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June 2016 Archives

What is Negligent Driving

In  Wisconsin negligent driving is a lack of ordinary care under the circumstances. It is a violation of what a reasonable person would do under the circumstances. The standard of care may rise or fall based on the circumstances. Rain or snow or ice may increase the standard of care such that even going the lawful speed limit is negligent because a reasonable person would have slowed down in a driving rain.

Cannot Return to Work After Thoracic Herniated Disc

If you cannot return to work after a thoracic herniated disc, there are worker's compensation benefits in Wisconsin if the injury is work-related. Before a doctor assigns any permanent work restrictions, an injured worker should participate in a rehabilitation program in order to return to work at his or her former job.

What is a Work-Related Injury

To be work-related, an injury must occur while the employee is "performing service growing out of and incidental to his or her employment," Wis. Stat. § 102.03(1)(c)1., or, as more commonly phrased, while the employee is in the course of his or her employment. The employee, not the injury, must be in the course of the employment. The Wisconsin Supreme Court favored a liberal construction of this statute so most employees at work are covered. Brienen v. Public Serv. Co., 166 Wis. 24 (1917).

Car Accident Negligence

In Wisconsin negligence car accident cases, the injured person's contributory or comparative negligence functions as the key factor between accident causation responsibility and recovering money damages for injuries. After they jury or judge decides factual liability questions about how much each driver contributed to the accident and how much the damages are, then comparative negligence rules and principles are applied to those findings to determine whether a claimant is entitled to recover from a particular person and, if so, the amount of that recovery. The comparative negligence rules affect all types of damages for conduct that is caused by negligence.

Workers Comp Thoracic Herniated Disc Surgery

A thoracic herniated disc in some injured workers on workers compensation may require surgery. If workers compensation is denied by an IME doctor, our office may represent the injured worker to get the thoracic herniated disc surgery covered by workers compensation and the temporary or permanent disability benefits paid to the injured worker.

Millwright Workers Compensation Injury

Millwright workers compensation claims include industrial machinery mechanics who disassemble machinery and equipment and repair or replace broken or malfunctioning components. Millwrights maintain machinery by performing tests and making adjustments to make sure that the machine is running smoothly. Industrial mechanics adjust and calibrate equipment and machinery to optimal specifications.

Workers Comp Thoracic Herniated Disc Treatment

When a Wisconsin injured worker suffers a thoracic herniated disc the first treatment is usually nonsurgical. The doctors closely monitor patients with symptoms from a thoracic disc herniation, even when the size of the herniation is small. If the disc starts to put pressure on the spinal cord or on the blood vessels going to the spinal cord, neurological symptoms can develop. In some of these cases, surgery is needed. However, unless your condition is affecting the spinal cord or is rapidly getting worse, most doctors will begin with nonsurgical treatment.

What is a Work Related Injury

A work related workers compensation injury entitles an injured worker to workers compensation benefits, if an employee sustains an injury, defined in section 102.01(2)(c) as "mental or physical harm to an employee caused by accident or disease ... ." Some injuries caused by mental stress without trauma are excluded. An injury or condition is work-related if it was caused by a traumatic incident or accident at work or by job duties over time.

MVA Fault Calculation

In Wisconsin, for MVA fault calculation there is no MVA fault formula or computer program or law that says what percentage a driver's fault or responsibility is in an car accident. Wisconsin negligence law is called comparative negligence.

Workers Compensation Medical Treatment

In Wisconsin workers compensation medical treatment is unlimited for an injured workers medical, surgical, chiropractic, psychological, podiatric, dental, and hospital treatment "as may be reasonably required to cure and relieve from the effects of the injury." Wis. Stat. § 102.42(1). If the workers comp insurance company denies paying for medical treatment, usually saying through an independent medical examiner (IME), that the treatment is not work-related, then the injured employee must prove the treatment is necessary by expert medical testimony. Wisconsin Tel. Co. v. Industrial Comm'n, 263 Wis. 380 (1953).

Car Accident Expert Opinions

Car accident cases use expert opinions witnesses in several respects. An accident reconstruction expert may render an expert opinion on how the accident happened and in effect what caused the crash. The attorneys use this expert opinion to argue who is at fault. A medical doctor expert may give an opinion of several issues: namely, what injuries were caused by the collision, what treatment was reasonable and necessary for those injuries, is there a permanent injury and what future medical is needed to treat those accident related injuries. Finally, a vocational and/or economist expert may testify as to past and future loss of earning capacity. There could also be other types of experts needed depending on the specific facts of each case.

