Would you be surprised if I told you that those photos you uploaded to Facebook, or that video of your child’s basketball game now playing on YouTube, or even your restaurant “check-in” on Yelp could cost you thousands of dollars and seriously undermine your workers’ compensation case? Unfortunately all of these things have happened to men and women pursuing work injury claims in Georgia.
If you did not realize this already, understand that privacy in the United States is pretty much dead. If you participate in social media like:
- My Space
- Yelp
- Tumblr
- Wordress (blogging)
- Blogger
- YouTube
- and many more
information about your life can be available to anyone who is looking. And you can bet that insurance adjusters and insurance defense lawyers are looking. While private eye surveillance is still used, insurance defense adjusters also run searches for you on various social media platforms. If they see you running, jumping, lifting or doing anything inconsistent with your claimed injury, they will use that video, photograph or post as grounds to cut off your benefits.
A colleague of mine tells the story of a client of his who decided to video her son’s high school wrestling match and thereafter uploaded to YouTube. At one point the video shows the claimant climbing bleachers, then jumping up and down to cheer her son. Unfortunately this woman was asserting a job injury to her hips and lower back that she claimed was disabling. When confronted with the video, she insisted that the wrestling match was a one-time event and that she ended up in bed for a week thereafter. The workers’ compensation judge did not accept this argument and upheld the insurance company’s termination of benefits. A case that could have settled for $50,000 to $75,000 ended up settling for nuisance value of less than $5,000.
Don’t let this happen to you. If you are pursuing Georgia workers’ compensation benefits, close or suspend your social media activities until your case is over.
Filed under Georgia Workers' Compensation by 
If you have never been involved in the Georgia workers’ compensation system before, you may be shocked and disappointed to learn that some of the physicians you meet seem to have an agenda other than your health and best interest. The Georgia workers’ compensation statute has created an environment where insurance companies have a financial interest to find and use doctors who downplay the seriousness of your injuries and who intentionally avoid referring you for necessary, but expensive care. The net result of this system can mean delay and unnecessary suffering for you.
I sometimes receive calls from injured workers who are receiving weekly wage benefits as well as medical care, who wonder why they should hire counsel if everything “seems to be working out okay.” Sometimes they sense that something is not quite right but are wary of rocking the boat.
Know Your Doctor’s Reputation
I respond that one of the most valuable services I offer my clients has to do with my knowledge of and opinions about the medical providers that accept workers’ compensation referrals in Georgia. After 20+ years of practice in this area of law, I have seen or know about the biases and quality of work offered by most of these doctors. More on What to do About Substandard Medical Care in Your Workers’ Compensation Case
Often, when a worker injures his back on the job, the human resources manager will take down a claim and refer the worker to an industrial clinic for evaluation and treatment. All too often, the industrial clinic or other posted panel doctor will take X-rays, perform some basic neurological tests, then release the worker back to full duty work after a day or two of rest.
I often get these cases four to six weeks later when the injured worker finds himself unable to work because of severe back pain and limited mobility. In some instances the injured worker faces pressure and even harassment from his employer due to his decreased productivity, and when I get the case, the employer/insurer may try to argue that any serious injury to the employee may have happened at home instead of at work.
Recently I represented a very nice young man in a back injury case that clearly demonstrates why X-rays are insufficient to evaluate back pain.
My client is a 31 year old man whose job involved installing and reinstalling fence posts. Starting at 8 AM, my client, using a sledge hammer, loosened fence posts by breaking up their cement foundations, cleaned the post base, then reinstalle the post with fresh cement. Beside using the sledge hammer, my client had to carry heavy buckets of cement and pour them in to holes in the ground.
