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When the injured worker returned to work he was immediately fired...
Workers' Compensation: The IC ruled that the employer, who willingly paid the medical claim and workers comp for the employee's foot injury, must also pay for pain management because this injury aggravated the employee's pre-existing fibromyalgia and hypertension and was now considered a chronic condition. Although it is tough to win these claims we can usually do it if we the treating physician will agree that the pre-existing condition is worse now than it was and that this change is due to the worker's comp accident....
Workers' Compensation: The Industrial Commission denied the employee's claim for temporary partial disability compensation. The Commission ruled that the reduction in wages that our client received was because of problems with the company's workload due to the economy. It was determined that he didn't receive less pay because of his injury or from the less-paying job within the company that he had to take because of the injury....
Workers' Compensation: The NC Industrial Commission determined that the employer was required to pay our client's medical bills and also continue workers' compensation payments until our client could find a job with his limited physical capabilities. The employer was unable to find work for him at the company and he was fired, which was unacceptable, although it was explained by the employer as happening because of excessive absences....
Workers' Compensation: The North Carolina Industrial Commission threatened to hold CNA in contempt of court because they refused to authorize the medical tests which would prove that the plaintiff was unable to do his job. This was a classic example of an adjuster getting an opinion from a reliable doctor and then refusing any other evaluation which could help the injured worker....
Workers Compensation: The North Carolina Industrial Commission held that National Benefits Association had wrongfully denied this claim for more than a year...but only when the Industrial Commission finally heard all the evidence -- that the employer admitted that they knew the plaintiff was hurt, that they had sent him to a doctor but didn't follow his direction, and that there was no way our client could do his job with his severely-injured back....
Workers' Compensation: North Carolina Industrial Commission says Liberty Mutual must provide yardcare and housecleaning to an injured brickmason....
Workers' Compensation: North Carolina Industrial Commission rules that a restaurant dishwasher who slipped and fell, and was taken straight to an emergency room has proven that he was injured on the job....
Workers' Compensation: North Carolina Industrial Commission finds that Diebold and Broadspire MUST pay weekly benefits even after they fired the injured worker from her "light duty" job....
Workers' Compensation: North Carolina Industrial Commission rules against The Hartford Insurance Company and holds that a nurse who was still on her employer's property when she was hit by a car is within the course and scope of her employment and entitled to workers' compensation benefits....

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Personal Injury

9/20/2009
Eric Richardson
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Personal Injury Legal Team Welcomes Laurie Stegall

With nearly twenty years of legal experience, Laurie Stegall can handle many situations. Her intelligent, skillful pursuit of justice makes her a huge benefit to our firm and to our clients. As a lifelong resident of Greensboro, Laurie has joined the Oxner Thomas + Permar personal injury group at the Revolution Mills location.

Labels: Laurie Stegall

9/15/2009
Eric Richardson
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Uninsured / Underinsured Motorists Liability Coverage Bill

Senate Bill 749 has passed the House and Senate. It allows drivers to choose their auto insurance coverage amount, permitting them to go above the minimum limits that are now legally required. In that way, motorists can opt for more protection if they choose to, and the limits for anyone are still in place which will serve us all if we are involved in an accident.

Labels: SB 749 Senate Bill 749 underinsured motorist uninsured motorist

9/13/2009
Eric Richardson
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Personal Injury Team Wins Jury Verdict

Our client was traveling home from a friend's house just outside of downtown Greensboro and stopped at a red light. His car was hit from behind and totalled. He had no reported injuries at the scene, but after a night's sleep, he had back pain. He had chiropractic treatment and saw an orthopaedic physician but did not have an operable condition. So he was stuck with ongoing pain and medical bills of $6,700. The insurance company for the driver that hit him (who ironically refer to themselves as the "good hands people") felt that his injuries were worth a settement offer of $5,400, ... yes, $1,300 less than his actual medical bills. Zero for pain and suffering. Zero for lost wages. A Guilford county jury felt otherwise and awarded our client just over $32,000. By the time costs and prejudgment interest were added, "the good hands people" paid over $37,000 for their driver's negligence.

