Wednesday, April 30, 2014

MYTH #2: The Employer’s Role Ends Once the Workers’ Comp Claim Is Paid

Once an injured employee’s workers comp claim is paid, the employer’s most important role begins. The employer should maintain frequent contact with the employee to monitor their healing progress. By doing so, the employer will be able to gauge when the injured employee will be able to begin the return to work program.
According to the 2009 RIMS Benchmark Survey, 86% of companies have a return to work program. However, many small to mid-sized companies lack efficient programs that enable recovering employees to return to work in a limited, but productive role. Most smaller companies feel that setting up a return to work program will require too much effort for the few injuries that occur each year. This is simply not true.
Return to work programs reduce the number of lost work days for just about every employee involved. By doing so, it accomplishes two goals. First, it reduces the company’s future increases in workers’ comp or disability insurance since such policies pay out large claims for lost wages. Therefore, by reducing lost wages, claims will drop, which will reduce premiums.
Second, return to work programs are directly correlated to productivity benefits. On average, individuals receiving disability benefits are paid between 50% and 70% of their normal wage. By bringing employees back to work at 100% pay, the company is only paying 50% to 30% more while benefitting from 40 productive hours each workweek.
It is in the best interest of the employer to keep close contact with the injured employee during their recovery phase. Using a return to work program not only makes sense from a financial standpoint, but it’s the right thing to do. It enhances the employee’s recovery both physically and psychologically.
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

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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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Tuesday, April 22, 2014

Definition of Permanently and Totally Disabled - Workers Comp Tips and Info

Definition of Permanently and Totally Disabled
From the archives of the Law of Office O'Toole & Sbarbaro, P.C.


Under applicable law, a claimant is permanently and totally disabled if she is “unable to earn any wages in the same or other employment.”  Section 8-40-201(16.5)(a), C.R.S., 2005; Christie v. Coors Transportation Co., 933 P.2d 1330 (Colo. 1997); Lobb v. Industrial Claim Appeals Office, 948 P.2d 115 (Colo. App. 1997).  The determination of whether the claimant is capable of earning wages is a factual determination to be made by the ALJ based upon consideration of a number of “human factors.”  Christie v. Coors Transportation Co., supra.  These factors include the claimant’s physical condition, mental ability, age, employment history, education, and the “availability of work” the claimant can perform.  Weld County School District RE-12 v. Bymer, 955 P.2d 550 (Colo. 1998).

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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Monday, April 14, 2014

Self Administration Toolkit for WCMSAs

On April 11, 2014 the Centers for Medicare and Medicaid Services added a Self Administration Toolkit for Workers' Compensation Medicare Set-Aside Arrangements to its CMS.gov website. It can be viewed here.

The resource is designed to aid workers' compensation claimants in the self administration of their MSA accounts with the proper establishment of, and expenditures from, their WCMSA account. It describes self administration guidelines and procedures including the need to establish an interest bearing account for the funds and explains the payment of medical bills using MSA funds to reimburse providers and annual accounting requirements. It includes form letters to be provided to medical providers and sample transition records for MSA expenditures. Additionally, it explains circumstances where an MSA is temporarily and/or permanently depleted based on lump sum or annuity funding.  Read more...  

Original source by Gould & Lamb 

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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Thursday, April 10, 2014

Overworked America: 12 Charts That Will Make Your Blood Boil

Why "efficiency" and "productivity" really mean more profits for corporations and less sanity for you.









Want more rage? We've got 12 charts that show how the superrich spoil it for the rest of us.
In the past 20 years, the US economy has grown nearly 60 percent. This huge increase in productivity is partly due to automation, the internet, and other improvements in efficiency. But it's also the result of Americans working harder—often without a big boost to their bottom lines. Oh, and meanwhile, corporate profits are up 20 percent. (Also read ouressay on the great speedup and harrowing first-person tales of overwork.)

