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

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

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

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

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

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

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

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