Posts

I Was Awarded Social Security Disability – How Far Back Will the Social Security Administration Pay?

If you applied for Social Security Disability and you were awarded these benefits either directly from the Social Security Administration or after an appeal, then you may receive a retroactive payment of benefits in addition to ongoing benefits. These retroactive benefits are often referred to as “past due benefits.” When an individual first applies for Social Security Disability, one of […]

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Wrongful Termination/Discrimination and the Industrial Insurance Act

If you are injured on the job, you may be protected against either wrongful termination or discriminatory practices by your employer. Washington State is an “at will” state, which means in simple terms that an employer can terminate you for any reason, and you can quit for any reason. However, there are still legal protections for workers who are injured […]

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Social Security Offset of Worker’s Compensation

In Washington State, RCW 51.32.220 allows for the offset of two types of monetary benefits if an individual receives payments for Social Security Disability. Those two state benefits are temporary total disability and permanent total disability, colloquially known as time loss and pension. Notice that the statute does not permit the state to reduce awards for permanent partial disability, colloquially […]

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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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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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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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Understanding Worker’s Compensation Appeals

So the Department of Labor and Industries (Department) has issued an order that is unfavorable to you and you disagree with that decision. What happens next? Whether you are represented or not, it is helpful to understand the process. Whether your employer at the time of your injury was self-insured, or not, it is the Department which is charged with […]

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Option 1 and Option 2 Vocational Plans

If you’ve suffered an on-the-job injury and not able to return to any work you’ve done in the last 15 years, you may be entitled to vocational rehabilitation benefits. If you are determined to be in need of vocational retraining, a vocational counselor will be assigned to you to assist you in choosing a retraining plan. Once a plan is […]

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Liability Waivers in Washington Personal Injury Cases

If you or your children have ever participated in activities such as organized sports or fun-runs, attended a motocross or racing event, or even perhaps ridden carnival rides, it’s likely you signed a liability waiver. The basic idea of the waiver is to release one party from all liability related to its services, including negligent acts, if something does in […]

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