YOU HAVE NOTHING TO LOSE BUT YOUR GAINS

Productivity has surged, but income and wages have stagnated for most Americans. If the median household income had kept pace with the economy since 1970, it would now be nearly $92,000, not $50,000.

GROWTH IS BACK...

...BUT JOBS AREN'T

SORRY, NOT HIRING

The sectors that have contributed the most to the country's overall economic growth have lagged when it comes to creating jobs.

THE WAGE FREEZE

Increase in real value of the minimum wage since 1990: 21%
Increase in cost of living since 1990: 67%
One year's earnings at the minimum wage:$15,080
Income required for a single worker to have real economic security: $30,000

WORKING 9 TO 7

For Americans as a whole, the length of a typical workweek hasn't changed much in years. But for many middle-class workers, job obligations are creeping into free time and family time. For low-income workers, hours have declined due to a shrinking job market, causing underemployment.

LABOR PAINS

Median yearly earnings of:
Union workers: $47,684
Non-union workers: $37,284

DUDE, WHERE'S MY JOB?

More and more, US multinationals are laying off workers at home and hiring overseas.

PROUD TO BE AN AMERICAN

The US is part of a very small club of nations that don't require...

DIGITAL OVERTIME

A survey of employed email users finds:
22% are expected to respond to work email when they're not at work.
50% check work email on the weekends.
46% check work email on sick days.
34% check work email while on vacation.

THE SECOND SHIFT

Working moms pick up more child care and household duties than working dads—about 80 minutes more every day. Meanwhile, dads enjoy nearly 50 more minutes of watching TV and other leisure activities on a daily basis.

CHORE WARS

Thanks, guys—you're pitching in more than twice as much as you did in the '70s. But women still get stuck with the majority of work around the house.

















Sources
GDP/jobs: Organisation for Economic Co-operation and Development; Stephen Gordon, Université Laval
50 hours: Center for American Progress (PDF)
Second shift: Bureau of Labor Statistics (PDF)
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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Thursday, April 3, 2014

5 Things You should know about social security

Know your Social Security

For many Americans, Social Security benefits are the bedrock of retirement income. Yet future retirees could find themselves on shaky ground. The Social Security Board of Trustees, in its latest annual report, estimated that the retirement program would only be able to pay out 77 percent of scheduled benefits starting in 2033.
You can't control how the government might fix that problem. But you can educate yourself about Social Security to ensure that you claim the maximum amount of benefits to which you are entitled. Here are ten essentials you need to know.
It's an age thing

Your age when you collect Social Security has a big impact on the amount of money you ultimately get from the program. The key age to know is your full retirement age. For people born between 1943 and 1954, full retirement age is 66. It gradually climbs toward 67 if your birthday falls between 1955 and 1959. For those born in 1960 or later, full retirement age is 67. You can collect Social Security as soon as you turn 62, but taking benefits before full retirement age results in a permanent reduction of as much as 25 percent of your benefit.
Besides avoiding a haircut, waiting until full retirement age to take benefits can open up a variety of claiming strategies for married couples. (More on those strategies later.) Age also comes into play with kids: Minor children of Social Security beneficiaries can be eligible for a benefit. Children up to age 18, or up to age 19 if they are full-time students who haven't graduated from high school, and disabled children older than 18 may be able to receive up to half of a parent's Social Security benefit.
How benefits are factored

To be eligible for Social Security benefits, you must earn at least 40 "credits." You can earn up to four credits a year, so it takes ten years of work to qualify for Social Security. In 2014, you must earn $1,200 to get one Social Security work credit and $4,800 to get the maximum four credits for the year.
Your benefit is based on the 35 years in which you earned the most money. If you have fewer than 35 years of earnings, each year with no earnings will be factored in at zero. You can increase your benefit by replacing those zero years, say, by working longer, even if it's just part-time. But don't worry -- no low-earning year will replace a higher-earning year. The benefit isn't based on 35 consecutive years of work, but the highest-earning 35 years. So if you decide to phase into retirement by going part-time, you won't affect your benefit at all if you have 35 years of higher earnings. But if you make more money, your benefit will be adjusted upward, even if you are still working while taking your benefit.
There is a maximum benefit amount you can receive, though it depends on the age you retire. For someone at full retirement age in 2014, the maximum monthly benefit is $2,642. You can estimate your own benefit by using Social Security's online Retirement Estimator.
COLA isn't just a soft drink

