Friday, July 3, 2009

Rumors of Ingersoll-Rand Athens, Pa Plant Closing

Once again, there are rumors circulating throughout the Valley that the Athens, PA Ingersoll-Rand plant is going to completely shut its doors. Every few years this rumor seems to pop up. But this time around, there's more to the story.

As detailed in a recent Morning Times article, there are approximately 174 people employed at the Athens, PA plant. Compare this to the plant's heyday in 1967 when 1800 people were employed at the plant.

According to an anonymous source inside the plant, 110 employees were let go since the beginning of 2009.

I would still bet against the plant closing, especially given the almost yearly rumors of a shut down. However, if you're an employee there and have a possible work injury that has not been officially accepted by IR's workers' compensation insurance company, now is the time to get it done. I have blogged about this before with regard to being laid off while on light duty work restrictions due to a work related injury. If so, you should be automatically put back on total disability and receive your full disability rate. However, this will not happen if your claim has not been officially accept.

As for comment by corporate headquarters on the possible plant closing:

“We don’t ever comment on anything in the future,” said Susan Jaramillo, director of communication for the corporate headquarters."

Monday, June 15, 2009

Acupuncture may help reduce back pain, research finds

A vast majority of our workers' compensation cases at Carroll & Carroll, P.C. involve clients who have suffered a back injury. Over the years of practicing workers' compensation law, the alternative medical procedure of "acupuncture" has gradually gained prominence.

I remember the early days when acupuncture was considered a bogus procedure. Now, most insurance companies will pay for acupuncture treatment.

A new study appears to show that acupuncture can be an effective treatment for chronic back pain with sufferers reporting a 20% reduction in pain.

Attached is a link to a telegraph article on the study.

Monday, June 8, 2009

Cell Phone Elbow

Just in case you haven't heard of the new condition, it's called cell phone elbow or, more commonly referred to in medical terms as "cubital tunnel syndrome."

Here's a story about it from CBS News.

"The latest over use or repetitive motion injury to join the digital age list is cell phone elbow. It is caused by too much bending of your arm to put a cell phone to your ear. This bending compresses the ulnar nerve, which runs along the bony bump on the inside of the elbow."

I have seen many "cubital tunnel" cases in my practice, but none using the theory of too much cell phone use. However, I can see how this might easily be a winnable case. In my own experience of holding a cell phone while driving (before I purchased a "hands free" unit) it would only take about 5 to 10 minutes before my arm became sore.

Friday, April 24, 2009

Some of our successful case results

Please note that every case is different and these workers' compensation lump sum settlements, while accurate, do not represent what we may obtain for you in your case. Every injured worker is different given the type of injury, the amount of disability, your average weekly wage and weekly compensation benefit rate.

Nor does it mean that we win all of our cases - we don't. Our clients tell us that knowing that we have achieved significant results is one factor that many of them used to decide to hire us. You certainly should ask any prospective attorney whether he or she has obtained significant verdicts and lump sum or compromise and release settlements but the decision to hire an attorney should not be made on this factor alone. We would be more than happy to discuss any of these cases, and many others, with you.

Bridge Construction worker with herniated discs in neck - $385,000.00

43 year old male who was a highly paid bridge construction worker injured his neck while lifting on the job. He ultimately had to undergo two cervical surgeries to repair herniated discs in his neck. Thereafter, he developed RSD or Complex Regional Pain Syndrome in his left arm. He ultimately lost the use of his left arm for every, practical uses. He also started experiencing the same symptoms in his right arm, all stemming from the neck injury.Carroll & Carroll, P.C. filed litigation. The insurance company accepted responsibility for the work injury and even agreed that the claimant lost the use of his left arm. However, the workers' compensation insurance company disputed the relatedness of the right arm.The case settled for $385,000.00 which is a record settlement for Carroll & Carroll, P.C. in a workers' compensation case. Also part of the settlement is that the insurance company has agreed to pay whatever medicare set aside amount is required by Medicare.

Repatative Use Injury to Arms - $175,000.00

53 year old woman had worked at a label making plant for over 20 years. Several years ago, she began having pain in her right arm when she would perform her highly repetitive duties making labels for clothing. When she was restricted to one arm work, she had to use her "good" arm too much and began suffering the same symptoms in the left arm. Carroll & Carroll, P.C. filed a claim petition against the employer and won the case. The workers' compensation judge ruled that the claimant first suffered a right arm epicondylitis and then, due to over-use, suffered the same condition in her left arm later in her employment. An interesting twist in this case was that each "arm injury" was covered by a different insurance company due to the time the injuries arose.

Eventually, Carroll & Carroll, P.C. was able to secure a settlement for the claimant that protected her future medical bills and allowed her to retire with no financial worries.

Loss of use of arm for lumber yard worker - $150,000.00

27 year old male who was working at a local lumber yard injured his arm on a piece of the industrial machinery used to plane wood. While clearing out pieces of debris from the machine, another employee turned it on, locking the client's arm in the machine and causing injury. The client's arm was significantly injured, needing many surgeries.Carroll & Carroll, P.C. filed a petition to force the workers' compensation insurance company to pay the client specific loss benefits. These are benefits an injured employee receives when he/she loses the use of a body part. We argued that the client lost the use of his arm due to the injury. We eventually settled the case for a lump sum payment of $150,000.00. Also, the client is on social security disability. Carroll & Carroll, P.C. has also filed a product liability lawsuit against the manufacturer of the machine due to it being defective for not having proper safeguards designed into the machine.

