Wednesday, January 29, 2014

The Law Office of O'Toole & Sbarbaro, P.C. successful at the Colorado Supreme Court

The Law Office of O'Toole & Sbarbaro, P.C., is pleased to announce the Colorado Supreme Court affirmed an entitlement to temporary total disability benefits for one of their Clients. Unfortunately, this injured worker has been without any money and funds to live upon since August 24, 2009. Although the wheels of justice move quicker in the Colorado Workers' Compensation System, after no less than 3 separate appeals, the Supreme Court of the State of Colorado has spoken affirming the original award of benefits.

You may review the claim Here

Phone: 303-595-4777
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


Tuesday, January 28, 2014

We Should Pay Less Attention to Seniors and More Attention to Workers

—By Kevin Drum

Our story so far: a few days ago I wrote a post describing the Social Security Administration's MINT forecast of retiree income. As the chart on the right shows, they project that retiree income will continue its steady rise, increasing from $20,000 in 1970 to $46,000 in 2041 (adjusted for inflation). Based on this, I questioned whether the much-talked-about "retirement crisis" was for real.
Dean Baker responded to my post, for which I'm grateful. He basically made five points:
  1. Social Security is a big part of the reason for rising retiree income. No argument there.
  2. Income replacement rates have declined from 95 percent for Depression-era workers to 84 percent for future retirees. This is true. However, as I explained on Friday, this is more because of sluggish income growth among workers than it is because retiree incomes are in any real trouble.
  3. 65-year-olds are living longer and are more likely to be working these days, which is part of the reason for strong incomes among seniors. Again, no argument there. But income is income, regardless of where it comes from. (It's also worth noting that longer lifespans are primary a phenomenon of the well-off, not those with lower incomes.)
  4. Medicare premiums are increasing, which is an added expense for seniors.
  5. The MINT projections include imputed rent as part of income. In some cases this is fine, since living rent-free in a paid-off house does indeed have the same effect as cash income. In other cases, where retirees live in large houses with large imputed rents, it can give an inflated idea of how well off a retiree is.
The first three of these items don't really change the picture. They're just observations about the nature of the income that retirees are likely to have. Item #4 is relevant, but I think it's cherry picking. Every age group has expenses that others don't, and those expenses rise and fall differently. The only way to judge this fairly is to look at overall inflation rates for various age groups, and most efforts to do this have yielded only modest and ambiguous results. Finally, item #5 is a good point. It probably inflates the MINT projections modestly.
Overall, then, I don't think this affects my point too much. If you revised the MINT projections to take into account CPI-E and made an adjustment for possible overestimates of imputed rent, the projected income line would probably go down a bit. But not very much. We'd still be looking at a world in which, relatively speaking, retirees are doing quite a bit better than current workers. In fact, their incomes are growing more strongly than pretty much any other age group.
This is why I'm not on board with calls to expand Social Security. Rhetoric and pretty charts aside, I simply don't see any real evidence of a looming retirement crisis that urgently needs to be addressed, and I think focusing on it just distracts us from our real problem: sluggish wage growth among workers. And the funny thing is that Baker basically agrees:
Seniors income has been rising relative to the income of the typical working household because the typical working household is seeing their income redistributed to the Wall Street crew, CEOs, doctors and other members of the one percent....We can argue about whether young people or old people have a tougher time, but it's clear that the division between winners and losers is not aged based, but rather class based.
That's precisely right. I'm not willing to dismiss the relative problems of young and old quite as quickly—I think the young are being pretty badly screwed these days, and unlike seniors they have no one in Congress who really cares about them—but this is essentially a class problem, not an age problem. We should be doing everything possible to raise low and middle incomes regardless of age. If we do that, retirees will benefit, but so will everyone else.
This is obviously a lot harder than a simple crusade to expand Social Security. But the latter helps plenty of people who don't really need it, while the former helps those who do. If part of helping those with low and middle incomes means changing Social Security payouts to reduce the future growth rates of high earners and increase the future growth rates of lower earners, that's fine with me. But if I can borrow Baker's headline, we need to keep our eye on the ball here. Let's stop inventing crises that don't really exist. If we want to move the Overton Window, let's move it for the thing that really matters: the fact that the fruits of economic growth now accrue almost entirely to the rich, with the rest of us treading water at best.That's the transcendent economic problem of the 21st century.
Original Source

