If you have the kind of claim where the insurance company is paying your benefits, and you’re unable to return to your employer, you may be shoved into the world of Vocational Rehabilitation (Voc Rehab).  You’ll be told that a counselor will be assigned to you to help you get back to work . . . if only it was that simple.

Voc Rehab is not as simple as it sounds.  The process is actually governed by its own laundry list of rules.  As a claimant you have rights during this process.  Failure to exercise these rights could have disastrous consequences on the ultimate outcome of your claim.  To view the rules that I’m talking about, go the following link:  http://www.ic.nc.gov/ncic/pages/rehabrul.htm.

Tell your doctor EVERYTHING! 

One problem I routinely run in to is lack of documentation in an injured worker’s medical records.  My client will do a wonderful job detailing all of their injuries when they talk to me.  Then, when I get the corresponding medical record, the first sentence says “Patient is doing fine”.  This is horribly frustrating to me.  It is frustrating because a medical record is the most important piece of evidence any Worker’s Compensation Lawyer has.  If that evidence says my client is “fine”, when in reality, he’s not, I am severely limited in my ability to help someone.

One suggestion I give clients is to simply write it down.  Before you go to the doctor write down all of the problems you’re having on a day to day basis.  Write down any questions you may have for the doctor.  It’s too easy to forget and to important not to relay to your doctor.  The more information you can give your doctor, the better your case will go.  And, far more important than your case, is your health.  The more information you can give your doctor, the better he/she can get you back on the road to recovery.

A local legislature has passed a bill aimed at protecting youth athletes and raising head injury awareness.  The legislation would require county-contracted youth sports agencies to develop a written policy to address incidents of a possible or actual concussion or other head injury among participants, provide parents with head injury information and prevent athletes from returning to play until they are medically cleared.  As an attorney representing brain injury victims and athletes who have suffered head injuries, I cannot emphasize strongly enough the need for similar legislation nationwide, at all levels of government, to protect our athletes.  For the full article, please click on the following link:  http://www.northshoreoflongisland.com/Articles-i-2009-12-17-82453.112114-sub_Head_injury_caution_bill_passes.html

In the nursing home case below, a 7.75 million dollar verdict  was awarded against the nursing home for the abuse of a 71 year old woman patient.  The abuse was caught on film because a video camera was hidden in her room by the woman’s family to make sure she was safe.  Ironically, the home was rated a five star facility by Centers for Medicare Services, a rating which indicates that the home provides superior care.  Click link to read:  http://www.vcstar.com/news/2009/dec/11/775-million-awarded-in-abuse-case/

For those following the story of concussion-head injury policy in the NFL, I found a great compilation of some of the media coverage of the issues.  To view, please click on the following link:  http://www.newsy.com/videos/nfl_s_new_concussion_approach

Medical malpractice settlements in excess of $75,000.00 are now posted on the N.C. Medical Board website as a result of a law which went into effect May 1, 2008.  The N.C. Medical Society, a voluntary membership organization of North Carolina physicians, opposed the law.  http://www.newsobserver.com/home/story/230544.html

The National Football League has finally implemented new policies for dealing with concussions and head injury.  The new policy requires players who exhibit any significant sign of concussion to be removed from a game or practice and be barred from returning the same day.  Previous changes also include requiring an independent expert to certify that it was safe for the player to return. I am glad that progress is being made, but my fear is that the machismo culture of the NFL  will hinder other progressive measures that should be taken to protect our athletes.  For a full link to the article, pelase click on the following link:  http://www.nytimes.com/2009/12/03/sports/football/03concussion.html?hp

From the GAO:  Extendicare nursing home in Kentucky worst home in that state and second worst in the country. Britthaven nursing home in Kentucky second worst nursing home in Kentucky. 

http://bulletin.aarp.org/states/ky/2009/48/articles/richmond_nursing_home_is_second_worst_nation_agency.html

OPERATION SLOW DOWN/NO NEED 2 SPEED NETS 31,760

SPEEDING VIOLATIONS

83,118 traffic and criminal citations issued statewide

RALEIGH — The Governor’s Highway Safety Program announced today that state and local law enforcement officers cited 31,760 motorists for speeding during the Operation Slow Down/No Need 2 Speed campaign, which ran Nov. 16-29. A total of 83,118 traffic and criminal citations were issued statewide.

“Speeding is the leading cause of crashes,” said David Weinstein, director of GHSP. “These campaigns help make our highways safer and aim to remind motorists to obey the speed limit.”

Officers also issued 4,904 safety belt and 873 child passenger safety violations and 1,430 drug charges. In addition, they apprehended 615 fugitives from justice and recovered 98 stolen vehicles.

For county-by-county citation totals or more information about No Need 2 Speed, visit the Governor’s Highway Safety Program Web site at www.ncdot.gov/programs/ghsp.

For more information about Operation Slow Down 2009, visit the N.C. Department of Crime Control and Public Safety’s Web site at www.nccrimecontrol.org/shp.

Fall Total

December 1, 2009

According to The Associated Press, a new state law in North Carolina, which takes effect December 1, bans drivers from reading or writing text messages and e-mails while operating a vehicle.

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