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Poverty And Social Insurance
My business-owning friends harp constantly about “entitlements,” which, they say, cost them money in taxes and premiums. I routinely reply that these programs are a social safety net, the small price...
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Legislative Changes To Workers’ Compensation – Wisconsin and National
As we in Wisconsin wrestle with Governor Walker’s ill-advised proposal to split up an efficient and time-honored workers’ compensation system (for alleged purposes of “efficiency”), it is instructive...
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Wage Disparity and Workers’ Compensation
When I began representing injured workers at a labor law firm in the 1970s, over one-third of the workforce was unionized. Almost all the workers I represented earned the maximum amount allowable to...
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“Independent” Medical Examinations in Workers’ Compensation (Anything but...
“I thought their doctor Independent Medical Report was the last word on my case. I didn’t know any better.” This statement from a client I just met sums up the experience of many injured workers...
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Walker’s Workers’ Compensation in Wisconsin
Mark my words, Scott Walker will use his attempts to revamp and revise Wisconsin’s workers’ compensation system in his national campaign for the presidency in 2016. He will tout attempts at...
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“Per Diem” Payments Latest Employer Fraud Issue in Workers’ Compensation
I have written often about the public’s perception that workers file fraudulent claims in workers’ compensation. The public perception (which ranges from one in ten to approximately one in three) is...
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New Underwriting Workers’ Compensation Industry Rankings
Injured workers who have been denied benefits by Travelers, The Hartford, AIG, Liberty Mutual, and Berkshire Hathaway will be pleased to know those five insurance carriers are industry leaders in...
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Employee or Independent Contractor?
Today’s post was shared by US Labor Department and comes from blog.dol.gov The Wage and Hour Division is tackling employee misclassification because so much depends upon the answer to that question....
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WILG Turns 20! Worker’s Injury Law And Advocacy Group 20th Anniversary
I joined WILG in its 1995 inaugural year. At those early conferences, my colleagues around the nation were battling workers’ comp “deform,” and engaged in political battles in their respective states,...
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Employers Who Cheat on Workers’ Compensation Coverage
Employers who fail to cover their workers for workers’ compensation, or who mischaracterize their employees as “Independent Contractors” cheat the entire workers’ compensation system. They cheat both...
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Older Workers Need Updated Job Training
Recent data from the U. S. Bureau of Labor Statistics indicate inadequate training for older workers likely contributed to an almost 20% increase in fatalities among older workers. According to the...
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Advisory Council Bill Is A Compromise …But The Alternative Is Chaos
Those of us representing injured workers were recently forced into a somewhat difficult decision regarding proposed changes to Wisconsin workers’ compensation law. As discussed in prior posts, two...
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Employer Fraud in Workers’ Compensation
Legislatures around the country (including ours in Wisconsin) seem to be preoccupied with employee fraud in workers’ compensation, despite overwhelming evidence that employee fraud is virtually...
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Why Care About Comp?
Charlie Domer has a recent article in the Wisconsin Law Journal. Why Care About Comp? addresses the status of the worker’s compensation system in our state, as well as the recent legislative...
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Tips on Your Workers’ Compensation Claim
I just returned from New Orleans where I made a presentation to about 150 workers’ compensation lawyers (both for workers and for employers) on “Case and Client Evaluation In Workers’ Compensation”....
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Getting Workers’ Comp and Social Security Disability–Is it Really...
An injured worker’s receipt of Social Security Disability (SSD) benefits can produce an offset from workers’ compensation (WC) payments. A workers’ compensation recipient who is also collecting SSD...
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Fault: Creeping Back Into Workers’ Compensation
Workers’ Compensation is a compromise. As originally crafted in 1911 and as interpreted, Wisconsin Workers’ Compensation is a compromise in which both employers and employees surrender certain...
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Disclosure Bias In Workers’ Compensation
Dr. Sunita Sah I read most things through the narrow prism of a lawyer representing injured workers and a Law Professor teaching Workers’ Compensation. I read with fascination Dr. Sunita Sah’s (M.D.,...
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The High Cost of Fat
A recent study in the Journal of Occupational and Environmental Medicine, the official publication of the American College of Occupational and Environmental Medicine, in September 2016 reported that...
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The Cancer Presumption in Workers’ Compensation
What is a legal presumption? Can a legal presumption be rebutted by sufficient contrary evidence? Wisconsin workers’ compensation law contains many presumptions. For example, for firefighters, it is...
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