Missouri Workers Comp Lawyer Blog

New Legislation Looks to Change St. Louis County Courthouse Security Procedures

Mon, 06 Feb 2012 08:00:00 EST

State Representatives Mike Colona (D-St. Louis) and Timothy Jones (R-Eureka) have put their differences aside and introduced legislation that will give attorneys a pass when it comes to the security checks at the St. Louis County Courthouse. They propose allowing attorneys who show their Missouri Bar Association card at the check point to be excused from going through the metal detectors like they are required to do now.

The security procedure for the courthouse currently requires all those entering to remove their shoes, belts and all metal from their person before they can walk through the metal detector. Some equate the procedure to that which passengers must go through before entering a gate at an airport. The metal detectors are set higher than most other courthouse metal detectors in the area, after a shooting occured at the St. Louis County courthouse 20 years ago, and after a more recent, lesser-known incident where a box cutter made it into a courtroom.  Every person standing in line must take the time to remove their shoes, belts, jewelry, change and all other metal from themselves in an effort prevent setting off the metal detectors as they pass through. Then, they must re-dress before they can continue to their destination in the building. This procedure is not found at any other area courthouse, or even the state capitol where metal detectors aren't even in use.

Attorneys, like Representatives Colona and Jones, find the experience time-consuming and has led to instances of attorneys being late for hearings or other court appearances. Some attorneys are required to enter and exit the courthouse several times a day and therefore have to go through the security procedure each time they leave and come back.  Supporters of the proposal say that only having to show their Missouri Bar card could save significant time not only for attorneys, but for the other citizens who have business within the building.  Those against the proposed legislation say that attorneys can pose just as much threat to those in the courthouse as any other person and therefore, should not be exempt from the procedure.

New State Senate Bill Looks to Limit Workers' Compensation Coverage

Sat, 21 Jan 2012 08:00:00 EST

A new Bill (Senate Bill No. 572), introduced in the Missouri State Senate by Senator Tom Dempsey and backed by the Missouri Chamber of Commerce, is an attempt to cut the state's budget deficit and, in turn, save the Second Injury Fund from further financial troubles. Unfortunately, if passed, it would mean it may be harder to prove a person is disabled by changing the guidelines of what is considered a disability and therefore limit who would receive workers' compensation benefits and Second Injury Fund benefits. Those against the new bill argue that it simply makes it easier for an employer to avoid paying benefits to injured workers. Those for the bill argue that by changing which disabilities are covered under workers' compensation laws, employers will save money and therefore, it will save jobs. This bill would also make it illegal for an employee to sue a co-worker when that co-worker is the cause of the incident that caused the first employee's disability. Many wonder if the bill would have the outcome sought by those who back it, an increase in jobs and a decrease in the amount of money the State of Missouri would pay through the Second Injury Fund. Two nonpartison actuarial studies have said that simply reverting back to the pre-2005 law would save the Second Injury Fund and avoid changing any guidelines that may jeopardize an injured employee's rights to benefits.

Jill Bollwerk Recently Completed Mediation Training Course

Thu, 19 Jan 2012 08:00:00 EST

We are pleased to report that Jill Bollwerk completed mediation training at St. Louis University School of Law earlier in January, 2012. She has received the number of hours of training necessary to be added to the Missouri Bar's list of mediators who are available to mediate disputes assigned to mediation by the courts. Jill has applied to be added to the Missouri Bar's list, and we will report when that has been accomplished. Meanwhile, she is available for anyone who wishes to voluntarily mediate disputes in the St. Louis area. Mediations can be handled in our office, or she can travel to you.

What is mediation, you ask? In the words of Jill's teacher, Professor Rebecca Magruder, "Mediation is a problem-solving conversation facilitated by a balanced and impartial third person, known as the mediator." The mediator's roles is to help the parties to a dispute communicate with one another about the dispute and to help them to discuss options to resolve their differences and, hopefully, to bring the parties to an agreement, or settlement, of the dispute. Jill has been involved in dozens of mediations on behalf of her own clients in personal injury cases. She has seen cases where there appeared to be no chance of the parties settling actually get resolved with the help of a skilled mediator. Jill admired the skills of the successful mediators with whom she has worked, and she thinks that she has the same temperament and ideals as these successful mediators.