By 2 PM that day, my client felt a “pop” in his back when he tried to lift the sledge hammer and he felt radiating pain in both legs. He reported the injury to his supervisor, who referred him to an industrial clinic. The clinic doctor took X-rays which described “mild disc space narrowing at L4-5″ but no other impairment. More on Company Doctor Uses X-Rays Instead of MRI and Misses Herniated Disc
Case Study: Private investigator sustains 2 separate injuries while on the job
“Mr. L,” a private investigator, received significant injuries when he was working a case in bad weather. He was involved in a serious automobile accident when he lost control of his vehicle and crashed into a large pine tree. His airbags deployed and his vehicle was damaged on both sides. As a result, he incurred injuries to his cervical spine, chest, left arm, right elbow, and right shoulder.
He would be treated for his injuries in the local ER and then released into the care of two doctors (Doctors M and N) where he would receive necessary follow-up care. The condition of his cervical spine could not be treated by Doctors M and N, so he was referred to Dr. S for specialized care and further testing. Dr. S performed a CT scan and an EMG. During this time, Mr. L continued to work his PI job when he was confronted by a police officer, arrested, and then handcuffed in the process.
As the arresting officer handcuffed him, he forced the man’s neck and shoulder into a position which resulted in further injury to Mr. L, therefore creating further problems for him! At this time, Mr. L went into the care and treatment of Dr. P, an orthopedist. Dr. P immediately discovered the injuries that Mr. L received during the arrest and diagnosed them as “a right C 6-7 radiculopathy; herniated disc and stenosis at C5-6; as well as a partial rotator cuff tear of the right shoulder.”
In September of 2005, he was referred to a surgeon who would perform “anterior cervical discectomy and fusion with plating.” The surgeon also placed him on what is called a “no work” status. In other words, he was forbidden from working since he was always in pain and movements that were typically performed on the job could no longer be made. He began receiving regular TTD payments of $394.52. Additionally, he was treated with a bone stimulator to assist with the fusion part of his treatment.
In addition to the bone stimulator, Mr. L was also being treated by having to wear a hard neck brace for the ensuing several months. Additionally, he was prescribed numerous medications including Celebrex, Reglan, and Ultracet because of his intense pain and his limited ROM or Range of Motion. To this day, Mr. L continues to live with neck pain and according to Dr. D, the extent of the damage to the man’s cervical spine is now a source for the chronic pain he has been diagnosed with.
Mr. L continued living in pain and a restricted ROM because of the torn rotator cuff in his right shoulder. He continues to be under the care of Doctors A and P. At that time, arthroscopic surgery was performed on the injured shoulder which didn’t relieve his pain or his symptoms. Despite the fact that Mr. L attempted to go back to work as a PI, it was immediately apparent that the injuries to his right arm and shoulder would cause significant pain so he could not properly perform his job any longer.
At this time, Dr. P also performed another surgical procedure wherein Mr. L was anesthetized and the doctor tried to manipulate his shoulder in order to relieve his pain. To this date, he still encounters pain and discomfort when driving. Everything to this point had failed to ease Mr. L’s symptoms despite his continued medication and therapy. He was then referred (again) to Dr. A for a consult and then a decided-upon treatment. At that point in time, a post-surgical MRI revealed the full extent of Mr. L’s injuries.
Dr. A performed three different procedures including surgery to repair his torn rotator cuff. After this time, Mr. L went to Dr. M for an IME (independent medical examination) where several things were documented such as:
- constantly aching shoulder
- pain encountered with movement overhead
- rotator cuff issues
Mr. L continues to need medication and ongoing pain management. Neither post-surgery medications nor therapies have helped Mr. L live without pain or limited ROM. He is restricted with the amount of hours that he can perform functions including:
- standing
- walking
- sitting
- reaching overhead
- lifting
- pushing
- pulling
He can occasionally bend, crouch, kneel, or stoop; drive no more than 30 minutes at one time; and cannot operate dangerous machinery because of his pain medications.
Since his last surgery, Mr. L’s medical condition has not changed very much and after reading through the medical records I discussed with Mr. L the advisability of settlement. Mr. L had indicated to me that while he would not be resuming his career as a private investigator, he was exploring other avenues to earn money. Because he had been a private investigator, he readily understood that the insurance company would likely put him under surveillance and that if he was seen engaging in any significant activity, the insurer would move to cut off his benefits. We decided that this was a good time to settle and after several weeks of negotiation the insurance company agree to pay well over six figures.
