In Washington State, RCW 51.32.220 allows for the offset of two types of monetary benefits if an individual receives payments for Social Security Disability. Those two state benefits are temporary total disability and permanent total disability, colloquially known as time loss and pension. Notice that the statute does not permit the state to reduce awards for permanent partial disability, colloquially […]
Read More50,000 children a year go to the emergency room with injuries sustained on playground equipment: that is 137 children per day. This statistic does not include children that only go to a doctor or treat their lesser injuries at home. US hospital emergency rooms reported from October 2000 to September 2001 that 8,250 children under the age of 2 (two) were injured […]
Read MoreOne of the key benefits of getting on Social Security Disability (SSD, also known as SSDI) is the access to Medicare before the age of 65. Unfortunately, Congress has long imposed a two year waiting period on the disabled who are under the age of 65 before they can qualify. Of course if you are receiving SSI, you should qualify […]
Read MoreDid you know if you are injured on the job such that you cannot shop or feed yourself, whether due to paralysis or other injury, you will not get help from the Department of Labor and Industries without fighting in court? During a recent pro-bono case it was learned that the Department refused to provide basic average daily living services […]
Read MoreCalbom & Schwab just finished a Board of Industrial Insurance Appeals case on the topic of Chronic Regional Pain Syndrome (CRPS). The Department of Labor and Industries (Department) medical examiner concluded that while he, the medical examiner, clearly believed the worker suffered from intolerable pain due to CRPS, and that the injured worker had a large impairment rating (approximately 60%), he […]
Read MoreAn area of contention that frequently arises between an injured worker and the Department of Labor and industries, or a self-insured employer, has to do with how their time loss benefits are calculated. A statute declares that time loss is to be based upon the worker’s wages or earnings at the time of their industrial injury. Another statute, in defining […]
Read MoreSo the Department of Labor and Industries (Department) has issued an order that is unfavorable to you and you disagree with that decision. What happens next? Whether you are represented or not, it is helpful to understand the process. Whether your employer at the time of your injury was self-insured, or not, it is the Department which is charged with […]
Read MoreSo you just received an order closing your claim. The question you may now have is what rights do you have under your claim in the future? Video: Reopening A Workers Comp Claim http://schwab-directories.wistia.com/medias/3xy3o7hxtv?embedType=seo&videoFoam=true&videoWidth=680 The General “7-year” Rule The general rule for worker’s compensation cases is that you have seven years from the date of the first, final order closing […]
Read MoreIf you’ve suffered an on-the-job injury and not able to return to any work you’ve done in the last 15 years, you may be entitled to vocational rehabilitation benefits. If you are determined to be in need of vocational retraining, a vocational counselor will be assigned to you to assist you in choosing a retraining plan. Once a plan is […]
Read MoreRegarding a duty on the part of a claimant’s representative to provide to the Social Security Administration and/or the office of Disability Adjudication and Review any “adverse evidence” that they may have in their claimant’s file. The Social Security Administration is considering a requirement that all representatives and/or claimants submit not only favorable evidence, but also ”adverse evidence” that they […]
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