Multiple Snow-Related Accidents in St. Louis cause MoDOT to Apologize

Fri, 13 Jan 2012 08:00:00 EST

January 12, 2012 was the second snow of the year in St. Louis, and it didn't result in much accumulation. However, the number of serious accidents that resulted from ill-prepared roadways tells a different story. Motorists were stranded on highways for up to three hours due to countless accident, and many serious injuries and even two fatalities resulted from the icy roads. MoDOT's director explained the department's mistakes in pre-treating roads in this article from StlToday.com. If you were the victim of a snow related accident in Missouri, feel free to call the St. Louis automobile accident attorneys at Bollwerk, Ryan & Tatlow, toll free at 877-315-8111.

Ex-NFL Players Seek Medical Monitoring and Damages From League for Brain Injuries

Wed, 28 Dec 2011 08:00:00 EST

Harry Jacobs, Jerome Barkum, and Tommy Mason, all ex-NFL players, have filed suit in Manhattan federal court for unspecified damages and brain-injury monitoring for all former American football players. All three men played for pro teams for about 11 years and claim that they now suffer from brain injuries as a result of their years of playing. They have asked the court for a declaration stating that the National Football League knew or should have known that repeated blows to the head and concussions would put players at the risk of developing degenrative brain diseases. Similar suits have been filed in federal court in Philadelphia, as well as, state court in Los Angeles.

St. Louis Judge Jimmie Edwards' School Featured on The Today Show

Thu, 22 Dec 2011 08:00:00 EST

Judge Jimmie Edwards has done something no other juvenile court judge in the country has done. He has opened a school. Instead of sentencing troubled juveniles to time in jail, he sentences them to an education. Judge Edwards' amazing efforts were recently recognized on The Today Show. In the five minute segment, Judge Edwards explains that he opened the school after realizing that what the troubled kids he saw in his courtroom really needed was a chance.

Opened in 2009, Innovative Concept Academy has helped 18 students earn their high school diploma or GED. Two of those students have gone on to college. As of this year, 375 students between the ages of 10 and 18 are enrolled in the academy.

The Today Show was on hand when Wal-Mart surprised Judge Edwards and the students of Innovative Concept Academy with a truck load of supplies. Included in that truck was enough food to feed the students for a year as well as a brand new winter coat for each student at the academy.

Here is a link to the video of the Today Show's segment from the December 21, 2011 broadcast.

National Transportation Safety Board Recommends Full Ban on Cell Phone Use While Driving

Mon, 19 Dec 2011 08:00:00 EST

Following an investigation into the cause of a 2010 accident involving a tractor trailer, two school buses and a pickup truck that killed two teenagers in Missouri, the National Transportation Safety Board (NTSB) has recommended a nationwide ban on all cell phone use while driving. During their investigation the NTSB found that the driver of the pickup truck, a 19-year-old male, likely caused the accident when he was distracted by a conversation he was having via text message with a friend. The man slammed into the back of the tractor trailer at 55 mph after the tractor trailer had slowed in a work zone. A chain reaction occurred when a school bus carrying high school students on a field trip heading to Six Flags St. Louis hit the pickup and was, in turn, hit by its companion bus, also full of students. The driver of the pickup truck and a 15-year-old student passenger on one of the busses died as a result of the accident. Several more of the students were injured, some requiring hospitalization, following the accident.

Using cell phone records as part of the investigation, NTSB found that the pickup truck driver had sent and received a total of 11 text messages in the minutes leading up to the accident. There is a current law in Missouri banning texting while driving for any driver under the age of twenty-one, a law the pickup driver clearly ignored. Missouri State Highway Patrol records reveal that only 120 citations have been handed out the past two years as a result of this law.