One of the most attractive features of Social Security benefits is that every year the government adjusts the benefit for inflation. Known as a cost-of-living adjustment, or COLA, this inflation protection can help you keep up with rising living expenses during retirement. The COLA, which is automatic, is quite valuable; buying inflation protection on a private annuity can cost a pretty penny.
Because the COLA is calculated based on changes in a federal consumer price index, the size of the COLA depends largely on broad inflation levels determined by the government. For example, in 2009, beneficiaries received a generous COLA of 5.8 percent. But retirees learned a hard lesson in 2010 and 2011, when prices stagnated as a result of the recession. There was no COLA in either of those years. For 2012, the COLA came back at 3.6 percent; for 2013, the COLA was 1.7 percent, and for 2014, it is 1.5 percent. The COLA for the following year is announced in October.
The extra benefit of being a spouse

Marriage brings couples an advantage when it comes to Social Security. Namely, one spouse can take what's called a spousal benefit, worth up to 50 percent of the other spouse's benefit. Put simply, if your benefit is worth $2,000 but your spouse's is only worth $500, your spouse can switch to a spousal benefit worth $1,000 -- bringing in $500 more in income per month.
The calculation changes, however, if benefits are claimed before full retirement age. If you claim your spousal benefit before your full retirement age, you won't get the full 50 percent. If you take your own benefit early and then later switch to a spousal benefit, your spousal benefit will still be reduced.
Note that you cannot apply for a spousal benefit until your spouse has applied for his or her own benefit.

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.


