Moore- Workers Comp suicide case(s)

Moore (name of the deceased) is actually two cases. One was decided and unpublished a while ago and the second just decided on Nov. 15, 2007. This involves a sad situation. The claimant who worked at Western Forge had an injury but then received a Notice of Contest which disputes the claim. This led to his suicide along with his lack of income. For more of the facts visit the link below. It appears his estate sought workers comp death benefits and lost the case all the way up to the Colorado Court of Appeals. Then the estate sued the insurer for bad faith and abuse of process leading to the claimants death. I gather the contest was not appropriate but nonetheless the estate lost this case too. The reasoning appears to be that a suicide is just too far removed from the contest to blame the insurer legally. Seems to me that contested cases are common nowadays and certainly stressful so depression should be a realistic consequence to contesting a case. If depression (which is an illness) leads to death then it is a consequence of the contest and also from the injury. Common sense should tell us that it is all related. While suicide is an extreme act of depression it still is what happened and flows from the injury. If we say that the physical damage from a typical injury is all covered no matter how much then so should the mental damage. Nonetheless the decision is there to read.

Read the case here.

Surveillance Videos

Many times in a workers comp claim the claimant is surveilled and videotaped. It is not usually illegal to videotape someone out in public view. It is then shown to a doctor and even to the Judge. Of course such videotaping never shows the claimant going in to his residence and having to lay down. It never shows someone struggling to get up in the morning. It also can be edited to show activities not in line with what the doctors are saying. In one recent appealed case the claimant was seeking permanent total disability benefits and there were doctors who examined him along with vocational experts on each side to provide opinions on his employability. He lost his case for this in great part I am sure to a videotape that showed him more functional then how he presented to the doctor. When the doctor says 10 pounds lifting and you lift 30 lbs you are out of line with your doctor and setting up to lose or greatly reduce your benefits. I've seen surveillance of claimants in retail stores, outside walking the dogs, gardening, washing the car and lifting and carrying boxes. If you violate what your doctors say are your restrictions then don't complain when it's revealed to all. Saying you had to do it or were medicated at the time does not alter the situation. Saying it was painful and afterwards you laid down is still not very good. Videotaping happens in many cases and can take place at any time or multiple times. Imagine the shock to your doctor or lawyer when this is shown to them. Imagine what goes through the Judge's mind when he sees a claimant gardening but saying he can't work. There really is no good excuse for exceeding your restrictions medically or legally.

VA Disability...another problem!

Here is a link to a story on disabled soldiers. What it brings home to me is that the issue of disability is one of injury that can be followed by disputes and denials of claims. Any sort of disability or injury denial or dispute is often a shock to the injured person. Most of us just want to be treated with fairness and when it does not happen are stressed by a system that can seem cold blooded. When systems for determining disability are too slow and filled with technicalities they do not provide that fairness we all expect. Publicity about this helps by showing how terrible it is and perhaps then change can come.
http://www.cnn.com/2007/HEALTH/11/15/wounded.marine/index.html

Just a note on SS Judges and funding woes

This link just again emphasizes that the lack of funding or perhaps lack of wisdom contributes to the delays in Social Security cases. Here a Judge suggests that adding some Judges to the system but without adequate support staff is not smart. Judges can't handle all the paperwork by themselves they need a sufficient staff.
http://socsecnews.blogspot.com/2007/11/bernoski-letter-quoted-in-baltimore-sun.html

Veterans Day

THANK YOU TO ALL VETERANS! I am grateful for your sacrifice for this country.

Social Security Disability....the LONG wait!

Here is another article, this one at the AARP website which comments on the delays in Social Security Disability matters. I also looked at that website at what people are saying about it on the message board or forum on the issue. This is a national problem and part of the blame is with underfunding of the hearing process. Many times in a workers comp case we also look into Social Security disability especially when it may be difficult or impossible to return to any work after an injury. Having to wait so long just for a hearing is astounding.
http://www.aarp.org/bulletin/socialsec/sick_of_waiting.html

Who are the Workers Comp Hearing Judges?

In Colorado there are only so many hearing Judges. The current Judges are indicated in the provided link. This also reminds me to let you know that hearings when needed must comply with the rules for filing and scheduling. This means that unless resolved in some other way when you need a hearing it means obtaining a date several weeks out (over two months). Expecting a quick hearing is unrealistic and a violation of the procedural rules. Each side has a right to due process.That means fair notice of the hearing and the opportunity to review and prepare for it. When witnesses are involved each side wants to know what is going to be presented to a judge. This means each is provided the time to get ready permitted by the rules and law. There are what are called expedited hearings but these are restricted and uncommon. If a case is contested and we need a hearing it simply takes time to comply with the rules and get ready for the hearing. That can mean tough times for a claimant in some cases. In other cases the time works to the advantage of the claimant so it depends on the issues.
http://www.colorado.gov/dpa/oac/div_judges.htm