Although several states have adopted laws limiting or banning the use of cell phones by drivers, this is the first time a national safety board has recommended a nationwide ban. Opponents of this recommendation say it would be too hard to enforce and impedes on the rights of drivers. Proponents of the ban say safety of all people on the road should be the priority. It is unclear whether or not the federal government will take the NTSB recommendation to heart and try to issue a nationwide ban.

Regardless if a nationwide ban is enacted, or Missouri alone changes their laws regarding cell phone use while driving, many fellow students of the young woman who lost her life in the accident (some who survived the accident themselves) have already pledged not to use their cell phones while driving.

Social Networking Sites Used as Evidence in Lawsuits

Thu, 08 Dec 2011 08:00:00 EST

This article discusses and gives examples of how social networking sites such as Facebook, Twitter and Foursquare are used to gain evidence in a variety of lawsuits. Most people today realize that employers and educators may use social networking sites to check out potential employees, current employees or student activity. However, what people don't realize is that attorneys, insurance companies, employers, or ex-spouses may be using these sites to collect evidence in lawsuits. For injured plaintiffs (whether they are injured on the job, in a car accident with another person, or by a defective product), pictures or posts on these sites could be used against them to show they are not as badly injured as they claim. For example, an employee injures his back on the job, but two weeks later posts a picture of himself on Facebook lifting his child in the air or water skiing. These photos may be used by the employer and their insurer to prove the worker is not as badly injured as he claims. In this new technologically savvy world, it is best to play it safe when involved in a lawsuit and not share certain information on social networking sites throughout the litigation process.

Missouri Chamber of Commerce to Lobby for Workforce Issues

Tue, 06 Dec 2011 08:00:00 EST

When the new Missouri legislative session begins on January 4, 2012, the Missouri Chamber of Commerce plans to lobby for several issues. Along with education and employment reform, the Chamber of Commerce would like the state legislature to work on issues such as the lack of funding for the Second Injury Fund. Citing the fact that hundreds of Missouri's injured workers are not receiving their benefit checks and thousands more have pending cases, the Missouri Chamber President and CEO Daniel Mehan plans to make the Second Injury Fund a lobbying priority.

Patients Taking Warfarin Unaware of Effects from Dietary Supplements

Wed, 30 Nov 2011 08:00:00 EST

November 30, 2011 – In a report from Health Day, heart patients who are taking Warfarin are not always aware of the effects from also taking dietary supplements.

Patients who take Warfarin require careful monitoring due to the potential risk for bleeding or blood clots, which could lead to a stroke. However, dietary supplements can interfere with Warfarin, such as reducing the effectiveness of it.

Some patients in a study conducted by the Intermountain Medical Center in Utah also admitted to sometimes skipping doses of their medication or taking more than they should. At the same time, they were not aware of the potential dangers that dietary supplements could cause, such as increased risk of bleeding.

The active ingredients in vitamins and dietary supplements could lead to adverse reactions. Doctors should be discussing with their patients the interactions that various supplements may have with their medication.

Heart conditions can become severe enough that an individual may be unable to work. The inability to work, along with limitations in daily functioning, could warrant the need of disability benefits.

If you would like assistance with applying for disability benefits or appealing a claim that has been denied, you may need legal counsel. By consulting with a St. Louis, MO, disability attorney you can learn what your rights are.

Contact a St. Louis, MO Disability Attorney

If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it’s important that you seek legal guidance from a Missouri ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri workers. Contact us today – 314-315-8111.

How Platelet Inhibitor Can Help Patients Avoid Heart Attacks

Wed, 30 Nov 2011 08:00:00 EST

November 30, 2011 – In a report from the American Heart Association (AHA), a platelet inhibitor administered 2 ways is found to help heart attack patients. If a heart attack has left you disabled, then you may be entitled to benefits.

New research has shown that whether a platelet inhibitor is given intravenously or directly into the coronary artery that is blocked, both are effective means of reducing the threat of death.

Patients in the study had suffered a STEMI (ST-elevation myocardial infarction), which often leads to the necessity of angioplasty with stenting. Research was done to see if either method of delivering a platelet inhibitor was more effective than the other in reducing death.

