Wednesday, July 30, 2008

Long Term Claimant Myopia

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

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.

Tuesday, July 22, 2008

Social Security Processing Times

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!

Saturday, July 19, 2008

Ever get that Sinking Feeling?

Pitfalls and Pratfalls: Supremes Opinion Addresses Fall on Icy Sidewalk

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.

Tuesday, July 15, 2008

Landlords! Avoid Those Pesky PlumbingProblems

Those of us who rent property live in fear of the dreaded 1AM call: "my toilet is overflowing and wont flush."

With this handy form from the LPA, you can can tell your tenant that it's their problem and to call their own plumber in the morning.

Harsh? Maybe.
Effective? Dunno.

Give it a try and let me know how you make out.

New Fee Guidelines Take Effect

The Connecticut Worker's Compensation Commission has announced that a new version of the Practitioner Fee Schedule will go into effect for all medical services rendered after July 15, 2008. The WCC memorandum may be read in it's entirety here.

The Guidelines is an important thing for WCC claimaints to keep in mind, especially those who have left the State and are looking for medical treatment. The Guidelines establish, as a matter of law, how much a physician may charge an insurer for a given procedure in a CT worker's comp case.

Say, for example, you have moved to Florida and need a spinal fusion. Your surgeon in Florida says he will do it, but will charge you $15,000.00 That may be what you will pay, but in terms of valuing it for settlement, if the Fee Guidelines allow only $5000 for a spinal fusion, that is how the Respondent will value it, no matter what your Florida doc says it will cost. Unfair? Maybe, but that is why it is wise to consult with an experienced WC lawyer before deciding to leave the State with an open and potentially active WC matter.

Wednesday, July 9, 2008

Questionable Chiropracter's Reports and Bills Admissable, Supreme Court Holds

On July 15th the Connecticut Supreme Court will release it's decision in the Case of Rhode vs. Milla.

The Rhode case is a claim for personal injuries stemming from a rear end collision which occured in 2002 in Darien. The Plaintiff sustained injuries in the crash and sought treatment with a chiropractor in Fairfield County who was under criminal investigation for his questionable billing practices. At his deposition, taken by Milla's attorney in the personal injury case, the chiropractor asserted his 5th Amendmendment right against self-incrimination as a response to many of the defense lawyer's questions.

At trial, the Plaintiff introduced the reports and bills of the chiropracter over the Defendant's objection. The jury went on to decide the case where a verdict in the princely amount of #10,000.

In a questionable move, the Defendant appealed the decison which appeal ultimately wound up at the Connecticut Supreme Court. The Supremes have ruled that even though the Chiro took the 5th to many of of the questions posed to him, his reports and bills could still come into evidence on behalf of the Plaintiff.

In my opinion, this is a very good result. Just because the chiropractor is under criminal investigation, that does not mean that his bills or treatment given to any particular patient are any more or less suspect than those of any other chiropractor.
In this case, the chiropractor had not been found guilty of anything when he began treating the

Tuesday, July 1, 2008

Tuck Fampa

Kudos to my pals at Surviving Grady for this gem of a photo from tonight's game at The Trop. These are clearly not your father's Tampa Bay Devil Rays.