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Automobile Collisions / Workers' Compensation

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October 2016 Archives

Workers Compensation Spondylolysis Anatomy

Spondylolysis happens when a crack forms in the bony ring on the back of the spinal column. Most commonly, this occurs in the low back. In this condition, the bone that protects the spinal cord fractures as a result of excessive or repeated strain. The area affected is called the pars interarticularis, so doctors sometimes refer to this condition as a pars defect.

Workers Comp Low Back Pain Options

Low back pain is a constant companion for many workers compensation injured workers with a serious low back or lumbar injury. Neurogenic or mechanical lumbar, or cervical, pain too often become a problem for injured workers. In general, pain is the primary reason 75 percent of patients seek emergency treatment in hospitals and urgent care centers.

Equipment Operator Workers Compensation Injury

Equipment operator workers compensation injuries can occur in single traumatic accident on the job site or from job duties over the years. Construction equipment operators drive, operate, and control the heavy machinery used to construct roads, bridges, buildings, and other structures.

Speeding Causes Accidents

In Wisconsin speeding is often the cause of accidents. The Milwaukee Journal Sentinel reported on 9/23/16 that "In the 12 months following Wisconsin's switch to 70 mph on interstate highways starting in June 2015, fatalities rose 37% on the interstate, injuries increased by 11% and the total number of accidents rose 12%. In that time 10 more people died, 208 more were injured and 1,057 more accidents were reported than the previous 12 months on interstate roads."

Workers Comp Lumbar Degenerative Disc Disease Surgery Rehab

Lumbar degenerative disc disease rehabilitation in worker's compensation cases can be divided as nonsurgical and following surgery. This post discusses rehabilitation after surgery. DDD can be aggravated by an on the job accident or DDD can be caused by job duties over time. Accordingly, any rehabilitation plan should take into account the nature of the job duties and what precipitated the aggravation of DDD to the point where medical care was necessary. The goal is for the injured worker to return to work a quickly and safely as possible.

Workers Rights Laws Opt Out Results

Workers rights laws in the nature of workers' compensation protect both workers and employers across the country for over 100 years. As noted, Texas is the only state with an opt out option. Recently there was a case that shows what can happen to an employer when it is not protected by the workers' compensation exclusive remedy provision.

Workers Comp Lumbar Degenerative Disc Disease Rehab

Lumbar degenerative disc disease rehabilitation can be divided as nonsurgical and following surgery. DDD can be aggravated by an on the job accident or DDD can be caused by job duties over time. Accordingly, any rehabilitation plan should take into account the nature of the job duties and what precipitated the aggravation of DDD to the point where medical care was necessary.

Workers Rights Laws Opt Out

Workers rights laws including workers' compensation laws were passed to provide a relatively quick and sure remedy for employees hurt on job in the innovative but dangerous employment conditions wrought by the industrial revolution. Employees did not have to prove negligence, just causation. In return, this grand bargain immunized employers from tort liability to employees in almost all contexts. In addition, while worker's compensation benefits offered medical treatment the wage replacement benefits are limited and there is no noneconomic or pain and suffering compensation.

Wisconsin Pedestrian Right of Way Uncontrolled Intersection

Wisconsin pedestrian right of way accidents do occur in uncontrolled intersections. There are specific rules fact dependent on the situation. This post examines the traffic rules involving pedestrians at uncontrolled intersections or crosswalks.

Workers Comp Lumbar Degenerative Disc Disease Fusion Surgery

Lumbar degenerative disc disease diagnosis fusion surgery for an injured worker is usually a last resort after a trial of conservative treatment options. Fusion surgery joins two or more bones into one solid bone. This prevents the bones and joints from moving. The procedure is sometimes done with a discectomy. Mechanical pain is eased because the fusion holds the moving parts steady, so they can't cause irritation and inflammation. The main types of fusion for degenerative disc problems include anterior lumbar interbody fusion, posterior lumbar fusion and combined fusion. DDD can be aggravated by an on the job accident or DDD can be caused by job duties over time. Expert medical opinion is necessary to prove degenerative disc disease is work-related.

Workers Comp Lumbar Degenerative Disc Disease Surgery I

Lumbar degenerative disc disease diagnosis surgery for an injured worker is usually a last resort after a trial of conservative treatment options. Studies show people with degenerative disc problems tend to gradually improve over time, provided they do not engage in the activities that aggravate or contribute to the DDD in the first place. Most do not need surgery. In fact, only one to three percent of patients with degenerative disc problems typically require surgery.

Wisconsin Workers Compensation History

Workers Compensation started in 1911, when Wisconsin became the first state in the nation to pass a broad, constitutionally valid worker's compensation law. In finding the workers' compensation act constitutional, Wisconsin Supreme Court Chief Justice Winslow explained the motivation behind the law:

Workers Comp Lumbar Degenerative Disc Disease Treatment

Lumbar degenerative disc disease diagnosis treatment begins with conservative, nonsurgical measures. Whenever possible, doctors prefer treatment other than surgery. The first goal of nonsurgical treatment is to ease pain and other symptoms so the patient can resume normal activities as soon as possible. This may include a return to work light duty with work restrictions to protect the low back.

Workers Comp Choice of Treating Doctor

Unlike in some states, choice of treating doctor in Wisconsin workers compensation claims is up to the injured worker, not the employer or insurance company. Years ago an employer was permitted to have a panel of doctors in the area that the injured employee had to choose from. Wis. Stats. Secs. 102.42(2) and (3) have since been amended, and the panel of every employer now includes every practitioner "licensed to practice and practicing in the state." Also, an injured worker is entitled to one second choice. However, keep in mind that any health care provider your first choice refers you to that doctor and all subsequent referrals from that source are within your first choice. So is an injured worker is assiduous about getting referrals, his choices are virtually unlimited. Without a tree of referrals, a third choice or choice of an out-of-state practitioner, can be had but only with the employer's consent. Wis. Stat. ยง 102.42(2). Partners and clinics count as one practitioner as well. If a Wisconsin physician refers an employee out of state for medical treatment, the employee need not obtain permission from his or her employer before undergoing the out-of-state treatment. UFE Inc. v. LIRC, 193 Wis. 2d 361, 534 N.W.2d 627 (Ct. App. 1995). The Wisconsin Court of Appeals has held that, under section 102.42 , "an employee 'chooses' a practitioner by seeking treatment from that practitioner and by seeking reimbursement for that practitioner's expenses." Hermax Carpet Marts v. LIRC, 220 Wis. 2d 611, 623 , 583 N.W.2d 662 (Ct. App. 1998) . Thus, a worker who sought treatment from four different practitioners but only sought reimbursement for the charges of the first and fourth practitioners did not exceed his choice of physicians under section 102.42.

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