Not only was there no real difference found between the 2 methods but researchers also found the administration of a platelet inhibitor to be safe. There were no significant risks of excessive bleeding or other complications.

When you are disabled and no longer able to work, you may assume that you will automatically receive disability benefits. However that is not always the case. You may find it necessary to seek legal counsel. A Missouri disability attorney can evaluate your case to determine if you qualify and assist you throughout the entire claims process.

Contact a Missouri Disability Attorney

If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it’s important that you seek legal guidance from a Missouri ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri workers. Contact us today – 314-315-8111.

Most Common Infection after Heart Surgery is Pneumonia

Tue, 29 Nov 2011 08:00:00 EST

November 29, 2011 – According to a report from USA Today, the most common infection acquired after heart surgery is pneumonia. A new study also finds that most cases of an infection develop about 2 weeks after undergoing the surgery.

More than 5,100 patients who had undergone heart surgery were analyzed. Of these patients, 278 cases of infection were considered to be serious. One type of serious infection that develops in the intestines is C. difficile colitis.

Other infections include those affecting the surgical site and bloodstream. However, more cases of pneumonia developed in the patients.

Almost half of the patients were discharged from the hospital with no knowledge of acquiring an infection. In some cases they had to be readmitted once the infection was discovered.

Some of the risk factors that could increase the chance of developing an infection include:

· longer time spent in hospital;
· hypertension;
· chronic lung disease;
· congestive heart failure; and
· use of corticosteroids prior to surgery.

Heart surgery included procedures involving the mitral valve and coronary artery bypass grafting. Researchers indicate the next step is to look further into the differences of care that patients received.

You should contact a St. Louis, Missouri disability attorney to learn what your next step should be if you have questions or concerns regarding eligibility for disability benefits.

Contact a St. Louis, Missouri Disability Attorney

If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it’s important that you seek legal guidance from a Missouri ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri workers. Contact us today – 314-315-8111.

This Drug Lowers Risks for Patients with Acute Coronary Syndrome

Tue, 29 Nov 2011 08:00:00 EST

November 29, 2011 – In a report from the American Heart Association (AHA), serious risks are lowered for patients with acute coronary syndrome who are taking an anti-clotting drug. Disability benefits could be available if you suffer from a serious heart condition.

New research indicates that the risk of:

heart attack;
stroke; and
death are reduced in patients with acute coronary syndrome when, in addition to their standard treatment, they also take rivaroxaban (an anti-clotting medication).

Acute coronary syndrome describes conditions related to an unstable angina, which can lead to chest pain and heart attack. The risk of complications can be reduced by 16 percent when taking this anti-clotting drug, in comparison to those patients who don’t. Additionally, the risk of all causes of death was lowered more than 30 percent.

While anti-clotting medication has been found to be helpful with patients who have atrial fibrillation, results for those with acute coronary syndrome hasn’t been as consistent until this latest research.

If you would like to know if your severe medical condition qualifies you for disability benefits, you should speak with a Missouri disability attorney as soon as possible. An attorney who handles disability cases can also assist you with a claim that has been denied.

Contact a Missouri Disability Attorney

If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it’s important that you seek legal guidance from a Missouri ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri workers. Contact us today – 314-315-8111.

Arterial Plaque Reduced with High Doses of Cholesterol-Lowering Statin

Tue, 29 Nov 2011 08:00:00 EST

November 29, 2011 –According to Medline Plus, arterial plaque is found to be reduced with high doses of cholesterol-lowering statins such as Lipitor and Crestor. In addition, the progression of coronary artery disease was reversed.

A 2-year-study involving 1,385 patients revealed a 1.22 percent reduction of arterial plaque when taking Crestor and a 0.99 percent reduction with Lipitor. High doses were considered to be 40 mg of Crestor and 80 mg of Lipitor.

In the patients who took Lipitor, 64.7 percent of them experienced a reduction in arterial plaque. In those who took Crestor, 71.3% of the patients experienced the same.

