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Automobile Collisions / Workers' Compensation

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March 2017 Archives

Work-related Degenerative Disc Disease Surgery

Injured workers with degenerative disc disease tend to gradually improve over time. Most do not need surgery. Some studies indicate only one to three percent of patients with degenerative disc problems typically require surgery. Doctors prefer to try nonsurgical treatment for a minimum of three months before considering surgery. If, after this period, nonsurgical treatment hasn't improved symptoms, the doctor may recommend surgery. The main types of surgery for degenerative disc problems include:

Workers Rights Laws Under Attack in 2017 Budget Bill

Gov. Walker's 2017 budget hurts workers rights laws in that it seeks to eliminate the Wisconsin workers compensation Labor and Industry Review Commission (LIRC). LIRC is the appeal board that reviews decisions of administrative law judges in workers compensation hearings.

Wisconsin Roundup non-Hodgkin lymphoma Cases

Around the country including Wisconsin Roundup cancer cases are drawing the attention of the legal and medical communities. McCormick Law Office has teamed up with a nationally recognized legal leader in Monsanto litigation to investigate legal claims for persons diagnosed with non-Hodgkin lymphoma as a result of exposure to Roundup and recover damages for the injured and survivors.

Work-related Degenerative Disc Disease Treatment

Degenerative disc disease treatment for an injured worker is nonsurgical and surgical. Almost all people over a certain age have some degree of degenerative disc disease. The question we are concerned with is whether an employee with a physical job has had his or her DDD aggravated or accelerated by their physical job duties at work over a period of time. If so, then they have a workers compensation claim. This is a medical and legal question which an experienced workers compensation attorney can help determine.

Workers Comp Independent Medical Examination

In Wisconsin an independent medical examination of the injured worker can be requested by an employer or its workers compensation insurance company after the employee makes a workers compensation claim. There can be more than one exam but generally only once IME doctor for each claimed body part injured. Wis. Stat. Sec. 102.13(1). The travel to an IME appointment is usually limited to 100 miles and the insurance company must provide transportation or reimburse for mileage. Wis. Stat. Sec. 102.13(4). They must also pay TTD for any lost wages as a result of the IME appointment. The injured worker and his or her attorney should view IME appointments carefully. Insurance companies do have the injured claimants followed to and from the appointment to record on video how the injured worker is moving around and to verify that they can sit in a car for certain lengths of time, especially if the treating doctor has limited sitting or driving restrictions in place.

What Insurance Covers an Ice Slip and Fall?

An ice slip and fall at a residence is generally going to be covered by the owner's homeowners insurance policy. Homeowner's insurance is a combination of several types of property and liability insurance coverage purchased by the property owner to protect against risks that arise within and around the home, including dangerous conditions like ice on a sidewalk.

How is Work Related Degenerative Disc Disease Diagnosed?

Degenerative disc disease in injured workers is only diagnosed after the worker goes to a doctor because symptoms have gotten to the point where he or she cannot deal with them on their own anymore. This point is likely years after the degenerative process has been slowly developing. Its important to recall that we all have degenerative disc disease to one degree or another. Our focus here is the employee who has a physical job in which his or her job duties have contributed to the acceleration of the degeneration.

Is Homeowner Responsible for Ice Slip and Fall on Sidewalk

In a Wisconsin slip and fall on ice, a homeowner may be liable for a fall on ice on his or her sidewalk, depending on the circumstances. The rule is the homeowner must act with ordinary or reasonable care. Under Wisconsin common law ordinary negligence as codified in JI 8020, actual or constructive notice is required as highlighted below:

Work-Related Degenerative Disc Disease Symptoms and Diagnosis?

Degenerative disc disease symptoms often include pain in the center of the low back as often the first symptom. Injured employees may notice this in the morning before going to work and then in the evening after work. It can starts to affect workers in their twenties or thirties, but is most common in the fifties or sixties. Pain tends to worsen after heavy physical activity or staying in one posture for a long time. The back may also begin to feel stiff. Resting the back eases pain. At first, symptoms only last a few days.

Are My Future Medical Bills Covered in Car Accident Settlement

Yes, future medical bills should be factored into a car accident settlement. In any personal injury action future medical expenses for doctor, hospital and related expenses are recoverable if reasonably and necessarily incurred in the treatment of the injury from the accident.

Is Degenerative Disc Disease Work Related?

Yes, degenerative disc disease can be work-related or caused by job duties over time. It is very important that the injured worker explain to every doctor or therapist he or she sees the type of physical job duties required of them. The intervertebral discs in the lower spine are commonly blamed for low back pain. Yet low back pain has many possible causes, and doctors aren't always certain why symptoms occur. IME doctors like to pass off degenerative disc disease as age related, ignoring that DDD can be caused by job duties too.

Independent Contractor or Employee under Workers Comp

Most questions surround the so-called independent contractor, as employers try to avoid the benefits, insurance and tax obligations attendant to having employees. The press is full of stories about Uber or Airbnb, but there are countless other examples involving millions of workers around the country in all sorts of industries from retail to food service to technology or legal services. Under Wis. Stats. Sec. 102.07(8)(b) a person is an employee unless all the elements apply:

Is Car Insurance Required in Wisconsin?

In Wisconsin, car insurance is required of all Wisconsin drivers, or in limited situations, other security that could be a surety bond, personal funds, or certificate of self-insurance when operating a motor vehicle in Wisconsin to pay for damages such as medical bills, wage loss, pain and suffering.

Workers Compensation TENS Unit cont.

A TENS unit for workers compensation cervical or lumbar injured workers produces an electrical impulse that can be adjusted for pulse, frequency, and intensity. The exact mechanism by which it works to reduce or even eliminate pain is still unknown. It is possible there are several different ways TENS works. For example, TENS may inhibit (block) pain pathways or increase of the secretion of the pain reducing substances (endorphins, serotonin) in the CNS.

Workers Compensation TENS Unit

Injured workers may be prescribed a TENS unit to help with their neck pain. Neck (cervical spine) pain due to musculoskeletal disorders, is the second largest cause of time off work - low back pain being first. It is generally worse in the morning and evening. The most commonly prescribed intervention is rest and analgesics, and often a referral to physical therapy. Among the rehabilitation intervention treatments for neck pain is the transcutaneous electrical nerve stimulation (TENS) unit.

Mason and Bricklayer Workers Comp Injury

A mason and bricklayer is a craftsman who lays stones, cinder blocks and bricks in construction of building, walls and other structures. A mason who lays bricks may be called a bricklayer. Workers compensation low back and neck injuries are very common with masons and bricklayers for obvious reasons. The heavy, repetitive hard work job duties result in herniated lumbar discs and cervical discs.

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