioners, District Administrators, Workers' Compensation Advisory Board, Legal Advisory Panel, Medical Advisory Panel, Medical Practitioners, Self-Insureds, Insurance Carriers, Attorneys, and Unions
FROM:	John A. Mastropietro, Chairman
DATE:	September 17, 2008
RE:	REVISED Professional Guide for Attorneys, Physicians and Other Health Care Practitioners; Guidelines for Cooperation

By memorandum dated September 27, 2002, the Workers' Compensation Commission adopted and issued the Professional Guide for Attorneys, Physicians and Other Health Care Practitioners; Guidelines for Cooperation.

The following revisions to the guidelines are effective October 1, 2008:

Where appropriate, photocopy charges for physicians will increase to 65 cents per page;
Deposition fees will increase to $500 per hour;
Fees for Formal Hearing Testimony for the Treating Physician will increase to $550 per hour;
Fees for Formal Hearing Testimony for the Employer/Respondent's Examiner will increase to $650 per hour.

THESE ARE COSTS THAT YOUR LAWYER INCURS IN REPRESENTING YOU IN A WC CASE. IT IS REASONABLE TO ASSUME THESE INCREASED COSTS WILL BE PASSED ON TO THE CLIENTS.

For your convenience, copies may be downloaded from (the Connecticut WCC) website at:

http://wcc.state.ct.us/download/acrobat/proguide.pdf

Changes made Eliminating Revisions to medicare set-Asides

2008-09-10T06:17:00.000-07:00

AttorneyAngelo Sevarino, the "Medicare Guru" for those of us in the field of WC law, has advised the Connewcticut Bar Association Worker's Compensation Section menbership of the following important update regarding Medicare set-asides.

"CMS has just released memorandum #11 dated August 25, 2008 and effective immediately it is no longer possible to petition CMS for a reduction or termination of an established set-aside. Previously we had the ability after 5 years to have CMS take a "second look" but that option is now" no longer available.

As always, if you think this change applies to your situation, feel free to contact the office.

Breaking: Connecticut District Court Judge Holds Portions of New Bankruptcy Law Unconstitutional

2008-09-09T21:11:00.000-07:00

In a significant decision, a Connecticut Federal District Judge has ruled that portions of the revised Bankruptcy Act implemented in 2005 are unconstitutional. Specifically, Judge Christopher Droney has ruled that the requirement that attorneys designate themselves as "Debt Relief Agencies" is an unconstitutional restriction on the right of free speech.

The Bankruptcy Act provides that as attorneys, we are what Congress called "Debt Relief" agencies, and accordingly, we had to include the statement: "we have been designated by Congress as a 'Debt Relief Agency. We help people obtain relief from their debts through the use of the United States Bankruptcy Code." I have always thought this to be a bit of insanity codified, but that's just my Libertarian streak.

In Connecticut, at least, I have been proven correct.

In other parts of the Opinion, Judge Droney does rule that other portions of the revised Bankruptcy Act are Constitutional so it is not a total victory but at least it is a foot in the door.

The name of the case is Connecticut Bar Association, et al vs. United States of America. If anyone is interested, please contact me and I can forward them a copy of the decision at no charge.

Course And Scope Honored By Lexis Nexis

2008-09-08T20:59:00.000-07:00

We have been advised by Lexis Nexis, the preeminent legal ranking firm that publishes Martindale- Hubbel, that Course and Scope has been designated as one of the top 25 Worker's Compensation Blogs the United States for 2008. Whoo hoo!

Medical Treatment: CRB Affirms Employer's Responsibility For Cardiac Evaluation Bills After Chest Injury

2008-09-08T20:33:00.000-07:00

In March of 2005, Claimant Edit Pue sustained injuries while working to her shoulder, breast bone and rib cage. Her case was accepted by her employer as compensable.

Two weeks later, after experiencing chest pains, the Claimant presented to the Emergency Room where, hearing a complaint of chest pain, the ER docs set her up for a full cardiac evaluation---good medicine.