All of the patients had coronary angiography performed, due to abnormal findings on a stress test or chest pain. In previous studies, patients under similar circumstances were taking lower doses of statins. The risk of suffering a stroke or heart attack, or the need for angioplasty was between 15 to 20 percent. Rates were less than half of that for patients in this study taking higher doses of statins.

Although doctors are cautious about prescribing higher doses of statins, researchers indicate that the benefits were greater than any risks and that no side effects were experienced.

Contact a St. Louis, Missouri disability attorney if you have questions concerning eligibility for disability benefits or if you have submitted a claim and it has been denied, an attorney can help.

Contact a St. Louis, Missouri Disability Attorney

If your ERISA-controlled disability benefits, life insurance or accidental death benefits have been unfairly denied it’s important that you seek legal guidance from a Missouri ERISA attorney who understands the intricacies of these very complex cases. The Missouri ERISA attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri workers. Contact us today – 314-315-8111.

New Therapy Protects Type 1 Diabetics' Kidneys

Fri, 25 Nov 2011 08:00:00 EST

November 18, 2011 - Science Daily has reported on the developments of the Diabetes Control and Complications Trial (DCCT) that attempted to study whether or not reducing blood sugar to near-normal levels would protect the kidney function in type 1 diabetics.

Patients were blindly and randomly placed into 1 of 2 groups - one was treated with conventional therapy and the other was treated with the new intensive therapy. The results of the study were unveiled during the American Society of Nephrology's Annual Kidney Week and was the herald of good things to come. The results showed that patients who received this intensive type of therapy were 50% less at risk for impaired kidney function.

Ian de Boer, who led the study, commented that this research showed that the complications of kidney failure and impaired kidney function are preventable, and that the findings lend credence to the argument that glucose control is a vital course of treatment for type 1 diabetics.

If you or someone you love is diabetic, you know the extent of the impact it has on someone's life. If you are unable to work due to type 1 diabetes or its symptoms, contact a Social Security disability attorney who can navigate you through the disability claims process.

Contacting a Social Security Disability Attorney to Protect Your Rights

If you suffer from a disability and think that you qualify for Social Security disability benefits, speak with a St. Louis attorney who understands the intricacies of these very complex cases. The Missouri Social Security disability attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.

Protein Prevents Cerebral Palsy-Like Brain Damage in Mice

Fri, 25 Nov 2011 08:00:00 EST

November 18, 2011 - Science Daily reports that researchers at the Washington University School of Medicine in St. Louis may have made a critical breakthrough in the science of combating cerebral palsy, a congenital motor disorder that affects more than 550,000 people in the United States alone.

Researchers found that increased levels of a certain protein known as Nmnat1 reduced the potential brain damage when blood flow and oxygen were withheld from the brain.

Head of the Department of Neurology, David M. Holtzman, explained that the brain can handle oxygen or blood flow deprivation for a short period of time, but when they happen together over a prolonged period, substantial damage resulting in disability or death can occur.

Nmnat1 may be able to prevent brain damage caused by blood and oxygen deprivation, mitigating the harm and potentially preventing cases of cerebral palsy and other degenerative neurological disorders.

It was also found that these heightened Nmnat1 levels prevented a type of cell death known as necrosis, which is responsible for killing brain cells in the case of strokes.

Once fine-tuned, these developments could be used to assist the demographic of adults who are at high risk for stroke, which could potentially minimize the number of Social Security disability claimants. If you or someone you love suffers from cerebral palsy or any other neurological disorders, contact a Social Security disability attorney who can help you get the benefits you deserve.

Contacting a Social Security Disability Attorney to Protect Your Rights

If you suffer from a disability and think that you qualify for Social Security disability benefits, speak with a St. Louis attorney who understands the intricacies of these very complex cases. The Missouri Social Security disability attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.

Scientists Battle Prostate Cancer by Starving Tumor Cells

Fri, 25 Nov 2011 08:00:00 EST

November 18, 2011 - Science Daily reports that Australian researchers have learned how to starve tumor cells of prostate cancer, diminishing their capacity to grow.

