Colorado Workers' Comp Guide Free eBook

Exposure to asbestos is a nationwide problem that’s persisted for many decades. Anyone who inhales dust or air contaminated by asbestos can experience disastrous health problems over the course of their lives.

These health problems ultimately lead to high medical bills and personal suffering. Asbestos materials are found in several components (i.e. roof, flooring, etc.) in many older homes and buildings

One case in Mississippi particularly stands out due to the record amount of the compensation – in May, a jury ordered Chevron Phillips Chemical and the Union Carbide Corp. to award $322 million in compensation for asbestos exposure and related illnesses to a worker who inhaled asbestos fibers while mixing drilling mud.

Thomas C. Brown, the worker and claimant, was responsible for mixing drilling mud manufactured by the two companies. His case claims he was exposed to asbestos from around 1978 through the mid-‘80s…as a result, Mr. Brown developed asbestosis.

His suit claims the manufacturers of the drilling mud didn’t provide sufficient warnings to the workers for the potential of asbestos exposure.

Symptoms of asbestosis include chest pains, shortness of breath and coughing according to the National Center for Biotechnology Information.

Both companies are appealing the decision.

“The credible medical evidence introduced at trial clearly demonstrates that, while Mr. Brown suffers from shortness of breath, such condition is not attributable to asbestos exposure,” claims Union Carbide.  

Shortly after the jury award, Union Carbide filed a motion to have the award thrown out after it was discovered the judge’s father had filed an asbestos claim in the past. The company says this represents an obvious conflict of interest and maintains the whole award should be tossed since it wasn’t previously disclosed.

Asbestos is a serious issue plaguing workers across the U.S, including Colorado. Undoubtedly you’ve seen advertisements for class-action lawsuits regarding asbestos. Since much of the exposure occurred years ago, it’s difficult for a standard workers’ compensation claim to adequately pay for the medical expenses, lost wages and pain and suffering for those affected.

Fortunately today, workers are better prepared to deal with asbestos. Many buildings have removed these toxic materials and many continue efforts to address this threat to public health.

If you’re injured on-the-job, employers and workers’ compensation insurers may follow-up to verify your injuries are as reported. Is your back really injured to the point that you can’t work or otherwise perform your full job duties?

Many workers’ compensation cases in Colorado and across the country have been dismissed in the past because the injured worker was seen mowing his lawn or out doing some strenuous activity outside of work.

Minor activities are one thing…it can be argued that you were having a ‘good day’ and felt well enough to do a few chores for example.

But many though may feel too good in the eyes of employers and insurers – mountain biking, hiking, dirt biking – are a few examples of activities that may draw attention.

Many incidents like these are easily spotted through social media sites like Facebook, personal blogs and so on.

With the growing popularity of these online social tools, employers and insurers are increasingly watchful of injured employees online. If they see a recent picture on Facebook of you out having fun or doing strenuous work while claiming to be injured, they then have a strong argument for dismissing your case.

What may seem as an innocent picture could be used as ammunition against you. And while case law regarding social media and workers’ compensation is slim, judges have ruled that insurers can introduce evidence obtained online. The argument is if it’s a picture posted online, it’s no longer considered private.

Therefore, be mindful of what you and your friends and family post on the Internet. It can come back and haunt your workers’ compensation claim. While some cases are clear fraud on the part of the worker, others are simple mischaracterizations of what was actually going on.

 Over the last decade, the abuse of prescription drugs has reached alarming levels. From 1997-2007, prescriptions for opioid pain relievers has jumped by 400% according to the U.S. National Survey on Drug Use and Health.

Data from the survey also shows that deaths from overdosing on prescription pain killers in 2007 exceeded those of heroin AND cocaine combined.

Many of these prescriptions are issued to injured workers through their workers’ compensation claims. However, the issue has received little attention which is sad considering the extent of the problem in the general population.

To try and address this issue, a special session will be held at the IAIABC annual convention to explore the human and financial costs of prescription drug abuse and workers’ compensation.

On his Managed Care Matters blog, Joe Paduda says it is “unknown how many workers’ comp claimants are dying from opioid overdoses…I’m thinking the unknown will not remain unknown for much longer…Here’s hoping we get to solutions pretty quickly.“ Mr. Paduda will be leading the upcoming session taking place in Madison, Wisconsin.

In addition to the consequences of narcotics abuse and how certain aspects of the system encourage abuse, the session will also examine Washington State’s successful efforts to curtail this problem.

Dr. Gary Franklin of the Washington Department of Labor & Industries will share results of his state’s program during the session, which established strict dosing guidelines and regulations for the administration of prescription pain killers. Dr. Franklin will share results of their efforts, including addiction rates and costs for the prescriptions themselves.

Drug addiction is a very serious problem affecting millions of Americans. These issues can cause major problems in the workers’ comp system if they’re not addressed. This session at the IAIABC convention next month is a good first step toward addressing the problem.

