Workers Compensation - Washington

Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Page 60 of 68

Workers compensation law firm transition into January 2019

Wrapping Up a Very Busy January in Our Workers’ Compensation Law Firm

/ / 0 Comments

I am very busy these days. While the past few weeks have handed me no shortage of professional challenges, and while I’ve certainly had my moments of frustration, I’m not complaining. A lot has changed since I came on board at Casey & Casey P.S. and founded Reck Law, PLLC. Changes are going to continue as we improve and grow in our exemplary representation of injured workers throughout the Peninsula and across the State. I’m going to continue being busy for a long time to come.

 

I’ve received compliments lately on my work ethic and accomplishments since taking the helm at Casey & Casey. While I appreciate the compliments and the sentiments behind them, sometimes I feel like people think this is nothing more than a gamble. It is very early, and time will only tell how my business will grow and evolve, but my decision to take the lead at Casey & Casey, P.S. and to launch Reck Law, PLLC was no gamble. It was a calculated and deliberate decision I made because I was ready to take the next step in my career, because I believe in my representation of injured workers, and because this is exactly what I want to do.

 

Tonight, as I reflect on what has been a very full day, I am grateful for everything I was able to accomplish. I started my morning by having a great strategic conversation with an incredible client. I met an injured worker who is not my client, but who is finishing up a retraining plan under his claim and about to start a new career as a paralegal after sustaining a career ending industrial injury. I participated in a vocational meeting that provided my client with hope for a fulfilling future after years of struggling following a catastrophic injury. I participated in several conferences, and finally made some forward movement in a case that has been standing still. I participated in a conference with an injured worker, her attending physician and the medical director to try and develop a treatment plan for a complex condition. Finally, I took testimony from an attending physician as part of an ongoing Board hearing. In other words, I enjoyed an incredibly busy day doing the work I am passionate about doing.

 

As the first month of 2019 comes to an end, I want to thank my wonderful clients and everyone who has encouraged and supported me at Casey & Casey, P.S. | Reck Law, PLLC. You are the best family, friends, staff, colleagues, and clients I could ask for. There is a lot of work to do and I’m ready to do it.

Attending Physician For L&I Workers Compensation Claim

Finding an Attending Physician for Your L&I Workers’ Compensation Claim

/ / 1 Comment

Injured workers are required to designate an attending provider or attending physician (AP) on their L&I claim or workers’ compensation claim. In very simple terms the AP is the medical provider that manages treatment, reports progress to L&I, and assesses the injured workers’ medical ability to return to work in regular intervals as the claim progresses. It is the injured worker who gets to choose their AP, but the AP must be within L&I’s medical provider network (MPN) and the chosen provider must be willing to see the injured worker.

 

I’m often asked by injured workers what kind of AP they should select. People are often concerned with finding a provider that will be “good” for their case and often believe that in order for the provider to be “good” they must be a MD. While the opinions of medical doctors can sometimes carry greater weight than other types of providers, I don’t always agree that an MD is the best AP. I usually tell injured workers to select an AP they are comfortable with. It is important for injured workers to have good communication with their providers, to feel comfortable with the medical advice they are given and with asking questions. It is also important for injured workers to have attentive AP’s that pay attention to the facts and details of the claim, provide appropriate and well-reasoned treatment recommendations and referrals, and who are willing to respond to inquiries from the Department.

 

There are many kinds of medical providers that can be APs including, but not limited to, medical doctors (MD), osteopathic doctors (DO), chiropractors (DC/DCM), naturopaths (ND), physicians’ assistants (PA-C), and advanced registered nurse practitioners (ARNP). Many injured workers are surprised to learn that their “family doctor” or “primary care physician” may be within the medical provider network and able to take on the role of AP. Therefore, it is best to take your time and do your research when selecting an attending physician. Injured workers can change the AP designation by filling out a Transfer of Care card, and can search for MPN providers through the Department’s Find a Doc website.

L&I and workers compensation claim for hearing loss injury

L&I and Workers Compensation Claims for Loss of Hearing Injuries

/ / 18 Comments

I’ve been working on a hearing loss claim and thought it would be a good idea to share some basic information about occupational hearing loss L&I claims in Washington State. Hearing loss claims are governed by RCW 51.28.055. Unless hearing loss occurs as a direct result of a sudden, traumatic event (which would be more appropriately classified as an industrial injury), occupational hearing loss claims are typically allowed as occupational disease claims. This kind of hearing loss is usually called sensorineural hearing loss.

 

However, these claims have some particular rules related to the timing of filing a claim that can significantly impact the long term value of the claim. In short, claims for occupational disease hearing loss must be filed within two years of being informed in writing by a physician or ARNP that an occupational disease claim exists and that a claim may be filed. As a practical matter, it is very rare for a physician or ANRP to put this kind of information in writing without taking the additional step of filing a claim. Therefore, it is very rare to see claims be denied solely because an application was not filed within an appropriate timeframe.

 

It is very important to know that just because an occupational hearing loss claim is allowable does not necessarily mean it is compensable. For an individual for a hearing loss claim to receive compensation under the claim (most frequently a Permanent Partial Disability or PPD award) the claim must be filed within two years of when the worker was last exposed to occupational noise in employment. In order words, if an individual stops working in an environment with occupational noise exposure in 2010 and does not file a claim until 2020, the claim may be allowed for medical aid benefits (typically hearing aids and lifetime repairs or replacements) but not other monetary benefits such as a PPD.

 

In summary, if you are a worker and you believe that your work has contributed to your hearing loss it is best not to delay in seeking out a medical examination to assess your hearing loss and to file a claim for occupational disease hearing loss to ensure that you will be afforded both medical and compensation benefits under the Industrial Insurance Act.

« Older posts Newer posts »

Subscribe to my newsletter

    Privacy Policy

    Terms of Use

    © 2024 Workers Compensation – Washington

    Theme by Anders Noren — Up ↑