Research funded by the Prostate Cancer Foundation of Australia found that the tumors particular to prostate cancer require a certain nutrient, a type of amino acid known as leucine. Scientists learned that they could interrupt the flow of leucine to the cancer cells in 1 of 2 ways - either by reducing the amount the protein pumps could channel or by introducing a competitive chemical.

Both approaches, according to Jeff Holst at the Centenary Institute, were found to have slowed cancer growth.

In some experiments, tumor growth was diminished by up to 50 percent, and researchers are ambitious about the outlook of this new chemical therapy. They hope to be able to forego surgical tumor removal if the chemical treatment has successful animal trials in the next few years.

If you or someone you love has been afflicted with prostate cancer or any other type of cancer, you may be entitled to Social Security disability benefits. The process, however, can be a harrowing one, and it's highly advisable that you speak with a St. Louis Social Security disability attorney who can navigate you through the system and minimize your wait time.

Contacting a Social Security Disability Attorney to Protect Your Rights

If you suffer from a disability and think that you qualify for Social Security disability benefits, speak with a St. Louis attorney who understands the intricacies of these very complex cases. The Missouri Social Security disability attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.

Stem Cell Infusion Leads to New Heart Cells

Fri, 25 Nov 2011 08:00:00 EST

November 18, 2011 - Science Daily reports that stem cell infusion has stimulated new heart cell growth by as much as 30 percent in recent trials.

The research, undertaken at the University of Buffalo School of Medicine and Biomedical Sciences, showed that new heart cells were generated by animals with chronic ischemic heart disease after they had been administered stem cells. The stem cells in question had been retrieved from cardiac biopsies, also known as "cardiospheres."

Chronic ischemic heart disease is typically characterized by a decreased blood supply to the heart tissue and is the most common form of death in most developed nations. Previous research has focused predominantly on how to re-grow heart tissue in damaged areas, but this team focused on regenerating muscle using these cardiosphere-derived cells (CDC) and infusing them into the coronary arteries of both damaged and normal regions of the heart.

John M. Canty Jr., a co-author of the study likened the approach of healing heart tissue to "planting seeds in fertile soil." Researchers in the team are hopeful that they will begin patient trials within a few years.

If you or someone you care about has suffered a heart attack or heart disease and is unable to work, a St. Louis Social Security disability attorney may be able to help.

Contacting a Social Security Disability Attorney to Protect Your Rights

If you suffer from a disability, you may qualify for Social Security disability benefits. For assistance with determining whether or not you are eligible for benefits, speak with a St. Louis attorney who understands the intricacies of these very complex cases. The Missouri Social Security disability attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.

In the Future, Heart May Heal Itself

Fri, 25 Nov 2011 08:00:00 EST

November 18, 2011 - Science Daily reports that scientists at the Max Planck Institute for Heart and Lung Research and the Schuctermann Klinik have identified a protein that could force heart muscle cells to revert to "precursor" cells.

What this development does is allow heart muscle tissue that has been damaged in a traumatic cardiac event to heal itself. Regenerating heart muscle requires a considerable amount of damaged tissue be replaced by new tissue, but another method - one that has been observed in lesser vertebrates such as the salamander - involves the surviving tissue regressing into an earlier cellular phase.

This process is called dedifferentiation, and it enables these precursor cells to repopulate and convert into healthy heart muscle cells.

It will be years before the molecule, dubbed oncostatin M, is synthesized in a usable form for human beings, but it could lead to considerable changes in the quality and expectancy of life for those who have suffered heart cell and tissue damage after a heart attack.

Many forget that heart attacks are not isolated events, and that they can have a lasting impact on a victim's livelihood and ability to work. If you or a loved one has suffered from a heart attack or other heart disease, you may qualify for Social Security disability benefits. Speak with an attorney who can explain the Social Security process to you and help you determine whether or not you qualify for aid.

Contacting a Social Security Disability Attorney to Protect Your Rights

If you suffer from a disability and think that you qualify for Social Security disability benefits, speak with a St. Louis attorney who understands the intricacies of these very complex cases. The Missouri Social Security disability attorney team at Bollwerk, Ryan & Tatlow, LLC fights for Missouri residents. Contact us today - 314-315-8111.