Labels: back pain jury verdict

8/24/2009
Eric Richardson
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Getting an outside appraisal for your damaged vehicle value

The recently ratified Motor Vehicle Property Damage bill (SB 660, to be effective October 1) gives the person who claims the damages on his/her vehicle the right to dispute vehicle value differences that may occur with the insurance company. Specifically, if the before and after vehicle value damage estimates differ between the two parties at more than $2,000 or 25% of the fair market retail value of the vehicle before the accident took place, then the claimant and insurance company may each get an outside appraiser involved to help reach an agreement. Your attorney can give you more details.

Labels: appraisal appraiser dispute motor vehicle property damage bill SB 660 Senate Bill 660 vehicle value

7/31/2009
Eric Richardson
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Update: Product Liability Bill

Great news! As an update to my blog a couple weeks ago, Senate Bill 882 Statute of Repose has passed with flying colors and will be effective on October 1 of this year. Until October 1, an injured person cannot seek recovery in a products liability case if the product that causes injury is over 6 years old. This new law extends that period to 12 years.

Labels: product liability SB882 statute of repose

7/29/2009
Eric Richardson
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Driving and Texting Can Kill You

Five states in our country now outlaw the use of hand-held cell phones while driving. There are 21 states that prohibit the use by new drivers (in NC it's under age 18) and a third of the states deny hand-held cell phones by school bus drivers (including NC). This information, as posted by the Governors Highway Safety Association, highlights the concern by law enforcement of cell phone and texting distractions. Click on this link to see the actual laws (or lack of) in every state.

All drivers are banned from text messaging in 14 states (NC included), with 10 of the states restricting new license holders from texting while driving. Crash data collection, from police reports and survivor and witness interviews, shows that driver distraction can greatly increase the risk of an accident.

In a study released this week by the Virginia Tech Transportation Institute, the dangers of driving a long-haul truck and texting were capitalized. There was a six times greater risk of a crash or near crash when the driver was texting or dialing a cell phone -- when his eyes were off of the road. Drivers were aware of video cameras and software in their trucks for these studies and the researchers could see the near-miss scenarios and actual accidents that occurred. To read more information about the study, click here.

As noted in one article, the ever-present "ping" of an incoming text or the ring of a cell phone can be difficult to ignore, but it may just save your life. Think about it. Focus on the road and don't be a multi-tasking overachiever.

Labels: cell phone Governors Highway Safety Association text messaging Virginia Tech Transportation Institute

7/21/2009
Eric Richardson
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Medical Malpractice Case Punishes the Whistleblowers

A recent medical malpractice case involving a doctor in Texas ended up getting the nurses who reported him fired from their jobs and facing possible prison sentences. It's been reported that the nurses sent patient medical records directly to the Texas Medical Board about the lack of care that the doctor's patients were receiving from him. They were not granted permission by the patients involved but they felt that the misconduct needed to be reported to the Board anonymously, and only patient record numbers were used.

The original complaint which involved a concern for patient safety has turned against the very people who were trying to right a wrong. This case shows how difficult it can be to succeed with a malpractice case against a physician. The tactics used by the defense attorneys will make anyone second guess whether or not a wrongdoing should be reported, and that's just not right.

Labels: medical malpractice whistleblower

7/16/2009
Eric Richardson
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Product Liability Bill News

The House Commerce Committee has passed Senate Bill 882 Statute of Repose (Product Liability) which extends the statute of repose for damages caused by defective products from six years to 12 years (from date of product purchase). A statute of repose is an end point for pursuing a claim. Generally speaking, an injured party is barred from seeking recovery in a products liability case if the product that causes injury is over 6 years old. This new law, if passed, would extend that period to 12 years.

The statute of repose is different from a statute of limitation, which, in North Carolina, states that an injury victim has 3 years from the date of injury to pursue a claim (or 2 years if the injury causes death). Regardless of when the injury occurs, if the product is over 6 years old (or 12 years under the proposed legislation) then you cannot pursue the product liability claim. Understanding the interplay between the statute of repose and the statute of limitations can be difficult. We encourage you to seek legal advice in sorting them out.

The bill will now go to the House Judiciary Committee for approval. Hopefully it will become law later this year, and we will keep you updated.

