Blog Posts in March, 2012

  • The Written Claim Game

    || 26-Mar-2012

    On May 15,2011, the Kansas Legislature did away with one really insidious part of the Kansas Workers Compensation Act. Prior to that date, not only did you have to give notice to your employer after an accident, you had to provide a written claim for compensation within 200 days of your accident date or the last authorized benefit, whichever was later. Here is the problem with that: Nobody knows ...
    Continue Reading
  • Functional v. Work Disability (Part 2)

    || 13-Mar-2012

    Ok. So, you have an injury and you are left with permanent restrictions. What now? Well, it depends on where you are and what parts you injured. Let me explain. In Kansas, there is a benefit called work disability, which, in my opinion, serves two purposes. First, it gives incentive to employers to bring back injured workers that have restrictions and try to accommodate them. Second, if they ...
    Continue Reading
  • Functional Disability vs. Work Disability: Who gets what ?

    || 7-Mar-2012

    After you have received all of your treatment and the insurance company has (hopefully) paid all of your temporary benefits, what remaining benefit does an injured worker have? The answer: Permanent Partial Disability. There are vast differences in the Workers Compensation laws between Kansas and Missouri in this area. My explanation of Kansas law will take a couple of paragraphs. Missouri law ...
    Continue Reading
  • Tom Cruise Was Right!

    || 2-Mar-2012

    Lt. Daniel Kaffee, as portrayed by Tom Cruise in "A Few Good Men", once said, "It's not what I know, its what I can prove." Nowhere is that statement more applicable than in workers' compensation claims, where common sense is can be drowned out by legal gamesmanship. I was recently on a mediation docket in Kansas City, Missouri where I had the exact same issue in TWO ...
    Continue Reading