Is This a Noteworthy Blog? Seems Like it...

Well aside from the LexisNexis award we received it looks like another blog called us noteworthy. It is always nice to receive a compliment. It's funny but we started this blog as a way just to post my comments and provide news of interest to others. It has been fun and sometimes challenging to do so and it does appear that it is educating its readers. I realize it is written from the perspective of the disabled or injured worker. I have found many to be exceptional people placed in difficult circumstances and often treated as no longer worthy. They can be terminated, contested, disputed and mistreated. They are often hurting physically, emotionally and financially. They are stuck in what can seem to be a nightmare but most truly just want to be fairly treated. They are often portrayed as fakers and money grubbers when all they seek are what they may be legally entitled to receive. Are there some that are out of line...of course and the same applies to the other side. There are always bad apples out there in anything.

Court of Appeals Rules in Snook case Feb 5, 2009

Snook was an independent contractor and sole proprietor who was hired by a subcontractor working on residential homes for Joyce Homes in the Highlands Ranch area of Denver. He was hurt on some scaffolding and sued Joyce Homes for negligence. Snook was supposed to have workers compensation insurance but did not. Joyce Home said it was a statutory employer under the workers comp act and as such its exposure was limited to $15000.00 The appellate court agreed that the point of this statutory employer law is to encourage you to obtain workers compensation insurance when you are a independent contractor. Thus when you don't have it you are limited to $15000.00. Snook tried all the arguments such as it is too low a figure to be stuck with and that it is a denial of due process and more. All the arguments failed. The lesson here is to always have workers comp insurance even if you are a small business if you want to be safe. If not your claim for injury, no matter how valid, may be limited no matter how serious your injury. The workers comp law is designed to protect employees and not independent contractors who really should have insurance because liability is limited to $15000.00. Unfortunately some small businesses in construction try to get by and save money on workers comp insurance. Often they are one man operations and in many ways are like employees but this is the way construction works. The plaintiff may seek to appeal this to the Colorado Supreme Court. Of all his arguments the one that strikes me as sad is that any claim he has is limited to $15000.00. That amount was placed in the law over 20 years ago and you have to wonder if it is so outdated and low that it is now unacceptable. In any event the case is here. One additional point...the Treasury Department is concerned about misclassifying workers as independent contractors to save money as noted here.

Attorneys Fees in Social Security a new cap figure

Historically attorneys fees in Social Security cases are 25% of back due benefits but most attorneys also agree to cap or limit the figure by using an approved form when submitting the fee agreement to the Social Security agency. Then the agency just disburses to the attorney and the client based on the fee agreement. Thereafter the claimant receives a full Social Security disability check or direct deposit as the attorney has been paid for obtaining or helping to obtain the benefits. Since most claimants also receive or are soon eligible to receive medicare or medicaid and no fee is due for that the contingency fee is an excellent way for those who do desire legal help to get that help without concern for paying for legal services until and unless they receive benefits. Of course no one must hire a lawyer and you can do it yourself to save that fee but it's not that easy. The new cap figure effective later this year is $6000.00 which means the fee is 25% but no more then $6000.00 and it will be less if your back benefits are under $24000.00. Back benefits due depends on the date your disability benefits should have begun and your wage record. If, for example, your back benefits total $10000.00 then the attorneys fee will be $2500.00. The agency computes the figures based on what I've noted above. Given that over your lifetime you can receive substantial dollar benefits and medical benefits the cap figure is a very small amount of those potentially lifetime benefits. Some complain about the contingency fee arrangement in these types of cases but it is the only way most people obtain high quality legal help at no charge unless they are successful. Try that with a surgeon or car mechanic!

Settlements New Rule 7-2

Effective February 1, 2009 all workers compensation settlements are to use a standardized document. This is set forth in Rule 7-2 noted here. This means that every settlement agreement will use the same language although there are differences depending on whether you are represented by an attorney or are representing yourself (called "pro se"). Also the Division has also provided a new Routing sheet which has to be provided as a cover sheet for the documents to be sent to a Judge for his or her signature and the issuance of an order. If you have an attorney he will take care of all this along with the insurance company and its attorney. If you do not have an attorney you will be provided all this by the insurance company and/or its attorney and you will need to have a Pre-Hearing Judge approve it but only after a proceeding is held where you are advised by the Judge. The standardized documents make it easier to speed the settlement process. In the past each insurer or insurer attorney had its own forms and some were more complicated then others. Now it is all uniform except for certain situations which are allowed for by the standard forms.

Community Resources

The link I am providing is to a directory of some 39 pages of resources available in the community. While developed for families it has a great listing of numerous community resources in the El Paso County area for anyone. It is in adobe or pdf format so it can be printed out but it may load slowly. My point in doing this is to provide a list with phone numbers for those who are financially stressed or needing assistance but have no idea where to turn. Look it over by clicking here.

Scheduled Injuries the latest way to figure benefits

Anyone who hurts their arm, leg, hand, foot at work is often shocked to learn that in Colorado there is a separate way to figure their permanent impairment benefits. So unless it can be considered a whole person injury by a judge or it results in a possible claim for permanent total disability Colorado law says it is paid by using the "schedule" for the injury. The problem is that these injuries are treated as not as important so they are paid lower benefits. At least that is how Colorado law makes it out. It is ironic but some people lose their trade and have a horrific drop in earning ability but insurers pay following the schedule. Roughly for every one percent of your arm or leg that you are permanently impaired means $500 for you. So ten percent of your arm is about $5000.00. You can figure this out yourself by looking at the chart here. You multiply the doctors rating by the number of weeks in the chart by the amount shown based on your date of injury. I assure you if your entire arm were to be amputated or useless the permanent benefit would be under $52000.00. Again there are exceptions. Also much more can be considered in a settlement but insurers relish the low payouts. I've said this before...Colorado should abolish this terrible way of calculating a permanent injury. Imagine a carpenter who can no longer grasp a hammer and do his job. His earnings loss over his lifetime could be enormous even if he goes to work in another field. Or, consider the fellow who plays a musical instrument and makes good money but loses his trade because of the work injury. The problem with the schedule is that it completely disregards your pre-injury earnings and pays a flat amount even when you lose your trade/occupation. I can say if the injury affects both arms or hands or both legs we do seek to make it a bigger case whenever possible. There are variables where even a small injury can mean a major claim but this is not true for everyone. In contrast if you hurt your back it can mean much higher benefits because the permanent figures do use your wage rate and your age. These variables often make the calculation much higher.

Social Security Administrative Law Judge History

Each judge in the Social Security disability system has a track record. These records are maintained by the Social Security Administration but were only recently opened to public viewing. The link right here is to the site that deserves much credit for forcing the records to be open for anyone. If you know the name of your judge you can type it in and find out his decision making percentages for the last 3 years. Of course these are but statistics but I have researched a few of the local Judges. Judge Ball issues favorable decisions at the hearing stage 62% of the time, Judge Maddigan 68%, Judge Musseman 48% and Judge Shaffer 70%. What it does suggest is that seeking a hearing after you have been denied can give you a decent chance for a fair decision. These Judges do not just approve the denials so many receive.