Labels: house commerce committee house judiciary committee product liability recovery SB882 senate bill 882 statute of limitations statute of repose

6/29/2009
Eric Richardson
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Uninsured Motorist Coverage Should Be Extended

Setting the scene: Let's say you're driving down the road and another vehicle crosses over the yellow line, swerves into your lane and is about to hit you. As you try to avoid getting hit by the other car, you turn your wheel hard to the right and go off the road and into a tree. Your car is totaled and you have injuries. The other car never hit you and sped away. The at-fault driver's identity is never discovered. Fortunately, a witness traveling behind you saw the whole thing happen and stops to give you assistance.

How do you recover? The at-fault driver's insurance is unavailble because it's unknown. If you have uninsured coverage, the insurance company won't pay the claim because North Carolina law requires, in a "hit and run," that there be some physical contact from the at-fault vehicle in order for you to recover. The current law is protecting insurance companies from paying claims for single car accidents caused by the driver. But in the case of having a witness to verify the events, the proposed law would allow the described accident to be treated as a "hit and run."

We at Oxner Thomas + Permar feel that Uninsured Motorist Coverage should include coverage for the injured person and his or her vehicle any time the victim can prove that another person caused the accident (with a witness, video coverage from a nearby business, etc.)

Labels: uninsured motorist coverage

6/25/2009
Eric Richardson
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Why are injury victims expected to wait so long for a recovery?

It has become customary for liability insurance companies to "delay and pay" claims of injury victims in North Carolina. Normally, when a person is injured in an automobile or other accident he or she must wait until the very end of the case to receive compensation from the negligent party's insurance company. When legitimate questions of liability occur, it's understandable that the insurance company will not pay a claim without more information or proof of negligence. However, what about the clear liability cases? Even these cases can go on for more than a year. In the meantime, the injured party is expected to carry on the payment of everyday bills and expenses. How can an injury victim who is unable to work make ends meet? And what if the injured party does not have personal health insurance or medical disability coverage and so their doctor and hospital bills fall behind for payment, or, what's worse, the injured person simply doesn't go to the doctor and get the needed treatment because there's no money to pay upfront. Many doctors refuse to treat patients without insurance, hoping for payment later when and if a settlement occurs.

Who in the legislative system can right this wrong? It is not a law that the insurance company must wait until the end of the case to start payment. In clear liability cases, the insurance company normally settles the property damage portion of the case very quickly so they are accepting liability and fault on behalf of their insured. But the injury proceeds rarely come forth so quickly. The insurance company wants to make one payment, in exchange for a complete release, to settle the case. And because of that position, injury victims must wait until they are sure they are finished with treatment before considering a settlement. It is merely the insurance company's decision to wait and wait and wait to pay for lost wages and medical expenses until one global settlement is reached or until they are legally required by a court to do so. Unfortuately, this can set up the injured person for a catastrophic situation where he or she gets so desperate that the injured party actualy considers the often ridiculous low ball settlement offers from the insurance adjuster just to get some money -- any money -- to survive. And for these injury victims, the "delay and pay" system doesn't work.

Labels: delay and pay

6/14/2009
Eric Richardson
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Update on Contributory Negligence

Good news -- the House of Representatives has passed House Bill 813 which would change North Carolina's law of contributory negligence to instead be a law of comparative fault. Read the blog below to find out why this is such a great step for our state. The NC Senate is now reviewing the bill. We will keep you posted on the status of this important legislation, and we'll keep our fingers crossed that it becomes law soon.

Labels: comparative fault contributory negligence

5/21/2009
Eric Richardson
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Contributory Negligence -- How It Can Affect You

Does it matter that North Carolina is one of only four states in our country that supports contributory negligence? What kind of legal jargon is that and what does it mean to you and me?

Under current NC law, you cannot get any insurance benefit or claim any compensation as a result of an accident if you are the least bit at fault. If, for example, another driver is barrelling down the road and slams into your car, and you didn't have your turn signal on at the stop sign. Obviously, whether or not your turn signal was on would not have affected if the speeding driver was going to hit your vehicle, but an insurance company may argue that you were not following the law, and they could suspend any claim you would file. In North Carolina contributory negligence begins when you are only 1% at fault, and this is not fair. It is merely a way for insurance companies to get out of paying claims.