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Friday, March 28, 2014

New Malaysia plane search area turns up objects

A New Zealand military plane, one of nine aircraft hunting for Malaysia Airlines Flight 370, found the objects Friday, though the Australian Maritime Safety Authority said on Twitter that it would likely be Saturday before one of the six ships on the way could and determine whether the objects were plane wreckage.
Australian officials said they turned away from the old search area, which they had combed for a week, because said a new analysis of radar data suggests the plane had flown faster and therefore ran out of fuel more quickly than previously estimated. The new area is closer to land and has calmer weather than the old one, which will make searching easier.
"We have moved on" from the old search area, said John Young, manager of AMSA's emergency response division. The radar data that was re-analyzed was received soon after Flight 370 lost communications and veered from its scheduled path March 8. The Beijing-bound flight carrying 239 people turned around soon after taking off from Kuala Lumpur, flew west toward the Malacca Strait and disappeared from radar.
The search area has changed several times since the plane vanished as experts analyzed a frustratingly small amount of data from the aircraft, including the radar signals and "pings" that a satellite picked up for several hours after radar contact was lost.
The latest analysis indicated the aircraft was traveling faster than previously estimated, resulting in increased fuel use and reducing the possible distance the aircraft could have flown before going down in the Indian Ocean. Just as a car loses gas efficiency when driving at high speeds, a plane will get less out of a tank of fuel when it flies faster.
Malaysia's civil aviation chief, Azharuddin Abdul Rahman, told reporters in Kuala Lumpur that analysts at Boeing Co. in Seattle had helped with the analysis of the flight.
Planes and ships had spent a week searching about 2,500 kilometers (1,550 miles) southwest of Perth, Australia, the base for the search. Now they are searching about 1,850 kilometers (1,150 miles) west of the city.
"This is our best estimate of the area in which the aircraft is likely to have crashed into the ocean," Martin Dolan, chief commissioner of the Australian Transport Safety Bureau, said at a news conference in Canberra.
He said a wide range of scenarios went into the calculation. "We're looking at the data from the so-called pinging of the satellite, the polling of the satellites, and that gives a distance from a satellite to the aircraft to within a reasonable approximation," he said. He said that information was coupled with various projections of aircraft performance and the plane's distance from the satellites at given times.
Dolan said the search now is for surface debris to give an indication of "where the main aircraft wreckage is likely to be. This has a long way to go."
Objects in the new search area were seen from a New Zealand air force plane, AMSA tweeted, adding that the find needed to be confirmed by ship.
Young indicated that the hundreds of floating objects detected over the last week by satellites, previously considered possible wreckage, weren't from the plane after all.
"In regards to the old areas, we have not seen any debris and I would not wish to classify any of the satellite imagery as debris, nor would I want to classify any of the few visual sightings that we made as debris. That's just not justifiable from what we have seen," he said.
In Malaysia, Defense Minister Hishammuddin Hussein said at a news conference that because of ocean drifts, "this new search area could still be consistent with the potential objects identified by various satellite images over the past week."
The new search area is about 80 percent smaller than the old one, but it remains large: about 319,000 square kilometers (123,000 square miles), about the size of Poland.
Sea depths in the new area range from 2,000 meters (6,560 feet) to 4,000 meters (13,120 feet), Young said. There are trenches in the area that go even deeper, Australia's national science agency said in a statement. That includes the Diamantina Trench, which is up to 7,300 meters deep, but it was unclear whether the deepest parts of the trench are in the search area.
If the wreckage is especially deep, that will complicate search efforts. The U.S. Navy is sending equipment that can hear black box pings up to about 6,100 meters deep, and an unmanned underwater vehicle that operates at depths up to 4,500 meters.
Young said a change in search area is not unusual.
"This is the normal business of search and rescue operations — that new information comes to light, refined analyses take you to a different place," Young told reporters. "I don't count the original work as a waste of time."
He said the new search zone, being about 700 kilometers (434 miles) closer to mainland Australia, will be easier to reach. Planes used so much fuel getting to and from the old search area that had only about two hours of spotting time per sortie.
The new area also has better weather conditions than the old one, where searches were regularly scrapped because of storms, high winds and low visibility.
"The search area has moved out of the 'roaring 40s,' which creates very adverse weather," Young said, referring to the latitude of the previous search area. "I'm not sure that we'll get perfect weather out there, but it's likely to be better than we saw in the past."
Australia's HMAS Success was expected to arrive in the area Saturday, Young said. The Chinese Maritime Safety Administration patrol boat Haixun 01 was also on site, and several more Chinese ships were on their way.
Malaysian officials said earlier this week that satellite data confirmed the plane crashed into the southern Indian Ocean.
Authorities are rushing to find any piece of the plane to help them locate the so-called black boxes, or flight data and voice recorders, that will help solve the mystery of why the jet, en route to Beijing from Kuala Lumpur, flew so far off-course. The battery in the black box normally lasts for at least a month.
Officials are already preparing for the hunt for the black box. A special U.S. Navy towed pinger locator and Bluefin-21 Autonomous Underwater Vehicle are to be fitted onto an Australian vessel, the Ocean Shield, when it reaches Albany, a port near Perth, in a day or two, said a government the official, who spoke on condition of anonymity because he was not authorized to speak to the media.
He did not say how long it would take to reach the search area.
An Australian government statement said investigators with technical expertise in maritime operations, flight data recorders, and materials and aerospace engineering were aboard the Ocean Shield.
The official said the Chinese ships are also expected to have acoustic sensors that can listen for black box pingers.
For relatives of those missing, the various clues and failed searches so far have just added to their agonizing waits.
The lack of results from the search gave one Malaysian family a little hope that the authorities were wrong in their calculations.
Eliz Wong Yun Yi, 24, whose father was on the plane, said her family stopped watching the daily Malaysian news conference because they felt the government was not upfront with information. All the new satellite data added to the confusion, she said.
"After so many days, still no plane. We will not believe what they say until the plane wreckage is found. I want to stay positive and believe that my father will come back," she said. Her father, Wong Sai Sang, a 53-year-old Malaysian property sales manager, had been on his way to Beijing for work.
If and when any bit of wreckage from Flight 370 is recovered and identified, searchers will be able to narrow their hunt for the rest of the Boeing 777 and its flight data and cockpit voice recorders.
Wong reported from Kuala Lumpur. Associated Press writers Scott McDonald and Eileen Ng in Kuala Lumpur, Kristen Gelineau in Sydney, Rod McGuirk in Canberra, Australia, and Nick Perry in Wellington, New Zealand, contributed to this report.

