This is an amazing look at the Workers’ Comp system in Texas and it’s penchant for repeat delays and denials. The article, from the ABA, details decades of changes in the state system that made it almost impossible for claimants to receive representation. It’s a long story but well worth the read. As Deputy Sheriff [...]
Art Stevens is set to receive The Doug Swanson Workers’ Compensation Award, which is awarded by the Oregon Trial Lawyers Association at their annual Convention. For two decades Stevens has tirelessly represented hundreds of injured and disabled Oregonians whose claims have been denied or improperly processed by a well-funded insurance industry. Born in Idaho, Stevens [...]
Injured workers who found themselves without a remedy when their work injury claims were denied were given another option when the Oregon Supreme Court issued its opinion in Smothers v. Gresham Transfer, Inc.(1) in May 2001. Terry Smothers filed an “occupational disease” claim for a lung disorder developed after exposure to fumes and mist containing [...]
Your patient suffered an injury on the job. The injury is an accepted Workers’ Compensation claim. The workers’ comp insurance carrier (“the insurer”) has been paying your bills. Now, you think your patient needs surgery. The surgery is not needed as an emergency measure to preserve life, function or health, but you believe surgery will [...]
This is the third in our series reviewing basic medical-legal aspects of our legal specialties. The focus of this edition is Oregon Workers’ Compensation law. Issues frequently arising in Workers’ Compensation disputes include “preexisting conditions” and “major cause.” The bulk of Volume 27 of our Medical-Legal Journal is devoted to sorting out the various applications [...]
If your patient has a work-related injury or an occupational disease, it is important for you to understand the current definition of “pre-existing condition.” This requires an understanding of a number of key terms used in workers’ compensation cases. The revised definition of “pre-existing condition” became effective January 1, 2002. Even though it has been [...]
This firm represents hundreds of injured workers a year. After 10 or 15 years, certain patterns emerge. One particularly conspicuous pattern is that of the worker with a low back injury. We hope this overview of how such a work injury claim unfolds will be helpful to our readers, especially those who may become involved [...]
Workers’ Compensation claims involving injuries on or after January 1, 2002, have been subject to changes in the law, including a new definition of “pre-existing condition.” Generally, a “preexisting condition” is a medical condition which a worker had prior to a claimed work injury or occupational disease, and which contributed to it. The definition is [...]
Injured workers who found themselves without a remedy when their work injury claims were denied were given another option when the Oregon Supreme Court issued its opinion in Smothers v. Gresham Transfer, Inc.1 in May 2001. Terry Smothers filed an “occupational disease” claim for a lung disorder developed after exposure to fumes and mist containing [...]
Your patient suffered an injury on the job. The injury is an accepted Workers’ Compensation claim. The comp insurance carrier (“the insurer”) has been paying your bills. Now, you think your patient needs surgery. Although not needed as an emergency measure to preserve life, function or health, you believe surgery is required to help your [...]
