Peak Vista Community Health

There are many people who truly cannot afford a doctor or medical care and seem to have run out of options. Whether injured or infirm or old if you are truly poor there is one great resource to turn to for medical help. They do not take everybody but try over at Peak Vista Community Health. I have always felt they provide quality care so this option is worth a try. My only problem which other attorneys have also commented on to me is that they do not fill out paperwork that can help someone qualify for other benefits like Social Security disability. I suspect this is because they are loaded with basic care cases and believe they have to use their time wisely. I disagree since when someone does get other benefits they may also obtain medicare or similar medical benefits. This benefits everyone. I am sure Peak Vista only can do so much but I admire what they try to do. The local newspaper commented today on this agency and how it too needs help from us.
Peak Vista

Announcing Twins!!!

Just a special message of a personal nature. Identical twins were born to my daughter and husband recently. Both are doing fine and remind us that birth and life go on so we should enjoy our family and loved one's despite all our concerns about injury and disability. Our children teach us what life is all about.

Delays Cause Poverty in Social Security

Here is a link which again reminds us that delays cause impoverishment. This is especially true in Social Security claims because a claimant believes he can no longer work anywhere and yet must wait months or years for benefits. In workers comp there also are delays but nothing like Social Security cases. What amazes me is that with Social Security disability the benefits are far less then what a worker can earn if he is able to work. A good paycheck and company benefits can be substantially more then disability benefits. Many who apply are not looking for a windfall and yet must wait and wait and wait. The average wait for a hearing is well over a year and further appeals can mean years before benefits are granted to a deserving claimant.

Delays

Here is the latest Division newsletter

From time to time the Colorado Division of Workers Compensation puts out a newsletter which it calls "All About Claims" and the link below is to the latest one just published. Each newsletter covers specific areas of interest so don't expect it to cover everything or "all" about workers comp. This issue covers changing from one designated doctor to another and does try to clarify the topic which comes from a new statute passed this year.
Newsletter

When is a Final Admission not Final...the Leewaye case

This case is interesting and was just decided by the Colorado Court of Appeals. The facts are that there were two Final Admissions filed by the insurer. A Final Admission requires action by a claimant within 30 days or it appears too late to object or seek relief from what the insurer has stated in the Final Admission. In my field this means we always act within the 30 days or the claimant may be in peril of being unable to disagree with a Final Admission if it was properly sent to the claimant. Here the insurer decided to issue a second Final Admission to correct a minor matter. The claimant missed the first deadline so the insurer argued as to that first Final Admission matters were closed. The Court however decided to indicate that when a second Final Admission is filed within those 30 days set by the first admission then the 30 days runs from the second Final Admission. By that result the claimant was timely. My view is more simplistic in viewing any Final Admission as starting the 30 day deadline regardless of how many are issued. My concern is about objecting to the first one and the insurer deciding to file two or three more with minor changes. Must a claimant object to each? I would but an unrepresented claimant may be fooled by such a tactic. Anyway below is the link to the case issued November 29, 2007. The case does point out how technical and deadline oriented workers comp can be.
Here is the case.

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.