Independent Medical Examiners should only answer the questions posed by the referring client. These questions should be answered truthfully, without giving any benefit of the doubt to the referring client. Examiners should not opine on other areas. If there is any doubt regarding what issues the client would like addressed, these should be cleared [...]
Workers' Compensation Psychological Testing By: Steven Babitsky, Esq. All psychological tests used to evaluate workers' compensation claimants are not of equal value. The objective psychological tests should be afforded more weight by judges and workers' compensation professionals. Some common psychological tests that are subjective include: BDI-II BSI 18 [...]
Reducing Workers’ Compensation Costs By: Steven Babitsky, Esq. Employers, insurers and self-insurers are constantly looking for ways to reduce Workers' Compensation Costs. One of the key decisions they make is the selection of a workers’ compensation attorney. The criteria worker's compensation professionals should consider are: Is counsel a problem solver [...]
RED FLAGS IN WORKERS' COMPENSATION CASES By: Steven Babitsky, Esq. What do workers’ compensation case managers and other professionals look for to identify claims that are likely to be difficult to resolve? Workers' compensation "red flags" may be the most efficient and cost-effective way to identify these claims early on [...]
AMERICANS WITH DISABILITIES ACT AND CONFIDENTIALITY By: Steven Babitsky, Esq. Attorney Arthur Lambert, speaking at the SEAK National Workers Compensation and Occupational Medicine Conference, discussed the interplay between the ADA, FMLA, and Workers' Compensation laws. He discussed the confidentiality requirements of the ADA: The ADA's confidentiality requirements extend to medical [...]
SETTLEMENT OF WORKERS' COMPENSATION CLAIMS By: Steven Babitsky, Esq. Attorney H.D. Battle III, speaking at the SEAK National Workers' Compensation and Occupational Medicine Conference, recommended early settlement as a method of closing potentially protracted and costly claims. He recommended: Allow you to identify difficult legal issues that will prevent early [...]
THE AGING WORKFORCE AND WORKERS' COMPENSATION By: Steven Babitsky, Esq. There is little doubt that the United States workforce is aging and that this is impacting workers' compensation claims and payments. Attorney Kip Kubin, speaking at the SEAK National Workers' Compensation and Occupational Medicine Conference, reported that: - According the [...]
RETURN TO WORK IN WORKERS’ COMPENSATION By: Steven Babitsky, Esq. What can employers do to help facilitate return to work for injured workers? Attorney Richard Swanson, speaking at the SEAK National Workers’ Compensation and Occupational Medicine Conference, suggested the following return to work strategies for employers: Employer RTW Strategies Contact [...]
FCEs IN WORKERS’ COMPENSATION CASES By: Steven Babitsky, Esq. A functional capacity evaluation is undertaken to determine what functional abilities an injured worker has and to help determine if he/she is ready to return to full duty or modified work. Jill Galper PT, speaking at the SEAK National Workers' Compensation [...]
ORTHOPEDIC OCCUPATIONAL KNEE INJURIES By: Steven Babitsky, Esq. When are knee injuries compensable under workers' compensation? Often overlooked in the analysis of the claim is the mechanism of injury. What actually happened to the claimant and his knee at work? For ligament injuries, a direct blow can cause: Bone bruises [...]