Discrimination NOT Allowed in Determining Permanent Disability Awards

Friday, May 28, 2010

Lois Vaira, one of Melissa Brown’s workers’ compensation clients, broke her back in 2003. She then discovered she had osteoporosis, but it was found that her back injury was work-related. However, the Workers’ Compensation Appeals Board (WCAB) awarded her much less permanent disability because of her osteoporosis.

Melissa Brown successfully argued before the Court of Appeal that such treatment was age discrimination, because osteoporosis occurs more frequently in older people. Thus, it was inappropriate to consider the osteoporosis in determining Ms. Vaira’s permanent disability award.

Please paste this link into your browser for the story in the Sacramento Business Journal from March 14, 2008.

http://sacramento.bi … 7/story2.html?page=1

How to Choose the Best Workers’ Comp / Disability Lawyer for YOU

Thursday, May 20, 2010

When you are injured, it is even more difficult to keep your perspective about important decisions. One of the most important decisions you will need to make is whether to retain an attorney to represent you, and, if you so choose, which attorney to hire. Consider several factors when choosing a workers’ compensation or Social Security disability attorney: geography, competence/expertise in the field, reputation of the attorney and the firm, experience, track record of favorable decisions and awards, and attorney/staff accessibility.

GEOGRAPHY
What is meant here is the proximity of the attorney’s office to your place of residence or where you spend most of your daytime hours. Keep in mind that it won’t be necessary for you to go to the attorney’s office very often; in fact, with email, telephone, fax, and regular mail, many clients find that they don’t need to visit the attorney’s office more than once or twice. It may have been more important in the past to choose a lawyer closer to home, but now you have greater flexibility to shop in a larger geographical area.

COMPETENCE AND EXPERTISE
At Farrell, Fraulob & Brown, our attorneys are recognized state- and nationwide for being some of the most competent and knowledgeable practitioners in the fields of workers’ compensation and Social Security disability law. Three of our attorneys hold special certification from the State Bar of California in worker’s compensation.

REPUTATION
What do other attorneys think of your lawyer? Getting a sense of your lawyer’s reputation may be the hardest part of choosing someone to represent you, because it requires that you know who to talk to. In most cases, people are in such dire straits that they don’t have time to research the best lawyer. Instead, they consult the yellow pages or conduct an Internet search. These searches yield little information about an attorney’s reputation among fellow lawyers - the people who have seen their peers in action and can speak to their skills, knowledge, competence, and ethics.

You are invited to see our firm’s Facebook page, where you will find links to many of the accolades our attorneys have received. Copy and paste this link into your browser to view the page:

http://www.facebook. … ts&ajaxpipe=1&__a=18

EXPERIENCE
The four attorneys at FF&B have over 100 years of combined experience. Donald Fraulob has been practicing for over 40 years and is our managing partner. He was admitted to practice before the Supreme Court of the United States in 1973. Melissa Brown was admitted to the Bar in 1983 and has extensive experience in workers’ compensation, Medicare / Medicaid / MediCal, Social Security, and Elder Law. She co-authored a complete reference guide on advising elderly and disabled clients. David Belden was admitted to practice in California in 1978 and has represented injured workers in their workers’ compensation cases for over 25 years. Christine Craft was admitted to the California Bar in 1995 and represents clients in their Social Security disability claims.

TRACK RECORD
You hire an attorney for one reason and one reason only: to get results you wouldn’t get if you were unrepresented. It doesn’t matter how well liked your attorney is if you don’t get the benefits to which you are entitled or a resolution you desire. And it doesn’t matter how many certificates, diplomas, or awards your lawyer has if he or she can’t deliver for you.

Ask your potential lawyer’s office about how many cases they have resolved to the clients’ favor during the past year. Treat the initial consultation (which many attorneys offer at no cost to you) with the attorney as a job interview; after all, you are considering a hiring decision. At Farrell, Fraulob & Brown, our attorneys win the hard cases. We take pride in going the extra mile, finding the “hidden” or lesser-known benefits, and not backing down from a fight to secure what is rightfully yours. As a result, over 90% of our Social Security disability cases end in a favorable decision to the client, meaning they collect the benefits they so greatly need. In workers’ compensation cases, our attorneys turn down settlements other attorneys would jump at, because they know how much more the case is worth. Put your future in competent, caring hands.

ACCESSIBILITY
Being injured or disabled is scary. Insurance companies, employers, and doctors can be intimidating. You need someone who understands your concerns and can provide useful information to reassure you. Your lawyer should take the time to listen to you when you make reasonable requests. At FF&B, our attorneys and their staff are courteous, friendly, and patient. We try to assist you in any way we can, but we also ask that you do the same. Together we can succeed!