3RD CIRCUIT ADDRESSES EQUITY OF ERISA REIMBURSEMENT CLAIMS

Tue, 22 Nov 2011 08:00:00 EST

For the first time since the US Supreme Court discussed the scope of ERISA reimbursement claims in the case of Sereboff v. Mid-Atlantic Medical Services, a federal court has gone in a different direction in evaluating the equitable relief available for a health plan who has paid benefits in a situation where an injured person receives a settlement or judgment from a third party tortfeasor. The Third Circuit Court of Appeals in US Airways v. McCutcheon discussed how the term "appropriate" should be interpreted in the ERISA statutes in evaluating whether a health plan's reimbursement claim is truly equitable. In the US Airways case, decided on November 16, 2011, The Third Circuit Court of Appeals vacated a district court decision which ordered 100% reimbursement to US Airways (a self-funded ERISA plan), and also remanded the case to fashion "appropriate equitable relief." The court held that ERISA Section 502(a)(3) must be consulted in determining an ERISA plan's rights to enforce its plan terms. Section 502(a)(3) limits the available relief to an injunction or "other appropriate equitable relief." The court held that Congress thereby intended to limit the relief an ERISA plan has against a plan participant through the application of equitable defenses and principles, such as unjust enrichment to the plan.

It is still uncertain as to how this case will affect the landscape of ERISA reimbursement claims, or if it will be followed in the 8th Circuit (Misssouri is in the 8th Circuit). But one thing is for certain--a federal court has finally applied equitable principles to an equitable reimbursement claim under ERISA. Here's hoping that other circuits will follow this Third Circuit decision.

Missouri Supreme Court to Interpret Workers' Compensation "Equal Exposure"

Mon, 31 Oct 2011 08:00:00 EST

On October 25, 2011 the Missouri Court of Appeals Eastern District transferred the case of Johme v. St. John's Mercy Healthcare to the state's Supreme Court. The high court will be asked to decide whether certain accidents are compensable under the workers' compensation law.

In Johme, the employee, a billing representive for St. John's, broke her pelvis when she fell while making coffee in the kitchen at work. She did not slip or fall on something on the floor. Rather, she slipped out of her sandal and fell. The Court of Appeals held that nothing about her job as a billing representative caused the fall and injury, so it did not "arise out of" her employment as required by the Missouri workers' compensation law. That decision appears to be in conflict with a decision of the Southern District Court of Appeals in the case of Pile v. Lake Regional Health System. As a result, the Missouri Supreme Court is going to be asked to resolve the conflict between the decision of the Southern District and the decision of the Eastern District.

The Missouri workers' compensation law was amended in 2005. Currently, an injury at work may not be compensable if if it came "from a hazard or risk unrelated to the employment which workers would have been equally exposed outside of and unrelated to the employment in non-employment life." (citing § 287.020.3(2)(b)). In rejecting Johme's injury as a compensable worker's compensation claim, the Eastern District in Johme said, ".. the injury here did not occur because Johme fell due to some condition of her employment. She wore sandals to work of her own accord, and there is no allegations that the floor of the kitchen area had any spills or other hazards. In short, while making coffee Johme unexpectedly slipped off her sandal, fell and injured her pelvis. Nothing about her employment as a billing representative caused the fall and injury, and we should not say it 'arose out of' her employment. Prior to the 2005 amendments, Johme's argument would have been more persuasive, but the Legislature has since raised the bar. Under the current scheme, the above stated facts simply do not meet the threshold for an award of worker's compensation."

Again, this decision is seemingly in conflict with a decision of the Southern District in Pile, where the court held that if the risk of injury is related to employment, it is compensable under the workers' compensation law, and it doesn't matter if the worker would have been equally exposed to the risk of injury in non-employment life.

