Wearables and Workers' Comp, or How Did Kevin Connors Birthday Get on My Smart Watch?

During a session at the CCWC Conference in Anaheim, CA earlier in the month, one of the presenters said something that struck a chord with me. It was the final session of this year’s annual conference, and several high level executives were discussing the future of workers’ compensation. Corvel Chairman & CEO Gordon Clemons was talking about the importance of investing in technology (a man after my own heart), when he made the prediction that “this time next year we will be talking about wearables”.

It was a great prediction, but why wait until next year? I want to talk about them now.

I've written about the impact of mobile and wireless technology on workers' comp, but I've never addressed the concept of "wearables". I recognize that by putting this on the table prematurely, I will be causing CEO’s all over the nation to assemble feasibility committees within their respective organizations to study this concept. Based on the technical prowess of our industry in general, I suspect the first assigned task for the committee will be learning what a “wearable” is.

For those of you finding yourself now assigned to that feasibility committee dedicated to the study and analysis of wearable technology uses for workers' compensation, allow me to save you about 6 months time. Wearables are portable technology devices that can leverage wireless communication protocols to gather, disseminate and analyze personal data. Contrary to initial industry impressions, adult diapers and other incontinence products are not considered "wearable technology".  Don’t waste your time analyzing those.

There. I just saved your company hundreds of man hours and about a quarter of a million dollars. Please stop by my website and spend it on technology. We have a lovelycloud based forms auto-population system we would love to sell you. But I digress…

Clemons was absolutely right with his prediction. Wearable devices, in the form of braces, bracelets, necklaces, watches and glasses will revolutionize information management for medicine in general, and this will have great impact on care in workers’ compensation.  Sensors will be able to transmit vital health data to medical professionals; glasses such as Google Glass will be used in medical consultations and training scenarios. The possibilities are boundless, as what we are talking about is moving and monitoring personal data securely in real time. The more accurate and timely the information, the better the treatment and response can be.

Wearable technology is already here. I mentioned Google Glass, but there are other devices on the market today. Last year my wife bought a Pebble Smart Watch as a gift for my birthday. It is a device that can interact with my smart phone, and allow me to read texts and emails without looking at my phone. Before I had this watch I had to indicate I was bored with someone’s company by constantly looking at my phone. Now I can indicate my boredom by repeatedly checking my watch. Whether I am checking the time or reading the latest joke forwarded to me they will never know. My Pebble Watch can also show me the battery status of my phone, the weather, stock information, GPS maps and navigation and events on my calendar. It can even control the music and picture taking function on the phone – although the reason I would want to take a photo of the inside of my pocket escapes me.

I recently had a glimpse of just how much of our personal information is going to be freely distributed in the technologically mobile/wireless/wearable world. It was the day after I flew home from the CCWC conference, July 19^th.  I happened to glance at my Pebble watch, and noticed that it was telling me that it was Kevin Connors birthday. Now, I know Kevin Connors. I did not know it was his birthday. I have never known when his birthday was. But my watch knew.

Kevin Connors is a workers’ compensation defense attorney I know through theNational Workers’ Compensation Defense Network (NWCDN). Kevin is Managing Partner, General Liability Chairperson and Sous Chef for Connors Law, LLP of Exton, PA.  A skilled attorney and creative writer, he is a product of both an overactive imagination and a Jesuit school (reformed) education. Either that or it was a Jesuit Reform School – when asked for a clarification he simply mumbles.  At any rate, at first I had no earthly idea how his birthday ended up on my watch.

I was eventually able to figure it out. I am not a huge Facebook fan, and, as in real life, have relatively few friends there. Kevin Connors is, however, one of my Facebook friends. Even though I do not recall entering him in my phone contacts list, I found that his complete life now exists in my phone. His phone numbers, his email addresses, his birthday – even a photo of him and his family now resides within my contacts list.

Even if you haven’t met him it’s kinda creepy.

All of this data apparently was placed there by the kind folks at Facebook. There is even a tiny little Facebook “f” appearing next to his photo on the phone. And from the smart phone, of course, it is just a short jump to my smart watch.

I can write this way about Kevin because, 1) he has a terrific sense of humor, and 2) my watch tells me he is in Stone Harbor on vacation and will likely never see this blog. Still, it is evidence of the increasing pervasiveness of mobile technology leveraging personal information, and that wearables are going to be part of this revolution. Mr. Clemons was correct. We will be talking about wearables next year; and if at that point my watch can tell me Kevin Connors cholesterol and heart rate, by gosh, we will really have something.

Original Source

Attorneys Neil O'Toole and John Sbarbaro

at the Law Office of O'Toole & Sbarbaro, P.C.

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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3 Reasons Why Comp Claims Seem To Go On Forever

Over the years, I’ve had safety directors or claims managers tell me that workers compensation claims move slower than a 1 legged dog on tranquilizers.  I would say the resolution speed of comp claims more closely resembles that of a 3 legged dog on mild muscle relaxants - - but I won’t quibble over the extent of the metaphor. 

Bottom line...often times comp claims DO move very slowly.  Without dwelling on the obvious, let me suggest 3 legitimate reasons why comp claims aren’t yet as fast as text-messaging teenagers. 

1. Litigation takes time

If you have pro se claims (where the claimant does not have an attorney), you’ve undoubtedly noticed that these claims are usually resolved VERY quickly.  Why?  You can insert a joke here about fewer attorneys, like fewer speed bumps, allow traffic to move more quickly.  At the risk of upsetting my fellow attorneys here, that is exactly correct.  Fewer attorneys WILL result in a quicker resolution.  However, the quickness of the resolution has less to do with the number of attorneys involved and more to do with the fact that are no real issues to resolve.  Everyone agrees on everything so there is nothing to argue about. 