Sadly, the WC carrier did not see it that way and refused to pay the bills for this and several subsequent ER evaluations for chest pain.

At trial, the Commissioner ordered the respondents to pay for these bills. Thereafter the Employer appealed to our Compensation Review Board.

The CRB decision, released on August 22nd holds:

the fact that the medical personnel at (the ER) referred the claimant for a cardiac diagnostic work-up supports an inference that the referral was reasonable medical treatment. Such action was consistent with accepted medical procedures in instances where a patient complains of chest and left arm pain and should satisfy the statute’s requirements as to what constitutes reasonable and necessary medical treatment. That inference is further buttressed by the opinion of the respondents’ examiner, Dr. Edward Staub, indicating that when a patient complains of chest pain the proper medical protocol is to rule out a heart condition. See Findings, ¶¶ 33, 34, and X, Y, FF, GG. The claimant’s complaint of pain in her chest and related body parts was the causal impetus for the claimant’s visit to the ER. Those complaints were ultimately diagnosed as a medical condition causally related to her March 1, 2005 injury. It therefore logically follows that diagnostic testing consistent with established medical procedures to determine what was the source of claimant’s pain constitutes reasonable and necessary medical care.

Hooray for the CRB on this one, as this is a more frequent than you might expect scenario. The complete decision can be read here.

I've been a Bad, Bad Blogger

2008-09-08T20:30:00.000-07:00

So Sorry to have been gone so long. I have been plagued over the past 45 days with unwanted health issues and a long overdue vacation. Between the two I have barely had enough time to keep myself above water never mind blog. Oh well. Back to it now!

Long Term Claimant Myopia

2008-07-30T21:29:00.000-07:00

Claimants, Respondents and Commissioners should read this . This is the view of a good percentage of long term WC Claimants. This is not a healthy view, IMHO. This is a view of someone that does not understand the distinction between a legal case and getting on with ones' life.

2008 Worker's Comp laws Posted To Internet

2008-07-30T21:10:00.000-07:00

The Worker's Comp Commission has provided a link that summarizes the new Connecticut worker's compensation laws that were passed by the General Assembly this past session. If you have any questions about these new laws or how they may affect your claim, feel free to call me for a free no obligation discussion of the present status of your claim.

Social Security Processing Times

2008-07-22T21:02:00.000-07:00

The Spring Edition of Nosscr's Social Security Forum reports that the Hartford District Social Security Office ranks 29th in the nation with an average processing time of 386 days. New Haven is in 26th place at 383 days.

Harrisburg, PA ranks 1st at 296 days and Atlanta comes in last at number 146 with an average time of 838 days. Yikes!

Ever get that Sinking Feeling?

2008-07-19T21:19:00.000-07:00

Pitfalls and Pratfalls: Supremes Opinion Addresses Fall on Icy Sidewalk

2008-07-19T21:00:00.000-07:00

In a good number of instances, a municipality will be liable to you for injuries you may sustain in a slip and fall on ice or snow on one of that town's sidewalks. Some towns, however, avoid that liability by enacting an ordinance that shifts the responsibility for maintaining the sidewalk from the town to the abutting landowner.

In Rivers V. New Britain our Supreme Court addresses the question: What if the adjacent landowner is the State of Connecticut which is immune from suit under the doctrine of sovereign immunity.

The answer, as anyone who has played "rock, paper scissors" may have guessed, is that in such an instance, the State is not liable even if the town has passed a liability shifting ordinance.

The Court held that if the State of Connecticut is the abutting landowner, then the municipality remains liable for upkeep of the adjacent sidewalk and they would be the proper party to bring the claim against.

The intricasies of personal injury law are a good reason to remember that if you sustain injuries as the result of another's negligence, it is crucial that you speak with an experienced injury attorney as soon as possible.

I would be happy to discuss your matter without cost or obligation at any time.