Considering that 46 states do not endorse contributory negligence, it's high time North Carolina got with the program. The law in those states is comparative fault, which wisely divides the responsibility among those involved in the accident, based on how much each person was at fault. This allows for a balance of responsibility and parties pay or are compensated based on the degree of involvement and fault of each participant.

Attorneys at OTP are part of NC Advocates for Justice, and we support the bill that's currently before the Senate to change the law in North Carolina. Our state needs to do away with contributory negligence. It's way past time that this unfair practice is changed.

Labels: contributory negligence

Social Security Disability

10/5/2009
justin wraight
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Update on the SSA Using Electronic Medical Records

Here's an article from an Indiana newspaper that gives an update on Social Security's advancement into using electronic medical records. This National Health Information Network is gradually rolling out across the country and this article tells of the ways it will speed up the process.

Labels: national health information network NHIN

9/24/2009
justin wraight
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Apply for SSD On Your Computer

Last winter I wrote about how the Social Security offices are trying to speed up processing and also use less paper by going digital. Using technology for medical record codes is starting to work. The National Health Information Network is a first for a federal government agency, according to a published article, and it's great that it has started with Social Security. The SSA recommends that you apply for disability benefits on-line. You can click here to get to the website, and you can submit your application electronically.

Labels: national health information network on-line processing time technology

9/22/2009
justin wraight
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Disability Claims Processing Data

As an update to my recent post, the national average for processing a SSD claim is 494 days. That's nearly a year and five months. The Greensboro office operates at 541 days (almost 50 days longer), while Charlotte beats the national average slightly at 490 days.

It is important to note that North Carolina has had a slight drop (just under 4%) in the number of claims processed this year compared to 2008, which makes us one of only two states where this happened. Compare NC to Ilinois where the number of cases has unbelievably doubled, due possibly to more baby boomers in the market and people who had not planned for the economic dilemma we are in.

According to the latest reports, the Social Security Administration has the goal to end the backlog in hearing level claims in all states by 2013. Additional Administrative Law Judges, funding and efficient staff and productivity could make this happen. As always, we will keep you updated.

Labels: backlog processing a claim

9/14/2009
justin wraight
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Fixing a Broken Mental Health System

Every day we talk to people with mental health issues who can't get the treatment they need because of cuts in the North Carolina system. The slashing of state's budget ($155 million in cuts for 2010) and the downsizing or closing of mental health facilities have left some people in a crisis situation, especially those who live in rural areas. It's frustrating to us and to our clients and their families. People with mental health disabilities deserve care and treatment and our tax dollars should fund adequate if not excellent programs to meet these needs.

Labels: mental health disabilities mental health system state budget

9/14/2009
justin wraight
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GAO Follows SSA's Efforts to End Hearings Delays

In a report released this month by the US Government Accountability Office, the Social Security Administration is still plugging along in its efforts to speed up the approval process of SSD claims. Following a plan that started in 2007, the GAO reviewed the May update and noted that the SSA must continue to move forward to reduce the backlog by 2013. Much of the effort centers on Administrative Law Judges, focusing on the hiring of judges, their availability to hear cases and their productivity. According to the GAO, claims are now at 446,000 and the SSA needs to set up performance goals and measures in order to be productive.

Labels: claims processing GAO US Government Accontability Office

9/10/2009
justin wraight
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Hospitals in NC

Before you schedule a surgical procedure or even a consultation at one of our state's hospitals, it's a good idea to compare facilities and also visit the hospital's website. Here's a handy chart, compiled by US News & World Report, which lists hospitals in North Carolina. (click here)

Medical experts advise patients to ask questions of their doctors, such as:

How many procedures have you done like mine?

How many have been performed here at the hospital?

How many people have died after this surgery?

What complications can occur?

As a patient, you have a right to know these answers before you make a decision about your medical care.

Labels: hospitals

9/10/2009
justin wraight
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America's Best Hospitals

US News & World Report recently rated our nation's hospitals based on the quality of care, the reputation among colleagues in the medical field, the death rate, patient safety and other patient care factors (such as the technology at the hospital and the level of nursing care). Nearly 5,000 hospitals and medical centers were reviewed with a special focus on those that have specialty areas. For 2009, Duke Medical Center in Durham ranked in the top 10 of hospitals nationwide.