In disputed claims, though, investigation takes time.  Discovery takes time.  Getting opinions from expert physicians takes time.  Courts take time.

Years ago I had a client tell me: “Brad, I don’t want you settle any of our comp claims. Take them all to trial.”  I did that...for a while.  After 2 years of this (and after seeing the defense costs associated with taking every case to trial), the VP of Claims called me and said: “Brad, can you start letting me know which claims can be resolved without trial?”  It doesn’t take a high-level of skill to take every case to trial.  It does, however, require skill to know which claims should be settled and which claims should be disputed.

2.  Movement takes willpower and initiative

Apart from falling down, movement takes willpower and initiative.  A new client contacted me in June about taking over the defense of a claim that has been litigated since 2002.  I entered my appearance, reviewed the medical records, called the claimant’s attorney, and worked out a tentative framework for settlement with 3 or 4 phone calls. 

I am certain that I am not any smarter than the defense attorney I replaced.  Some would say he is far smarter - - he was paid to work a file for 12 years and I was the dope that resolved it with a few phone calls!  Self-serving attitudes aside, I had a fresh perspective and wasn’t afraid to throw out ideas to resolve the claim instead of simply throwing out ideas for continued litigation.  In an area of the law where the work is often very repetitive, coming up with a new approach is often difficult.

3.  Working with knowledge-deficient opponents

Common sense would seem to indicate that if the claimant’s attorney knows little about workers comp law, this places me (as the defense attorney) in a better position to achieve a favorable result for my client.  In this instance, common sense is completely wrong. 

I have always found that claimant’s attorneys who actually know what benefits are payable under the workers comp law and how to prosecute a workers comp claim are FAR better to work with than the attorneys who handle 3 comp claims per year and try to handle the claim like a jury trial in circuit court.   Knowledge and experience can bring efficiency to a system that rarely seems efficient.

Original Source

Attorneys Neil O'Toole and John Sbarbaro

at the Law Office of O'Toole & Sbarbaro, P.C.

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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Happy Fourth of July from the Law Office of O'Toole & Sbarbaro, P.C.

The Law Office of O'Toole & Sbarbaro, P.C. would like to wish everyone a happy and safe holiday.


Contact Neil O'Toole and John Sbarbaro

at the Law Office of O'Toole & Sbarbaro, P.C.

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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The Existential Texas Roofer: Employer Responsibilities in Workers' Comp and Those Pesky Specific Hypotheticals

The topic of workers' compensation and employer responsibility has found its way into the Texas Governors race, and it presents some interesting philosophical questions for our industry. The Texas Tribune reported Attorney General Greg Abbott, who is running for governor, has indicated he wants to maintain the current ability of employers to opt-out of workers' comp if elected. Texas is the only state that doesn’t require private employers to carry insurance for workplace injuries and fatalities.

Oklahoma, which has enacted opt-out legislation this year, differs from Texas in that employers must offer alternative protections for their workers. Texas employers may go "naked", and offer no such protections. According to a Tribune study, it is estimated as many as 500,000 workers' in Texas are employed without any direct injury coverage or protections.

Despite being an option for almost 100 years, some are calling to reform or repeal the voluntary workers’ compensation law. Abbott credits the ability of private employers "to decide what’s best for them" for making the Texas economy the most robust in the nation.

Critics contend that the tort system, which is often the only option for these workers, is not adequate in many cases. Abbott was presented an example of one such case, that of Austin roofer Angel Hurtado. Hurtado was on the job when he fell to his death in 2004. His employer had no workers' compensation insurance. His family tried to sue, but the contractor vanished after the accident, and they could not find an attorney to take the case. The family said they spoke to seven lawyers, all of whom declined.

Abbott's response was awkward, to say the least. He called that situation a "specific hypothetical" to which he could not respond, and indicated he could counter with examples that were "opposite of what [the questioner] said". He said "a lot of times there are people to sue".

Yes, but what about the times there are not?

There is nothing hypothetical about a specific example, and it brings into question just what employers are responsible for when it comes to the safety and health of workers on the job. Do we have a fundamental obligation to protect at a basic level those who work for our benefit?

Regular readers know I am a red state, small government, slightly to the right of Attila the Hun fiscal Conservative. I believe strongly in the concept of self dependence and responsibility. Still, I think we have fundamental responsibilities to those who exist on our payrolls. I also recognize that the comp system is far from perfect.

It is true that over the years, we have seen what I call “responsibility creep” within the workers’ compensation industry. We are now paying for things that are not our doing. As an employer it is not my fault you got old on the job. I am not to blame for your getting fat while under my employ. Still, “responsibility creep” means employers everywhere are paying for those conditions. We are doing so both through direct claims for injuries caused by age and weight, as well as co-morbidities that must be treated before the actual injury can be addressed. This has represented a general expansion of expenses, and is a common driver for employers to opt out when they have the opportunity.

Still, Angel Hurtado was not an existential roofer. He was not a “specific hypothetical”. He was an actual human being who lost his life while working for someone, and the system let both him and his dependents down.

While Abbott may be able to say that “a lot of times there are people to sue”, there were not in Hurtado’s case.  I submit that employers, no matter what the mechanism, have basic responsibilities toward the safety of the people who toil at their behest.

One “specific hypothetical” is one too many. If it cannot be addressed with a specifically non-hypothetical response, there is something wrong with the system.

A non-hypothetical change may be in order.

Original Source

Contact Neil O'Toole and John Sbarbaro

at the Law Office of O'Toole & Sbarbaro, P.C.

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.