Construction worker broke leg requiring surgery - $145,000.00

While on a job site, a 45 year old construction worker tripped over some boards, breaking his leg. The break was so bad that surgery had to be done to place screws and plates to mend the bones. Unfortuneately, the client's leg was so disabled that he could not return to construction work. Further, the client developed RSD or what is now referred to as Complex Regional Pain Syndrome. Carroll & Carroll, P.C. was able to win the client's comp benefits after the insurance company denied him what was owed to him. Further, we were able to secure Social Security Disability benefits for the client, then settle his workers' compensation claim for $145,000.00. After the comp settlement, the client will continue to receive his monthly SSD check plus have all of his medical bills paid for through Medicare.

Shop Teacher Amputates Fingers on Table Saw - $125,000.00

A Vocational Tech teacher for a local school severely injured his hand while using a table saw in shop class. Even though the teacher returned to work after a brief period, Carroll & Carroll, P.C. filed a claim for the "specific loss" of use of several fingers. We were able to prove that the teacher had loss the use of three fingers either through outright amputation or severe damage. The case was ultimately settled for a lump sum of $125,000.00 including the payment of all medical bills and the waiver of the workers' compensation lien against any recovery from the product liability case against the table saw manufacturer.

Lumbar Surgery - $110,000.00

38 year old male injured his lower back while lifting something heavy at work. He eventually had lumbar spine surgery and was totally disabled. He had been on workers' compensation for many years before coming to Carroll & Carroll, P.C. for help in getting some medical bills paid. We made sure he was approved for Social Security Disability and Medicare. Then we settled his workers' compensation case for $110,000.00. Now the claimant does not have to worry about his benefits being cut off or looking over his shoulder all the time worrying that someone was watching him. He did not have to go to hearings anymore and could move on with his life.

Loss of Use of Hand - $110,000.00

60 year old woman had her hand trapped in a conveyor belt while working at a local cabinet making plant. After several surgeries on her hand and a partial amputation of her index finger, she no longer had much use of the hand. The lawyers at C&C Law filed a petition for specific loss of use of her hand. We put on such a good case that we were able to settle her case for a $110,000.00 lump sum payment plus continued medical coverage for 2 years.

Blister On Foot Nets Big Comp Settlement - $90,000.00

45 year old male who injured his foot at work causing swelling. Because he continued to keep working with the swelled foot, a blister appeared due to his tight fitting shoe. Unfortunately, the blister became infected with MSR. The employee went through many surgeries and loss of a few toes due to the infection. Complicating matters was the fact that the employee had pre-existing diabetes that was obviously not related to work and that contributed to the infection not healing. So, the insurance company argued that the employee's current condition was not related to the original work injury but to his diabetes.

Carroll & Carroll, P.C. filed a Specific Loss petition claiming that due to the many surgeries and infection and loss of a few toes, the claimant had loss the use of his entire foot as if it was actually amputated. Also, there was a question as to jurisdiction of the case. The insurance company wanted to have the case heard in either Maryland (where the original foot injury occurred) or New Jersey (where the employer's corporate headquarters was located) or in New York (where claimant lived), three states that are not as good for injured workers as Pennsylvania. We were able to negotiate with the insurance company to have the case heard in Pennsylvania. Also, we were able to get all of the medical bills paid. Further, we were able to convince the insurance company that the claimant actually loss the use of his foot. The case was settled for a lump sum of $90,000.00. Also, the claimant was approved for Social Security Disability so he will be receiving monthly benefits in order to pay his living expenses. Further, he was approved for medicare so his future medical bills will be paid.

Work related back injury but no surgery - $80,000.00

A 26 year old man injured his back lifting something heavy while working at Proctor and Gamble in Meshoppen, Pennsylvania. The client was off work due to his injuries despite the fact that P&G wanted him to come back to work on light duty. The client did not have surgery on his lumbar spine.

Tuesday, April 14, 2009

OSHA not doing its job

OSHA has come under significant criticism in a report from the Department of Labor’s inspector general for inadequately enforcing safety laws against high risk employers. As you may know, OSHA is the Occupational Safety & Health Administration and they are tasked with enforcing the country’s safety and health laws as it relates to employers and the conditions under which employees work.

You can see more information about this report at Workers’ Comp Insider here. You can also see a copy of the report here.

Specifically, the report indicated that OSHA did not take the appropriate enforcement action in 29 sample cases-and those employers subsequently experienced 20 fatalities, of which 14 deaths shared similar violations. This basically means that it is quite possible that if OSHA did its job then at least 14 people might still be alive today.

Monday, April 13, 2009

Scariest work place safety video EVER!

After viewing this video you will want to crawl up in a fetal position and cry for your mommy.

See it here.

Saturday, April 4, 2009

New York Times article on biased insurance company doctors

Here's a link to a post at the main Carroll & Carroll, P.C. blog about recent NY Times article about the use of biased doctors by the insurance companies in the NY Workers' Compensation system.

We face the same problem here in Pennsylvania, but it's a little different. Doctors here, unlike in NY, don't even have to be certified by the State to perform examinations. So, really, any medical doctor can perform IMEs.

But just like in NY, here in the Pennsylvania Workers' Compensation system, insurance adjusters know which doctors are biased and which doctors are straight shooters. You don't have to be a genius to figure out that the more biased doctors get the most work from insurance companies.