Workers Comp Thoracic Herniated Disc Diagnosis

Workers comp thoracic herniated disc diagnosis begins with a complete history and physical examination. It is very important at this stage for you to give and you doctor to write down a complete history of the traumatic accident that caused your thoracic herniated disc. If there is no single, traumatic accident, but you believe your job duties helped cause you back pain, its absolutely key that your explain to your doctor office what your physical job duties are and how they affect your back pain. Your doctor will ask questions about your symptoms and how your problem is affecting your daily activities. These include questions about where you feel pain, if you have numbness or weakness in your arms or legs, and if you are having any problems with bowel or bladder function. Your doctor will also want to know what positions or activities make your symptoms worse or better.

Wisconsin Boilermaker Workers Comp Claim

Wisconsin workers compensation covers a boilermaker hurt on the job. We see low back or lumbar injuries due to herniated or bulging discs resulting in spine surgery or fusion on a regular basis. The boilermaker workers compensation injury can come from a single traumatic incident like wrenching  on a tank or from job duties over time.

Car Accident Reconstruction

A car accident reconstruction is usually performed by an expert with experience in motor vehicle accident or collision reconstruction. These experts are often engineers who have advanced training in car crash investigation such as from the Northwestern University Center for Public Safety offers the most comprehensive program with courses beginning at basic crash investigation and culminating in various advanced crash reconstruction courses. Most are involve passenger vehicles or commercial trucks, but accidents involving ATVs, farm, or even industrial equipment, can be explained.

Workers Compensation Thoracic Herniated Disc

Wisconsin workers compensation thoracic herniated disc injuries are mainly caused by wear and tear in the disc. This wear and tear is known as degeneration. As a disc's annulus ages, it tends to crack and tear. These injuries are repaired with scar tissue. Over time the annulus weakens, and the nucleus like the center in a jelly donut may squeeze (herniate) through the damaged annulus. Spine degeneration is common in T11 and T12. T12 is where the thoracic and lumbar spine meet. This link is subject to forces from daily activity, such as bending and twisting, which lead to degeneration. Not surprisingly, most thoracic disc herniations occur in this area.

Workers Comp Appeal for Hearing

Appeal for a hearing is what the workers comp denial letter usually informs the injured worker in Wisconsin and it gives the address or telephone number of the State of Wisconsin DWD in Madison. It implies a simple process, but for most workers comp claims it is a complicated, expensive and time consuming legal procedure. First, the experienced attorney will collect the relevant medical records, then obtain the necessary medical opinions on causation and permanent injury if appropriate. Finally, the attorney files the evidence and requests a hearing. In a serious back injury or neck injury claim, this process may take about one year after the injured worker reaches an end of healing or a healing plateau. What happens at a workers compensation hearing in Wisconsin?

What is MVA Pain and Suffering

Car accident pain and suffering has always been difficult to define. Wisconsin jury instructions state: Pain, suffering, disability, and disfigurement includes any physical pain, worry, distress, embarrassment, and humiliation which the plaintiff has suffered in the past and is reasonably certain to suffer in the future. To what extent the injuries have impaired and will impair his or her ability to enjoy the normal activities, pleasures, and benefits of life.  Finally, consider the nature of plaintiff's injuries, the effect produced by plaintiff's injuries in the past, and the effect the injuries are reasonably certain to produce in the future bearing in mind plaintiff's age, prior mental and physical condition, and the probable duration of his or her life.

Thoracic Herniated Disc

Although relatively uncommon, thoracic herniated disc is a workers' compensation injury we see on a regular basis in our office. Often referred to as a slipped disc, the thoracic disc doesn't actually slip out of place. Rather, the term herniation means that the material in the center of the disc has squeezed out of the normal space. In the thoracic spine, this condition mostly affects people between 40 and 60 years old. In workers compensation we see herniated thoracic discs most often after a traumatic fall off a ladder or scaffold, but we have had serious cases involving motor vehicle collisions, blows from falling debris and being pinned between machinery.

Wisconsin Car Accident Burden of Proof

Car accident burden of proof refers to two legal notions: the burden of production, of going forward with evidence, and the burden of persuading the jury or judge that the alleged fact is true. Unless noted otherwise, we are discussing the burden of persuasion.

Workers Comp Cervical Radiculopathy Surgery

Most people with workers compensation cervical radiculopathy get better without surgery. In cases where people don't get relief with nonsurgical treatments they may require surgery. There are several types of surgery for cervical radiculopathy, including foraminotomy, discectomy and fusion.

Workers Comp Landscaper Job Injury

Landscaper job injuries are very common due to the physical and dangerous nature of the work landscapers perform. This blog also covers ground maintenance workers compensation injuries. The most common landscaping injury we see is the low back herniated disc which may lead to lumbar surgery.

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