Posts

The Dangers Associated with Swing Sets: Head Injuries to Children

50,000 children a year go to the emergency room with injuries sustained on playground equipment: that is 137 children per day. This statistic does not include children that only go to a doctor or treat their lesser injuries at home. US hospital emergency rooms reported from October 2000 to September 2001 that 8,250 children under the age of 2 (two) were injured […]

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Hospital Accreditation Standards on Epidemic of Falls in Hospitals

The Hospital Accreditation Standards (HAS) organization reports that according to the U.S. Agency for Healthcare Research and Quality each year 700,000 to 1 million falls occur in hospitals by patients, and the HAS organization has published very thoughtful introspective guides on how to improve the hospital environment for patients and visitors to significantly reduce the number of falls. Yet it appears that the vast […]

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Disability and the 24 Month Medicare Waiting Period

One of the key benefits of getting on Social Security Disability (SSD, also known as SSDI) is the access to Medicare before the age of 65. Unfortunately, Congress has long imposed a two year waiting period on the disabled who are under the age of 65 before they can qualify. Of course if you are receiving SSI, you should qualify […]

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Is It Necessary To Participate In Vocational Rehabilitation For Worker’s Compensation?

Social Security Found Me Disabled, Do I Really Have to Participate in Vocational Rehabilitation for Worker’s Compensation? The question seems to imply the answer: if Social Security already found you disabled, there is no reason why vocational rehabilitation should be necessary for your worker’s compensation claim. After all, you’ve already been found disabled by the Federal Government. Unfortunately, it isn’t […]

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Shortcomings of the Department of Labor and Industries

Did you know if you are injured on the job such that you cannot shop or feed yourself, whether due to paralysis or other injury, you will not get help from the Department of Labor and Industries without fighting in court? During a recent pro-bono case it was learned that the Department refused to provide basic average daily living services […]

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Injustice for Chronic Regional Pain Syndrome Victim

Calbom & Schwab just finished a Board of Industrial Insurance Appeals case on the topic of Chronic Regional Pain Syndrome (CRPS). The Department of Labor and Industries (Department) medical examiner concluded that while he, the medical examiner, clearly believed the worker suffered from intolerable pain due to CRPS, and that the injured worker had a large impairment rating (approximately 60%), he […]

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Time loss Calculations – Worker’s Compensation

An area of contention that frequently arises between an injured worker and the Department of Labor and industries, or a self-insured employer, has to do with how their time loss benefits are calculated. A statute declares that time loss is to be based upon the worker’s wages or earnings at the time of their industrial injury. Another statute, in defining […]

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Social Security Disability and Diabetes

When it comes to evaluating disability for persons who have diabetes, either Type I or Type II, Social Security regulations have undergone significant changes in the last 10 years. For many years, the Social Security Administration had a specific “listing of impairment” that included diabetes mellitus. However, about 10 years ago they dropped diabetes from their listings of impairments and […]

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Mediation of Appeals at Board of Industrial Insurance Appeals

Whenever someone files an appeal from an order entered by the Department of Labor and Industries, the appeal is filed with the Board of Industrial Insurance Appeals. In its process of handling the appeals, the Board of Industrial Insurance Appeals will assign a judge to act as a “mediator”. As a mediator, the judge has no power to decide the […]

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