Filed under Arms & Hands, Back & neck injuries, Case studies, Georgia Workers' Compensation, Winning Strategies by
Filed under Georgia Workers' Compensation, Medical Care by
Welcome to the 3rd installment of my summer long series on Georgia Workers’ comp case studies. In the following case study, I discuss workers’ compensation and repetitive motion injuries.
An overview of DeQuervain’s Syndrome and Lateral CTS
DeQuervain Syndrome is also nicknamed Mother’s Wrist or Washerwoman’s Sprain. In more medical, technical terms it is known as de Quervain’s tenosynovitis, de Quervain’s stenosing tenosynovitis, or Radial styloid tenosynovitis. DeQuervain’s syndrome is an inflammation (or tendinosis) that occurs in the sheath or the tunnel which surround the two tendons which are responsible for the thumb’s movement.
Carpal Tunnel Syndrome or CTS is also referred to as median neuropathy at the wrist and is a condition that results from a compressing or pinching of median nerve in the wrist area. It typically leads to extreme pain, muscle weakness, and numbness of the hand. Night symptoms and waking up off and on are characteristics of CTS as well. The definitive or standard treatment of the condition is a surgical procedure known as carpal tunnel release.
It should be noted that although this surgical procedure effectively relieves the symptoms of CTS, established nerve dysfunction in the form of atrophy, constant or “static” numbness, and weakness are all permanent. Ironically, most CTS cases do not have a specific cause, and some individuals are predisposed at developing the condition based on genetics.
Workers’ Compensation case involving repetitive motion injury: The case of “Ms. C”
Our client, Ms. C, was diagnosed with bilateral CTS as a result of her repetitious work in cake decorating. According to Dr. D, she was diagnosed with “bilateral DeQuervains tenosynovitis and ulnar nerve injury.” As a result of Ms. C’s injuries, she underwent surgeries on both wrists. About 6 weeks later, she went through surgical procedures on the left wrist – carpal tunnel and DeQuervains release surgery.
Ms. C continues living in pain today, even after the different surgeries were performed. Pain is prevalent especially in the hand, at the incision, and in the wrist area. She is currently undergoing physical therapy and has limited range of movement (ROM) as well as the pain mentioned in the above areas. It is evident that she will continue to remain under medical care as well as receiving TTD for quite some time.
Given the residual problems that exist and her surgeries, the PPD (Permanent Partial Disability) rating of each wrist is 10%. Additionally, due to the repetitive nature of Ms. C’s work, it is very obvious that her capacity to perform her job has been severely limited and she will experience continued levels of pain. As a result of her case, we have demanded “X” amount in her Workers’ Compensation case and are awaiting settlement
Filed under Carpel Tunnel, Case studies, Georgia Workers' Compensation by
I often explain to my clients that a major struggle in any workers’ compensation case relates to medical care. Georgia law gives employers the first opportunity to decide where an injured worker must go for treatment but this control is not complete:
- if your employer does not provide a valid “posted panel” of physicians you may be able to seek care with any physician and your employer and its insurer must pay for this care
- you can switch between one posted panel physician to another without prior permission
- you can request a change in authorized treating physician
- you can request a claimant’s IME
The claimant’s IME is a very interested feature of Georgia law. First enacted in 1990, Section 34-9-201(e) provides that an injured worker can demand an independent medical exam with a physician of his choice, paid for by the workers’ comp. insurance carrier. In my practice I use this “claimant’s IME” frequently to get a second opinion about questionable existing care or as evidence to support a request for permanent change in authorized treating physician.
Of course your right to a claimant’s IME under Georgia law is not absolute – I recently wrote an article about this topic on one of my web sites. Take a look if you are not happy with the quality of medical care you are receiving – and let me know what you think.
