Ventura Personal Injury Lawyer - Compensation

Managing Workman’s Compensation Claims in a Recession: A Growing Challenge

James Cool — Tue, 24 Feb 2009 15:35:33 GMT

With economic woes taking the forefront in most news reports and conversations at the dinner table, it is no surprise that workman’s compensation claims have risen in correlation with layoffs. Some workers may attempt to remain on leave from a position and continue to collect worker’s compensation rather than return to an uncertain, and economically impacted, workplace. Others that have been laid off have filed claims afterward, seeking to use workman’s compensation as a way to make the ends meet after being laid off. There is some concern among employers and managerial staff that workers may attempt to draw out workman’s compensation claims when jobs have been downsized or might be eliminated. This growing challenge for employers and managers was supported by February’s job reports, which indicated an increase in claims.

The current recession is the longest one in 16 years – with unemployment rates being reported around 7.6%. About 600,000 jobs were lost in January alone. In a time where employers are concerned about staying afloat, many of them fail to realize that they may face increased liability for compensation claims as a result of the market’s condition.

State Division of Workers’ Compensation spokeswoman Patricia Ortiz-Wong said claims for workers’ comp have steadily declined in the past eight years, from 931,710 in 2001 to 553,770 in 2008. That trend is not expected to continue in the face of the current recession. Figures from the state also show that the number of claims climbed dramatically from 738,311 in 2000 to 931,710 in 2001, another recessionary period. One claims manager, Mary Anne Hernandez from Pan American Insurance Agency, Inc., predicted that claims and risk managers would see claims go “through the roof.” But other risk managers, such as Dave Dolnick from Brady Cos, a La Mesa Construction Company, was certain that most employees would resolve their claims as soon as medically possible. However, there are legitimate concerns about the extension of worker’s compensation claims. “What we have observed, both somewhat with our own [limited] claims and also in chatting with ... peers, is that claims that are otherwise legitimate become much more difficult to resolve in this kind of a market, when the injured worker doesn’t have the option of a job to go back to,” Dolnick said.

New and reopened claims can be especially problematic to assess given these circumstances – even when the claim is legitimate and not solely the result of fear of job loss, downsizing, or a shaky market. This means that claims and risk managers are bound to be more vigilant than in more prosperous times. Businesses may reevaluate and extend their own insurance coverage, but it is more likely that businesses may revise and revisit job descriptions. Risk and claims managers may also be notified to require additional documentation and approach claims with increased skepticism. All of this means a harder road towards coverage for those with legitimate claims. If you have had a claim recently, it may be helpful to consult an attorney. Additionally, you may want to review and keep on hand a current copy of your job description, especially if you’ve heard that your employer is considering changes.

Originally posted at InjuryBoard by James Cool

Man Fired After Workers' Comp Claim According to Lawsuit

Shannon Weidemann — Sun, 30 Mar 2008 19:22:18 GMT

A man has filed a lawsuit in West Virginia after he claims he was fired after he filed a Workers' Compensation claim. He was injured in a truck accident while working for Catenary Coal Company. The accident happened in June 2007. The company claims he was fired for drug use.

In August 2007, two months after his accident, Bishop was randomly drug tested, which came back positive with reports of hydrocodone and oxycodone. As a result of the test, Bishop was fired.
According to the suit, Bishop provided a second urine screening and hair sample testing, which rebutted the accuracy of the first test, but the company refused to reconsider their decision to fire him.

The man is seeking compensation for loss of benefits, emotional distress, and legal expenses. There is no specific dollar amount asked for in the lawsuit. The company had no comment on the lawsuit.

Originally posted at InjuryBoard by Shannon Weidemann

California Workers' Comp Rates Will Not Change

Shannon Weidemann — Wed, 26 Mar 2008 19:06:11 GMT

An advisory committee has ruled that Workers' Compensation rates in California do not need to be changed mid-year. The Workers' Compensation Insurance Ratings Bureau is set to meet next in August to discuss rates for 2009. Rates are evaluated twice a year and findings are submitted to the state's Insurance Commissioner.

Mid-year filings usually are "limited to instances of major changes in loss experience, legislation or regulation," the Rating Bureau said in a news release. Insurers' year-end loss experience for their California operations "suggests a modest increase of as much as 4.2 percent" is warranted. But the Rating Bureau will continue to track insurers' experience, and wait to propose any change to take effect starting Jan. 1.

Insurance companies are not bound by the insurance commissioner but often listen to the recommendations of the advisory committee in setting rates. The committee is based out of San Francisco.

Originally posted at InjuryBoard by Shannon Weidemann

Carmichael Man Charged With Workers' Comp Fraud

Shannon Weidemann — Thu, 20 Mar 2008 07:39:33 GMT

A Carmichael man is being charged with workers' compensation fraud after collecting over $150,000 from the state of California. He was a worker at the Preston Youth Correctional Facility and claims he was assaulted by an inmate there. He claims his injuries were so severe he could not work.

The following day, Bourdaniotis allegedly took and passed the Department of Real Estate's salesperson examination, which had a 63 percent failure rate on that day, according to the release.
All this came while Bourdaniotis allegedly claimed his injuries were so debilitating that he "could not follow the plot of a TV program," the release said.
In later months, investigators found that Bourdaniotis got a state contractor's license while still on disability, the release said.

The man has been charged with six counts of felony workers' compensation fraud. He faces up to 30 years in prison if convicted.

Originally posted at InjuryBoard by Shannon Weidemann