IAIABC is short for the International Association for Industrial Advisory Boards and Commissions. Their annual conference will take place August 22-25 in Madison, Wisconsin. Workers’ comp agencies from Colorado and around the nation converge on this event to discuss current issues facing injured workers.

Known in short-hand as ‘fracking,’ natural gas fracturing involves the injection of water, sand and chemicals deep into the ground at high pressure. These injections blow open fissures in rock formations and allow natural gas to flow up the well.

Fracking wells found across the U.S. have been a boon of sorts to the natural gas industry many say. Colorado has many of these wells in operation as do other states around the U.S.

However, the practice does have its detractors who say it poses risks to public health, the environment and workers on the rig(s).

In 2008, the same year Colorado adopted disclosure rules for chemicals used in the ‘fracking’ process, a nurse in Durango fell gravely ill after treating a worker exposed to a chemical spill. Other injuries have been reported – most notably earlier this year at a fracking well in Pennsylvania where 3 people were killed in a chemical explosion.

Another explosion in Canada was the cause of the 13 injuries, one of them critical.

Aside from injured workers, many in Colorado and across the U.S. claim the injection of these chemicals contaminates groundwater and possibly leads to cancer.

Industry officials and regulators though claim the contrary. Regardless, Colorado does require well operators provide a list of the chemicals they use when regulators ask for it…these lists are not made public though.

Some wells in Colorado do participate in Frac Focus, a voluntary reporting system companies use to disclose the chemicals used in their ‘fracking’ operations.

Recently, the Colorado Oil and Gas Commission sought a review of how these activities should be regulated. Included in this independent review are environmentalists, industry leaders and state regulators.

David Neslin, executive director of the Colorado Oil and Gas Conservation Commission invited the independent review. Neslin though says “To date, we have identified no verified instance of hydraulic fracturing chemicals contaminating groundwater in Colorado. But I don’t think that ends the discussion.”

However, a recent investigative series in the New York Times claims the wastewater from fracking contains high levels of radioactivity and could potentially find its way into drinking water supplies. Another document produced by an EPA consultant concluded that some municipal wastewater systems were incapable of removing all of the contaminants found in the wastewater.

Regardless of these potential environmental impacts, handling chemicals can be quite dangerous. Workers injured from these operations in Colorado and elsewhere qualify to receive treatment and wage loss benefits for any injuries. Effects from the chemical exposure though can take years to reveal themselves.

If you’ve fallen ill due to chemical exposure or have been injured by an accident on-the-job at a fracking operation, we invite you to contact work injury attorneys in Denver at the Babcock Law Firm for a free consultation today.

It’s that time of year again when the Colorado Department of Workers’ Compensation issues new benefit guidelines for the upcoming fiscal year. In Colorado state government, each fiscal year runs from July 1st through June 30th each year.

And each year, maximum benefit payments for workers’ compensation change. Last year, we reported on these guidelines…this year is no different, just different amounts.

To be clear, maximum benefits means the highest dollar amount you can legally be paid in workers’ compensation wage loss benefits in the event of an on-the-job injury. These benefits include:

•    Temporary total disability
•    Temporary partial disability
•    Permanent total disability
•    Death benefits

As you know, this is separate from medical benefits, which pay all necessary medical expenses connected with an on-the-job injury.

Currently, the maximum average weekly stands at $810.67 – meaning, the beneficiary (i.e. injured worker or spouse) could receive no more than that amount each week for the benefits listed above.

After July 1st, this maximum rate will jump to $828.03…to qualify for this maximum rate, an injured worker will need to be earning at least $1242.04 per week. Workers’ compensation laws in Colorado stipulate that the maximum benefit shall be 91% of the average weekly wage for workers in the state.

Also, Colorado law requires insurers to pay wage loss benefits at least every two weeks.

Other changes in benefit amounts for the 2011-2012 fiscal year include:

•    Scheduled Impairment Rate – increasing to $260.59 per week
•    Bodily Disfigurement – Standard max increasing to $4396 for standard disfigurement and $8792 for extensive scars and loss of limb

In addition to these weekly limits taking effect at the beginning of July, other limitations capping the total amount an injured worker can receive will change as well. Total limits for wage loss compensation benefits, or what’s called ‘statutory caps,’ for injuries occurring on or after January 1, 2012 will be the following:

•    For injuries with a doctors’ impairment rating of 25% or less – $76,605.00
•    For injuries with a doctors’ impairment rating of over 25% – $153,210.00

To learn more about these benefits, visit our Colorado workers’ compensation knowledge center today…our new e-book should be out soon, giving injured workers like you an all-in-one place to learn what you need to know to secure the benefits you need.