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.


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Thursday, March 20, 2014

MYTH #3: Workers’ Compensation Claims Improve With Age

Too frequently, I see adjusters treat complex claims like fine wine. They put the file in the back of their cellar (filing cabinet) and hope that, over time, it will become more palatable. They expect that the medical treatment will diminish, the demand will become more reasonable, and the situation will somehow improve to make resolution of the case easier. 
Working for an excess carrier we see nothing but complex claims. I can tell you with great certainty that these cases do not improve over time.
The longer a person is out of work, the greater the chance they will NEVER return to work. According to Bureau of Labor statistics, if an employee is off work for an occupational illness for more than one year, there is only a 25% chance they will return to work. If they are off work for two years, there is almost no chance of a successful return to work. 
In addition, medical costs ALWAYS increase over time. Over the last 10 years, medical inflation has been over 48%. Thus, even if the treatment regime stays consistent, your medical costs will go up. Unfortunately, the medical regime usually does not stay consistent. There are always new drugs available to treat a condition, or new treatment options being introduced. These new treatments and drugs usually cost significantly more than the established treatment and drugs they are replacing.
Since the situation will continue to worsen, the best time to try and settle the claim or take steps to mitigate the loss is NOW! The additional resources and funds you spend today in resolving complex claims can result in significant savings in the future when those claims are no longer sitting in the filing cabinet.
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.


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Tuesday, March 18, 2014

The Mystery of the Disappearing Malaysian Plane Deepens Even Further

| Tue Mar. 11, 2014 3:14 PM GMT
Here's the latest strangeness surrounding the disappearance of that Malaysian airliner:
As a search continued Tuesday for a Malaysian airliner that mysteriously disappeared,Malaysian military officials said radar data showed it inexplicably turned around and headed toward the Malacca Strait, hundreds of miles off its scheduled flight path, news agencies and Malaysian media reported.
....Search teams from 10 nations had initially focused their efforts mainly east of the peninsula....A high-ranking military official involved in the investigation confirmed that the plane changed course and said it was believed to be flying low, the Associated Press reported.
It is, of course, mysterious that the plane veered off course and turned west an hour after takeoff. But that's not the real puzzle. The plane disappeared on Saturday. If the Malaysian military tracked it turning west into the Malacca Strait in real time, how is it that it took them three days to bother telling anyone about this? That seems damn peculiar even if things were just generally fubared at the time. Here's another account:
The [Malaysian] air force chief did not say what kind of signals the military had tracked. But his remarks raised questions about whether the military had noticed the plane as it flew across the country and about when it informed civilian authorities.
According to the general’s account, the last sign of the plane was recorded at 2:40 a.m., and the aircraft was then near Pulau Perak, an island more than 100 miles off the western shore of the Malaysian peninsula. That assertion stunned aviation experts as well as officials in China, who had been told again and again that the authorities lost contact with the plane more than an hour earlier, when it was on course over the Gulf of Thailand, east of the peninsula. But the new account seemed to fit with the decision on Monday, previously unexplained, to expand the search area to include waters west of the peninsula.
It is unclear why the west coast contact, if correct, was not made public until now. Asked on Monday why crews were searching the strait, the country's civil aviation chief Azharuddin Abdul Rahman told reporters: "There are some things that I can tell you and some things that I can't."
Mysteriouser and mysteriouser.

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.


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