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When is a Municipality Liable for a Car Accident? Municipalities are generally held to the same negligence standards as private parties. A municipality owes a duty to all travelers, whether they are themselves negligent or fault-free, to maintain its roadways in a condition that is reasonably safe for ordinary travel.…
How Should Physicians and Patients Interpret Persistent Low Back Pain in the Absence of Positive MRI Findings? Is a Delayed-Emergent Disc Herniation to Blame? A sprain/strain injury of the lumbar spine can result in delayed-emergent disc herniation via the mechanism of accelerated degenerative disc disease. The lumbar spine is supported…
The AMA Guides are widely used by IME physicians who consistently testify on behalf of defense interests in workers’ compensation matters. By contrast, Washington Law Center indicates that this publication has fallen into general disrepute by those who represent injured workers as well as advocates of efficient workers’ compensation schemes.…
Yes, all of the documents, pleadings, exhibits and testimony transcripts in a workers’ compensation trial will typically be available to anyone who requests copies or does a competent internet search, unless a very narrow exception exists where the court finds there is a compelling reason to seal your trial record.…
Have You Been Injured On The Job? Contact Us Immediately.
How is a Vocational Determination of the Director Challenged? It is well-settled that the decision to provide or not provide vocational services is discretionary and may only be challenged based on a showing of an abuse of discretion by the “supervisor,” also known as the “Director” of the Department of…
When an employer makes a return-to-work job offer to an injured worker, the job that is offered must be within a reasonable commuting distance in order for the job offer to be deemed valid. A reasonable commuting distance is determined by looking at the considerations set forth at WAC 296-19A-010(4),…
Recently, our firm was approached with a very humble inquiry from an individual on SSI for the past 20 years due to a disability that resulted from a work-related injury. The individual had been forced off of L&I benefits and had their claim closed without them being able to actually…
Determining Work-Relatedness (“Causal Relationship”) in Washington State Industrial Insurance Act matters: In completing causation analysis, objective physicians must consider the following applicable legal standards: a. An injured worker becomes eligible for Industrial Insurance Act coverages (medical or wage loss indemnity benefits such as time loss, LEP, PPD or…
The law is never perfect. It must adapt to reflect the needs of a changing society. It must be constantly renewed and reinvigorated, oftentimes by enacting reforms that have been enacted in other jurisdictions. It is a product of constant labor, both from within the setting of our courts, where…