Phone: 303-595-4777
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


Friday, January 24, 2014

Office Ergonomics




Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


Wednesday, January 22, 2014

Bar Hopping with Lawyers for Children

By  

As a point of clarification, no lawyers will be bar hopping for children. There will be lawyers, and there will be bar hopping, but the purpose will be "for the children" rather than "for" the children. Anything else would be plain creepy.
This March the American Bar Association is holding its mid-winter workers' compensation conference in Chicago. It is being sponsored by the Tort Trial & Insurance Practice Section's Workers' Compensation and Employers' Liability Law Committee and The Section of Labor and Employment Law. One of the events being held that week is a "pub crawl" designed to raise money for two worthwhile charities. Those charities are Kids' Chance and The Blessed Child.
Kids’ Chance is an organization which helps children of injured and killed workers by providing them with educational scholarships so that they may pursue their dreams of graduating from various institutions of higher education. The Blessed Child is a community outreach organization located in Chicago, IL which helps families with children in their time of need. The organization is not government funded and depends solely on fundraising efforts and private donations.
On Thursday, March 13, 2014, the Conference is holding a Pub Crawl in the spirit of St. Patty’s Day. Persons wishing to participate are asked to bring a donation of $25.00 (cash or check made payable to Kids’ Chance). They will meet in the lobby of the Conrad Hotel at 8:00 pm. The classic River North Bars that will be visited will all be within walking distance of the Conrad Hotel. Drink and food purchased directly at the establishments are not included in the donation.
So, I for one will be pub crawling with lawyers that night. It should be a lot of fun. Lawyers are, after all, real people; or at least they are rumored to be. Plus, as an added bonus, I get to write nice things about lawyers who buy me drinks. Unless, of course, they buy me too many drinks, in which case I may not recall their name, or in fact which city we were collectively crawling pubs.
No matter. I was never a stickler for accuracy anyway.
If you happen to be in the Windy City that night, I would certainly suggest that you join us. It's Chicago during St. Patrick's week, after all. The pubs should be hoppin' and most of the snow should have abated, which will make the crawling much, much easier. And of course, we will be doing it "for the children". Sometimes these sacrifices have to be made.
And it goes without saying, if you buy me drinks there is a good chance I'll say something nice about you in my blog - if I can remember your name that is.

Original Source

Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


Friday, January 10, 2014

Home | News | Minnesota Schools Bring Shoes For Crews Onsite For Employees Minnesota Schools Bring Shoes For Crews Onsite For Employees

Cottage Grove, MN (WorkersCompensation.com) - Elementary school kitchen employee Kathy Drobac knows the value of a slip-resistant shoe, having experienced a few close calls at previous food service jobs.
"There's always stuff on the floor around the dishwasher," Drobac said. 'The shoes really do make a difference.'
Drobac was one of the South Washington County Schools kitchen employees who stopped by the district's main office in Cottage Grove, Minn., last fall to be fitted for new slip-resistant shoes from Shoes for Crews.
The school district is one of a number that held Shoes For Crews fittings for employees in 2013. Because slips, trips and falls are a major cause of workplace injuries, many school districts encourage or require their kitchen and custodial employees to wear slip-resistant shoes for work.
The Eastern Carver County Schools, which has its district office in Chaska, Minn., had a Shoes For Crews fitting last spring to launch a safety program that included beefed up footwear requirements, said Nutrition Assistant Spencer Fischer.
Several kitchen employees had fallen on the job over the past few years, and so the district started the program to significantly reduce the risk of similar accidents in the future.
"How I explain it is the shoes are just kind of a tool for you, because you wouldn't take a hot pan out of the oven without gloves," Fischer said. "As the crew sort of recognized this was actually for their safety, they started to accept it a little more easily."

The value of slip-resistant shoes

A good pair of slip-resistant shoes will significantly reduce the potential to slip on water, oil or soap. And because they are comfortable, available in many styles and generally no more expensive than non-slip-resistant shoes, there's really no reason not to use them.
SFM Risk Consultant Gary Kaurala strongly recommends slip-resistant shoes in kitchen and custodial environments because the sole of the shoe is one of the few elements that can be controlled to prevent slips and falls. These workers are often moving fast, he said, and wet floors are inevitable in a food service environment.
A side-benefit of requiring slip-resistant shoes is the potential to reduce the number of floor mats commonly used in kitchens, resulting in reduced costs and reduced risks related to handling the mats.
"A fall can cause anything from a broken arm or shoulder to a head injury," Kaurala said. "And even a slip that doesn't cause a fall can result in a very serious back strain. That makes a simple preventative measure like slip-resistant shoes well worth the small investment."

Original Source
Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.



Monday, January 6, 2014

MYTH #5: Because FECA Is So Different From State Workers’ Compensation Systems, Private Sector Case Management Best Practices Won’t Work

There are many differences between the federal and most state workers’ compensation systems.
The federal system features include:
  • Federal agency inability to choose a third party administrator. (All federal workers’ compensation claims are managed by the Department of Labor.)
  • There are no settlements – injured federal workers currently have the right to be paid workers’ compensation for life if unable to return to work. (There is legislation pending that would impact this.)
  • 45 days of continuation of regular pay by the employing agency early in traumatic injury claims. (There is legislation pending that would impose a 3-day waiting period for this continuation of pay)
  • No system for routine utilization review. (There are certain requirements currently for Prior-Authorization but not for Second Opinions or IME’s; there is pending legislation that would require regular independent medical evaluations.)
  • Free choice of treating provider
  • Limited clinical resources available to the Department of Labor Claims Examiners, who make all adjudication and ongoing benefits decisions.
These differences are frequently cited as reasons that private sector case management best practices won’t work in a federal environment; however, evidence suggests otherwise. Several federal agencies have experienced significant improvement in the performance of their workers’ compensation program when they adopted industry best practices such as:
  • Agency directed telephonic case management
  • Early intervention
  • Focused legacy case management programs
  • Ancillary networks including but not limited to pharmacy benefits management, physical therapy, durable medical equipment and diagnostic radiology
  • Stay-at-Work and Return-to-Work initiatives
  • Internal data and trend analysis including but not limited to chargeback audits and the new federal agency performance metrics, POWER (Protecting Our Workers and Ensuring Re-employment). http://www.dol.gov/owcp/dfec/power/
Agencies that have adopted these and other best practices and aggressively monitor and manage ALL open cases have lower costs and disability case rates than agencies that take a more passive approach, relying on Department of Labor and monitoring cases for return to work issues. 
Original Source


Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


Friday, January 3, 2014

My 2014 New Year's Revolutions for Workers' Comp

Welcome to the revolution....Welcome to the revolution....
Resolutions are for pansies. Every New Year people seem to make their annual resolutions designed to improve their personal health and well being. Most of us are lucky to get just a few days out of them before their battered and broken remnants are hauled away in the first week of the New Year's trash.
Since these weak and ineffective New Year's resolutions are designed to improve oneself, and I need no such improvement (my wife's personal observations and assessments notwithstanding), I have decided this year not to make any. No, this year I am subscribing to the theory of "go big or go home", and have instead declared my "New Year's Revolutions" for the entire industry. These are the ideas and issues we need to tackle this year.
Of course, actually accomplishing these will take all of us, working in concert as a well oiled machine. It will be a team effort, and every man and woman needs to do their part. Everyone but me, that is. I had to think of these things after all. My job is done.
    • Fix Our Opioid Abuse Problem - Admittedly this is a big one to start off with, but frankly I am sick of talking about prescription drug abuse in this country. Believe me; we would be much better off just fixing the issue versus wringing our hands and endlessly researching the problem. Doctors, stop prescribing drugs for conditions they were never designed to handle. Claims people, find doctors who can actually help manage pain, as opposed to slathering multiple drugs on top of it and hoping it will go away.

      Earlier this year, I attended a conference session that included a Director of Risk for a very large, extremely well known self insured company. That director was discussing their efforts to monitor and control the use of prescription drugs for their injured workers. In what I consider to be the 2013 "Quote of the Year", she said "[Company Name] is not interested in letting doctors kill its employees". I wanted to write about that more extensively, but we were not given approval to go on the record with the company name - primarily because we live in a namby pamby wussy world where we are afraid of offending doctors who kill our employees.
    • Regarding Doctors, Pay for Performance - Outcomes rule, low fees drool. Paying a bit more for those doctors who consistently get results will save money over the long haul. One carrier this past year conducted a study that showed over 80% of their medical costs were being driven by 7% of the doctors in their network. That is what can happen when you select doctors on the basis of their cost rather than the strength of their ability. Let’s face it; some doctors view the patient as a profit center, and inadequate or unnecessary care is an essential ingredient to making a financial statement healthy, if nothing (and no one) else. Factoring in that some of those doctors may be specialists who inherited truly catastrophic cases, it sounds to me like there is still room to trim that network by 5 or 6%.
    • Empower Claims Professionals - The front line of customer service at the most critical point of the business relationship, claims handling is in need of an overhaul this year. Improve training, reduce caseloads, provide them with proper tools (in the interest of full disclosure, we sell those tools), and watch outcomes improve while your claims costs drop. A Claims VP of a multi-state western carrier told me this year they had embarked on such a plan, reducing their adjuster caseload to 75. Their litigation costs in California alone dropped 60%. That is phenomenal, considering litigation costs in California never ever drop. They simply increase with every legislative improvement.
    • Change the Industry Name - Workers' Compensation should be called Workers' Recovery. Words mean things, and these words put the emphasis squarely where it needs to be, and enables all players to clearly understand the end game.
There you have it. Four simple New Years Revolutions. That’s not so bad, considering the benefits that all involved could gain.
My work here is done. Yours is just beginning. Now get cracking, we only have a year.
Original Source

Phone: 303-595-4777
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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Thursday, January 2, 2014

Happy New Year from the Law Office of O'Toole & Sbarbaro, P.C.


Contact Neil O'Toole and John Sbarbaro
Phone: 303-595-4777
Located in the Denver Metro area.
226 West 12th Avenue Denver, Colorado 80204

Disclaimer 

Any content of this blog is intended for informational purposes only.It is not intended to solicit business, provide legal advice from The Law Office of O'Toole & Sbarbaro, P.C. and does not serve as a medium for an attorney-client relationship. Therefore, The Law Office of O'Toole & Sbarbaro, P.C. is not responsible for the information on this blog which may not apply to every reader. Always seek professional counsel if you have any legal matters. Contents within the blog of The Law Office of O'Toole & Sbarbaro, P.C., logos and other related media are protected by the copyright laws of the United States and other jurisdictions.


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