Finding the right attorney can be challenging if you are looking for excellent representation. Take into account the items mentioned above to find the lawyer who is best for you.

Sprains and strains most common workplace injury

Tuesday, May 4, 2010

Sprains and strains, most often involving the back, accounted for 43 percent of the 1.3 million injuries and illnesses in private industry that required recuperation away from work beyond the day of the incident in 2003.

When sprains and strains, bruises and contusions, cuts and lacerations, and fractures are combined, they accounted for nearly two-thirds of the cases with days away from work.
Sprains and strains were the leading nature of injury or illness in every major industry sector in 2003, with 33 percent of these cases occurring in the trade, transportation, and utilities major industry sector and an additional 19 percent in the education and health services major industry sector.
The three occupations with the overall greatest number of injuries and illnesses were laborers and material movers; heavy and tractor-trailer truck drivers; and nursing aides, orderlies, and attendants. Laborers and material movers, and heavy and tractor-trailer truck drivers often suffered sprains and strains to the trunk or lower extremities, stemming from overexertion or contacts with objects or equipment. Nursing aides, orderlies, and attendants predominantly suffered sprains and strains to their trunk (typically their back), due to overexertion related to lifting or moving patients.
These data are from the Injuries, Illnesses, and Fatalities program. To learn more about workplace injuries and illnesses, see “Lost-Worktime Injuries and Illnesses: Characteristics and Resulting Days Away From Work, 2003” (PDF) (TXT), news release USDL 05-521. The 2000 Standard Occupational Classification (SOC) Manual is now used to classify workers by occupation. Prior to 2003, the survey used the Bureau of the Census occupational coding system. Substantial differences between these systems result in a break in series for occupation data. Users are advised against making comparisons between the 2003 data and the results from previous years.

From http://www.bls.gov/opub/ted/2005/mar/wk4/art05.htm

Helpful Information for Injured Workers

Wednesday, April 28, 2010

March 29, 2010

The California Department of Industrial Relations website has a lot of helpful information for people who are injured on the job. You can access the Division of Workers’ Compensation website using the following link:

http://www.dir.ca.go … wc/InjuredWorker.htm

Here you will find answers to many of your questions about the workers’
compensation system. See the “I Want To…” section on the top left of the screen, and click the links for more information on topics such as “Know my rights” and “Know what to do when I get injured on the job.”

At Farrell, Fraulob & Brown, we want you to be educated, to know your rights, and to feel empowered with information to make informed decisions.
It is the best way you can help us to help you receive the benefits and treatment you deserve.

The Myth of Workers’ Compensation Fraud

March 8, 2010

People will try to convince you that many (as high as 20 percent or more) workers’ compensation claims are fraudulent, meaning they are attempts to collect money for nonexistent injuries, or injuries claimed to be much more serious than they are. In 2000, PBS created a documentary that debunks the misinformation that many critics of the workers’ compensation system continue to spread.

In reality, very, very few claims are actually inappropriately filed (estimated at 1 or 2 percent of total claims filed), and contrary to what the critics would have us believe, taxpayers are not the victims of this fraud. Insurance companies charge hefty premiums to employers to carry their workers’ compensation indemnity coverage, and even if an employer has no such insurance, there is a specific fund to cover the injuries of those workers.

Please click on the link below to read a synopsis of the PBS documentary, “The Myth of Workers’ Compensation Fraud”, by Lisa Cullen.

http://www.pbs.org/w … place/etc/fraud.html

TOP TEN WAYS TO KNOW YOU NEED AN ATTORNEY TO HANDLE YOUR WORKERS’ COMPENSATION CASE

February 15, 2010

10. It’s “workers’ comp”, not “workman’s comp.”
9. I’m drowning in a sea of acronyms, and I’m getting dizzy trying to keep TD, PD, PTP, and TPD straight.
8. I have no idea what “Qualified Medical Evaluator” means, and I have no desire to find out.
7. Letters from my employer’s insurance company, while appearing to be written in English, are not in any language I understand.
6. I have been unable to work for months, but I have not received any Temporary Disability payments.
5. I was just notified by the insurance company that Temporary Disability payments are ending, and I don’t know why.
4. I was seriously hurt while on the job, but my employer looked the other way.
3. I believe my employer is responsible for my injury because they didn’t follow safety protocols.
2. I was fired from my job or treated very poorly after I filed my worker’s compensation claim.
1. I have more than one work-related injury in multiple body parts, and they are all serious.

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