And if you’ve been injured on the job and are experiencing difficulty in obtaining your benefits, Denver attorneys for injured workers at the Babcock Law Firm can give you a distinct advantage in obtaining the maximum amount of benefits legitimately afforded to you under the law.

Injuries to the shoulder area are especially common among athletes and injured workers. If you’re high up on a ladder and fall on a concrete surface, it’s likely your shoulder will take the brunt of the impact.

Following injuries like this, many Colorado workers and athletes undergo shoulder pain surgery to mitigate the effects of the fall.

Once the surgery is complete, surgeons would sometimes directly inject pain medication into the shoulder. Over the last couple of years though, patients have shown signs of complete cartilage breakdown in their shoulders. This condition is technically known as postarthroscopic glenohumeral chondrolysis, or PAGCL.

While videos and advisories from the U.S. Food and Drug Administration have alluded to the connection of pain pumps and this debilitating condition, many injured workers and athletes are claiming the direct injection of pain medication into their shoulder(s) is making matters worse, not better.

Many doctors are advising the injection be limited to the soft tissue surrounding the shoulder and not the shoulder itself. This method in fact is the only one approved by the FDA.

Direct injection of pain medication to the shoulder generally leads to some irreversible damages in patients. Many are considering legal action to obtain compensation for damages stemming from this terrible situation.

According to the FDA, the question remains as to why. What attributes of shoulder pain pump injections lead to a breakdown in cartilage in the shoulder? Is it the drugs themselves, the materials in the infusion (pain pump) device or a combination of both?

Regardless of this question, manufacturers of local anesthesia have been asked by the FDA to include warnings to patients about the dangers of direct injection. Pain pump manufacturers have also been asked to include these warnings.

Since shoulder cartilage doesn’t regenerate, patients who lose it must undergo a complete shoulder replacement.

Injured workers and athletes in Colorado need to be aware of this fact when addressing shoulder pain. Be sure you obtain the opinion of different surgeons before opting to have pain medication injected directly in your shoulder.

Remember, injured workers must follow a certain process for obtaining 2nd and 3rd  medical opinions as per Colorado workers’ compensation statutes.

If you’ve experienced adverse affects from a pain pump (post-surgery) or if you’ve sustained a major shoulder injury on-the-job that may require surgery, contact Denver workers’ compensation attorneys at the Babcock Law Firm today to discuss your case.

Ensure you’re not stuck with a condition that’s even more difficult to overcome. Worse yet, don’t get stuck with a condition that you will end up having to pay to get fixed.

Besides the dawning of spring, March to May is generally the time state legislatures convene to pass budgets and consider other issues.

This year in Colorado, tweaks in workers’ compensation legislation is being considered by lawmakers in Denver.

Introduced by Sen. Lois Tochtrop, Senate Bill 11-199 makes slight changes to Colorado workers’ compensation statutes. A companion bill was filed in the Colorado House on April 25th.

S.B. 11-199 makes a few slight changes to current statute and includes the following 4 sections:

Section I – Requires employers to pay all reasonable and necessary medical costs if further treatment is recommended by the authorized physician after Maximum Medical Improvement (MMI)…provided of course there is no contrary opinion in the record.

Section II – Repeals the condition where represented parties must all AGREE to engage in discovery and instead assumes that if all parties have legal representation, then discovery is available.

Section III – If an employer requests the worker attend an examination, section III requires them to pay the claimant’s cost(s) in advance.

Section IV – Prohibits the payment of lump-sums be conditioned on the claimant (worker) waiving the right to pursue permanent total disability payments. This rule applies to all requests regardless of the date of injury.

For the most part, these changes are pretty simple and straight forward. Both the House and Senate versions are under consideration at this time. They’ve each progressed in their respective chambers.

We’ll have an update if and when Colorado Gov. Hickenlooper signs a workers’ comp bill.

 Colorado voters in 2000 passed an amendment to the state’s constitution allowing for the lawful use of medical marijuana under certain conditions. In addition to Colorado, many other states have passed such measures.

These laws stand in direct contrast to federal marijuana laws. Under the U.S. Controlled Substances Act, it is illegal for a doctor to prescribe marijuana to a patient…they can recommend it but cannot prescribe it.

Conflicts between state and federal laws raises a boat load of questions – one of those is how does medical marijuana fit into the workers’ compensation framework.

Workers are unsure of their rights and employers are uncertain as to their obligations under these new laws. Some issues are pretty clear-cut while others are quite vague, leading to a multitude of questions from workers, employers and insurance carriers.

One thing is quite certain though – Amendment 20 does not allow a person to smoke marijuana on the job. Employers are not required to allow the use of marijuana on the job either. Workers’ comp laws in Colorado in fact strip 50% of an injured worker’s wage loss benefits if it’s determined they were under the influence of medical marijuana while at work.

Beyond that though, there are many ambiguities as to what accommodations employers need to make.

