Jodi Ginsberg's Georgia Workers' Compensation Blog
This is a video from a TV news report in Michigan but the issues raised are the same as what we face here in Georgia. Workers’ compensation insurance companies frequently send claimants to “independent” medical examinations that result in bogus diagnoses and unconscionable claim denials.
I wrote about this issue on this blog back in February – this video clip shows the human tragedy that can occur when a claimant gets railroaded.
Many of the folks I speak with about work injury claims are, quite reasonably, concerned about their jobs. Steady, well-paying jobs are hard to find and reporting an on-the-job injury could have negative consequences for your employment.
If you experience a relatively minor injury, you should not have much of a problem – minor muscle strains or bruises usually respond to ice and a day or two of rest, and then you can return to work without any issues. In most of these cases, the posted panel doc’s treatment will be sufficient. Our experience has been that employers recognize that bumps and bruises are part of almost any job and your employment will not be at risk if you access the posted panel doctor and the workers’ compensation system.
Problems often occur when your injury is more than a minor strain. Or perhaps you have had a series of minor and not so minor bumps and bruises that have resulted in several visits to the workers’ compensation clinic and more than a few days of missed work. In cases where your employer decides that you are injury prone or that your minor injury really isn’t so minor, your job may be in jeopardy. [Read more…] about Seriously Injured Workers Likely to be Fired
In my Georgia workers’ compensation law practice I interact with dozens of insurance companies each week and I frequently find that claims adjusters take a very short sighted approach towards medical treatment for back injuries.
At least half of the clients I represent are suffering from some form of back injury. Low back pain (often disc herniations at L5/S1) is the most common problem I see but I also represent clients with damage to the spine at all regions: cervical, lumbar, sacral and thoracic.
Regardless of where the injury is localized, a common argument I have with insurance adjusters has to do with the need for fast treatment.
Despite dozens of research studies which show that fast diagnosis and treatment of any type of back injury results in faster and more complete recovery, I almost always find that insurance companies work to limit access to care and slow down the course of treatment.
Even in cases where an MRI shows a herniated disc that will require surgery, I inevitably find myself fighting to get the insurance company to agree to a surgeon, authorize surgery, approve post-surgical physical therapy or agree to pay for even short term prescriptions for beds, home modifications or even medications. [Read more…] about Delay in Treatment of Your Back Pain May be Hazardous to Your Health
You might think that if your employer is paying weekly benefits and has paid for medical care, you are not likely to have any significant disputes in your work injury case. As the case I am about to discuss shows, however, challenges from the insurance company may be right around the corner.
The case I want to highlight is not one of my cases. The decision in this case is part of the public record in that it is published on the web site of the Georgia State Board of Workers’ Compensation. I bring this case to your attention for several reasons:
The case I am discussing was decided in 2013 in south Georgia. Because State Board files are confidential, neither the name of the claimant nor the name of the employer is disclosed. Here is a link to the written decision.
The employee is a female who worked as the manager of a restaurant. In December, 2006 the employee hurt herself and developed neck pain which radiated into both hands and lower back pain that radiated into both legs. The employer accepted the claim and began paying her TTD (weekly wage) benefits. The employer also paid for medical care that include surgery on her cervical spine and surgery on her lumbar spine. [Read more…] about How Insurance Companies Try to Cut You Off
I want to talk with you today about rotator cuff injuries and the importance of both proper medical care and appropriate rehabilitation and followup.
In many respects the right kind of rehabilitation and follow-up medical care can make the difference between a return to full function and long term (and sometimes permanent) restriction of movement, stiffness and pain.
Recently I received a call from a prospective client who tore her right rotator cuff and underwent surgery, but was seeking legal advice because she sensed, correctly, that her workers’ comp doctor was not providing appropriate follow-up 1.
The prospective client told me that she hurt herself attempting to move a heavy box over her head and that shortly thereafter her right shoulder became painful, swollen and weak. The industrial clinic doctor was unable to do much (other than waste a couple of weeks) and she was referred to a local orthopedist for consultation. [Read more…] about Unrepresented Claimant with Rotator Cuff Injury Denied Necessary Rehab