Showing posts with label Medical Treatment. Show all posts
Showing posts with label Medical Treatment. Show all posts
The limits on a total permanent disability award

The limits on a total permanent disability award

The New Jersey Supreme Court recently heard oral argument concerning the mathematical limits of a workers’ compensation total disability case. At the heart of the case is the issue of whether an injured worker could have an increase in a pre-existing permanent partial disability [PPT] claim, that existed prior to the last compensable injury which was to another part of the body. The last compensable claim rendered the worker totally and permanently disabled.

Medical benefits comprise a significant portion of the benefits provided to an injured worker who has suffered an occupational injury or traumatically caused disability. Not allowing the petitioner to increase the award of a pre-existing compensable condition that results in the termination of the medical benefit flowing from that specific injury. Even if the need for medical treatment for the prior claim existed in the time-frame for filing an application to reopen or modify the prior award, the medical benefit would be extinguished should the Application to Review or Modify the Claim [Reopener] be barred. To eliminate benefits in such a fashion the injured worker's attorney argued would inappropriately shift the cost of medical care in most cases to Medicare or Medicaid contrary to the Social Security Act and regulations governing the Centers for Medicare and Medicaid Services [CMS] and contrary to the Medicare Secondary Payer Act [MSP].

In the case argued, the employer was responsible for providing benefits under the NJ Workers’ Compensation Act for both the original accident, involving back injury and a subsequent injury, involving the neck and shoulder. The neck and shoulder injury rendered the injured worker totally and permanently disabled and involved Second Injury Fund [SIF] contribution. The employer argued that the injured worker should not be permitted to file a Reopener.  Consequently, the injured worker would be denied the ability to seek authorized medical care as well as a small increase in PPT.

The SIF, which contributes to total permanent disability [TPD] awards, when there are pre-existing medical conditions that combine with the last compensable injury to render the injured worker PPT.  Frank A. Petro, Esq., attorney for the injured worker, Respondent, argued that the pre-existing partial disability award should be increased thereby extending the statute of limitation for medical benefits for the pro injury as well as increasing PPT.  There was no stipulation or provision in the order addressing the issue of continued medical treatment.

Mr. Petro did not argue for concurrent PPT and PTD compensation payments,  specifically payments past the date of totality. The parties did agree that the NJ workers’ Compensation Act did not specifically address the issue of the payment of concurrent and/or consecutive payments.

Click here to view a video recording of the oral argument. (Courtesy of the Rutgers School of Law - Newark))

Title: CATRAMBONE V. BALLY'S PARK PLACE; SECOND INJURY FUND
Date: 2016-11-29 01:01:17
Description: Under the circumstances presented, did the Division of Workers Compensation err in awarding the petitioner an increase in disability for one of his two conditions?
Doc ID A-60-15
Appeal taken from an unreported opinion NJ App Div found at 2015WL7079047

Counsel                      Type
Chery B. Kline           Respondent

Frank A. Petro            Respondent
Victimizing Undocumented Injured Workers

Victimizing Undocumented Injured Workers

NY TIMES QUOTATION OF THE DAY

"I was shot by terrorists, and it feels like the people I worked with are 
victimizing me all over again."

VALERIE KALLIS-WEBER, 59, a victim of a mass shooting in San Bernardino, Calif., last year, on medical treatments that have been denied or delayed under the workers' compensation system that covers her care.

Click here to read the entire article, "‘Victimizing Me All Over Again’: San Bernardino Victims Fight for Treatment" NY Times 11.30.2016

In New Jersey, "...without benefit of a legislative directive to the contrary, undocumented aliens are entitled to workers' compensation benefits. While undocumented aliens are not performing any illegal work, the court has reasoned that the New Jersey Workers' Compensation Act is not subject to any prohibitions similar to the unemployment law of each state which must comply with Federal standards; granting unemployment benefits to undocumented aliens would violate these standards."
Montoya v. Gateway Ins. Co., 168 N.J.Super. 100, 401 A.2d 1102 (App.Div.1979), certif. den. 81 N.J. 402, 408 A.2d 796 (1979). "The need for medical treatment is not a benefit derived from immigration status but rather from employment status. Mendoza v. Monmouth Recycling Corporation, 288 N.J.Super. 240, 672 A.2d 221 (App.Div.1996)." Gelman, Jon L., 38 N.J. Prac., Workers' Compensation Law § 11.8 (3d ed.).

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). 

For over 4 decades the
Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  has been representing injured workers and their families who have suffered occupational accidents and illnesses.
NJ Judge Orders Psychotherapy Sessions In Conjunction With Pain Management

NJ Judge Orders Psychotherapy Sessions In Conjunction With Pain Management

A NJ Workers' Compensation Judge Ordered the continuation of medical services to an injured worker who has been struggling for years because of chronic knee pain depression and anxiety despite the objection of the employer who sought to terminate care. The Judge Philip A. Tornetta, Administrative Supervisory  Judge of Compensation, adopted an innovative approach  in attempt to reduce or eliminated prescribed drugs including, "Oxycontin for her knee  pain, Lexapro for depression and Xanax, which helps her sleep."


Judge Tornetta reasoned, ".....In the present case,  I find  and conclude that  petitioner  has reached maximum medical improvement with reference to psychotherapy treatment. Continued  long  term treatment will not change her condition.  The treatment petitioner has received up to this point  has  provided her with the strategies and techniques to help her function and deal with her daily life activities and her self-esteem issues and enable her to  cope with the negative effects her injuries have had on her marriage,  her responsibilities to her young daughter and the challenges that occur in everyday life.  I find there  is nothing to indicate that the continued, long term  attendance  at psychotherapy sessions,  as frequently as has been provided previously, is necessary for  petitioner’s successful, continued use of the techniques and strategies  which have already been  provided to her."

In structured and scheduled system of psychotherapy treatment sessions the Judge provided guidance to the parties in reaching the goal of further medical improvement.

Bannon v. Ridgefield Board of Education, CP#2008-30924 and 2009-33181,(NJ DCW - Bergen County District) Decided Jan. 13, 2016, Post on-line 03-18-2016