One ambiguity in the law the courts have not addressed is whether an employee with a medical marijuana card can be terminated for having any trace of pot in their system. Since federal law considers marijuana possession a crime, courts in other states allowing medical pot have found employers can in fact restrict its use OUTSIDE of work as well.

This fact leaves terminated employees with hardly any recourse.

Another issue surrounding medical pot and workers’ comp in Colorado is insurance…the law does not require insurers to cover the expense of medical marijuana. Additional issues arise when an employer or insurer is based in another state that does not allow medical marijuana.

If they chose to pay a claim involving pot, would they be in violation of their state laws as well as federal law?

All of these answers are pretty vague at this point in time. Some have suggested medical marijuana be treated just like regular prescription drugs, which would make for an orderly transition. Federal law however casts doubt over whether that is a viable option or not.

For the time being, individual employers are setting their own policies. As time goes on, many of these issues will be debated in the courts and only time will tell how medical marijuana integrates into the state’s workers’ comp system.

Until that time comes, much uncertainty will unfortunately be the norm for both employers and workers injured on-the-job or who have chronic medical conditions.

If you’re employer is giving you difficulty in handling your workers’ compensation case because of this ambiguity, contact Denver workers’ compensation attorneys at the Babcock Law Firm today for a free consultaion.

Asbestos exposure from working in older buildings is a serious health threat to thousands of workers. Some have died while many have been stricken with debilitating cancer in the lungs and other tissue in the body.

The earlier these conditions are detected, the more likely they can be dealt with successfully.

Researchers at New York University’s Langone Medical Center recently discovered a method to detect pulmonary cancer related to asbestos in its early stages. More specifically, the test detects a certain kind of protein secreted from cancerous tumors and cells.

In a blind test organized by an outside organization, researchers were able to detect 15 of 19 malignant pleural mesothelioma cases that were either in stage 1 or stage 2…this particular study shows the protein detecting method discovered by NYU researchers is approximately 80%  sensitive in identifying the disease.

To discover the presence of this protein, researchers used what’s called a “Multiplex SOMAmer Assay” by SomaLogic, Inc. to analyze 170 blood samples from 90 or so patients diagnosed with the disease. They also analyzed 80 individuals who were simply exposed to asbestos but haven’t become ill.

Specifically, this technology uses chemically-modified strands of DNA to bind to specific proteins only present if you have a mesothelioma condition.

“The goal of a new diagnostic test is to find the cancer early enough to effectively treat it,” comments Harvey Pass, M.D., director of the Division of Thoracic Surgery at NYU. “When found early, the magnitude of the operation necessary to reduce the burden of disease may be less, making the patient better able to cope if the disease recurs and the patient needs more aggressive therapy.”

Malignant pleural mesothelioma develops in the lining of the lungs and is a very aggressive form of asbestos-related pulmonary cancer. Each year, approximately 20,000 people die from this disease worldwide.

If you or a loved one has been exposed to asbestos, it’s important you get tested today. If conditions of a workplace brought on these conditions, you may qualify for workers’ compensation benefits to pay for any treatment and lost wages.

If you’ve been exposed and tested positive for mesothelioma, contact workers’ comp attorneys at Denver’s Babcock Law Firm today for a free consultation.

Some workplace injuries simply do not create new medical problems, they make other conditions re-appear. Workers who may have had prior back pain or bad knees could see these pre-existing conditions come back with a vengeance if the right circumstances are there.

Generally speaking, any workplace injury that aggravates a pre-existing condition is covered under workers’ compensation in Colorado.

Some employers though try and deny workers’ compensation claims by telling the worker pre-existing conditions are not covered.

If the condition was caused or aggravated by a non-work related event, then this argument from employers has merit.

But if a pre-existing condition was aggravated, or reappeared, due to activities at work, treatment for these conditions is covered under workers’ compensation in Colorado.

Sustaining a workplace injury that aggravates a pre-existing condition is a terrible position to be in.

If you’ve sustained a workplace injury that’s aggravated a pre-existing ailment or condition, you need to answer the following questions:

•    Was your pre-existing condition bothering you before your injury at work?
•    Did the incident cause your pre-existing condition to hurt more?
•    During or after your injury, did any strange noises or feelings come from the area of your pre-existing condition?
•    Has pain gone to a different location in the same body part affected by the pre-existing condition?
•    Have you experienced even more limits on your range of motion after your injury?

If you’ve answered yes to any of these questions, then it’s likely your workplace injury is covered by workers’ compensation in Colorado. And when considering pre-existing conditions and workplace injuries, we consider how the injury is affecting treatment for your current or pre-existing condition.

Will treatment for the pre-existing condition need to resume or increase in frequency as a result of the workplace injury?

To learn more or see if treatment for a pre-existing condition is covered under workers’ comp, contact Denver workplace injury attorneys at the Babcock Law Firm today for a free consultation.