To see the article and a list of the rankings, click here.

Labels: hospital rankings US News & World Report

9/4/2009
justin wraight
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No Cost of Living Increase for Social Security Benefits

With the Congressional Budget Office projecting no cost of living increase for social security benefits in 2010 and 2011, many people who receive this income will be in a tough spot. For some folks, the SSD benefits cover the absolute necessities of living. They depend on their check and make it only from month to month. Without a cost-of-living increase to cover outside expenses, many people will be forced to cut back on an already small fixed budget.

Labels: COLA congressional budget office cost of living social security benefits

8/25/2009
justin wraight
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Preparing for a Hearing

When your Social Security Disability claim gets to the level where you have a hearing with an Administrative Law Judge, you may be asked several questions by the judge to verify your application. These questions could include:

Tell me where you worked and the employment dates for the last dozen years. Describe what you did for each employer.

Why do you feel that you can no longer work?

What medications do you take, and what should I know about their side effects and your limitations?

Do you have pain? Where is it? How would you rate it?

Tell me about your ability to stand, walk and sit -- how long can you do each of them and do you need any assistance?

I want to know about your lifestyle. In other words, what do you involve yourself with when you're at home. Are you able to drive? Where do you go?

How has having a disability changed your life?

These questions are nothing to be alarmed about so you should not be concerned or nervous. The judge is just verifying your information and getting insight from you, a real person, about your claim.

Labels: administrative law judge hearing

8/8/2009
justin wraight
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Early-Onset Alzheimer's Disease Added to Compassionate Allowance List

Last month Commissioner Astrue announced that early-onset Alzheimer's disease will now be part of the 50+ medical conditions that automatically qualify the SSD applicant for quicker claim processing. The SSA Commissioner noted: "Early-onset Alzheimer’s disease is a rapidly progressive and debilitating disease of the brain that affects individuals between the ages of 50 and 65 and clearly deserves our consideration." Individuals applying for benefits will get a quicker response from the SSA --perhaps in weeks rather than the typical months or even years -- and that is certainly a bright spot.

Labels: alzheimer's disease compassionate allowance

7/22/2009
justin wraight
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SSD, SSI Benefits and Same Sex Marriages

While gay marriages may be recognized in some states, the Social Security Administration, as a Federal office, does not give them validity. The Defense of Marriage Act prohibits any acknowledgement. As such, benefits are not distributed to a spouse if there is a same-sex marriage. As a result, couples will need to consider if a union is in their best financial interest.

Labels: defence of marriage act gay marriage same sex marriage

7/22/2009
justin wraight
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Claims for Disability Continue to Take More Time

The backlog of applications for SSD at the initial application stage certainly is increasing with some of it caused by the slump of the economy. The SSA projects that by 2011 another 500,000 claims will be initiated due in part to the ongoing recession. Across the country, there has been an increase in new claims through May 2009 of almost 13%, compared to this same time in 2008. A much higher pending workload of these claims (more than a 26% increase) is leading to much longer processing times. Now, more than ever, it's important to have the assistance of an attorney to stay on top of a claim and to be sure it's filed correctly.

Labels: backlog claims

7/9/2009
justin wraight
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State DDS Jobs Should Be Secure

Because of action by Vice President Biden, job positions for state disability determination services (DDS) should be stable and free of hiring restrictions and unpaid mandatory leaves of absence.

Biden asked Governor Ed Rendell, Chairman of the National Governor's Association, to urge all US governors not to furlough or downsize their DDS departments. If all DDS personnel are able to continue with their jobs, then social security benefits for the disabled will not be disrupted or delayed. Commission Astrue noted that state-wide reductions would save no money from state budgets because salaries and overhead are self-funded from within the department. With this plea from Vice President Biden, the heavy workload that our country's DDS program manages for more than 12 million citizens, and the predicted increase in the number of claims, should continue to be handled without concern of DDS employees losing their jobs. And that should keep the system moving along.

Labels: Biden DDS disability determination services Rendell

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