This is a very important case to watch. Judge Romines, who wrote the Johme decision, said that his interpretation of the law would mean that the "personal comfort doctrine" no longer exists. If the Missouri Supreme Court agrees, this could really deal a blow to workers who are injured on a break or on their way to and from the bathroom, as those injuries would no longer be compensable workers' compensation claims. Again, this is a very important case for the Missouri Supreme Court to examine for injured workers. We will follow its progress in the courts and will report the Supreme Court's decision when it is reached.

Missouri Supreme Court set to Interpret Workers' Compensation "Equal Exposure"

Mon, 31 Oct 2011 08:00:00 EST

National Labor Relations Board Ruling on Labor Law Policy Delayed

Fri, 21 Oct 2011 08:00:00 EST

October 14, 2011 - According to BNA, there is a delay in the ruling from the National Labor Relations Board in regard to federal labor law posting requirements. Originally scheduled for Nov. 14, a controversial ruling about requirements for private employers has been moved to Jan. 31, 2012.

This ruling is in motion to set requirements for private employers in the U.S. to post a notice, which informs employees what their rights are under federal labor law. This ruling was met with some opposition when it was first introduced in Dec. 2010.

It specifically requires that an 11x17 inch poster, which explains the rights of employees, be posted. Even companies that utilize electronic sources of communication will be required to post it.

The reason for the delay in this ruling is to make it clearer which businesses and trade organizations would be required to follow this and to educate more businesses of the federal policy; however, the delay could also result in challenges from federal judges.

If you would like to learn what your legal rights are as an employee if you have been injured while on the job, then you should speak with a Missouri Worker's Compensation attorney as soon as possible.

Contacting a Missouri Worker's Compensation Attorney

When a workplace accident in Missouri causes serious injury or death, Missouri Workers' Compensation is often the primary source of benefits to address the damages. Order our FREE guide to Missouri Workers' Compensation for injured workers and learn more about this often complicated system. If you have questions about Missouri Workers' Compensation or your claim has been denied, delayed or unfairly reduced, contact the Missouri Workers' Compensation attorney team at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.

ERISA Long Term Disability Benefits are not to be Offset by VA Benefits

Sun, 16 Oct 2011 08:00:00 EST

The US Court of Appeals, 8th Circuit, ruled on October 7, 2011 that an ERISA Plan Administrator's decision to offset long term disability benefits from a person's Department of Veteran Affairs benefits was incorrect and reversed the decision. The case is Riley v. Sun Life and Health Insurance Co.

James Riley worked for Summaria Systems until he became disabled from multiple sclerosis. He applied for ERISA long term disabilty benefits, and his claim was approved. The Plan began paying benefits. Mr. Riley was also a Vietnam War veteran and he received monthly VA disability benefits. Riley's MS was considered a service-related disability contracted during a period of war. The disabilty plan, Sun Life, decided that Mr. Riley's long term disability benefits should be reduced, as Sun Life claimed they were entitled to an offset, since the Plan said that long term disability benefits could be reduced by "other income." Riley appealed the Plan's decision to lower his monthly benefits, and the district court upheld the plan's decision to reduce benefits. Mr. Riley then appealed to the US Court of Appeals.

The US Court of Appeals reversed the district court's decision. Although the plan did allow for offset for income derived from Social Security, Railroad Retirement, or "any other similar act or law provided in any jurisdiction," VA benefits are not similar to Social Security and Railroad Retirement benefits, which are federal insurance programs. Instead, VA benefits are the federal government's obligation to wounded men and women during military service. As such, the court held that VA benefits are not similar to Social Security or Railroad Retirment Act benefits and thus, are not subject to the offset for "other income" benefits under the plan.

ERISA long term disability plans often contain clauses that allow the plan to offset the benefits for other income you receive. If you receive long term disability benefits and the plan administrator attempts to reduce your benefits for other income you receive, give us a call at 314-315-8111 and we will review the plan for you to see if the plan is actually allowed to offset your benefits.

Shillington Box Co. of St. Louis Listed among Best in Workplace Safety

Fri, 14 Oct 2011 08:00:00 EST

October 4, 2011 - St. Louis, Mo. - The Shillington Box Company of St. Louis is the latest Missouri business to be added to the Safety and Health Achievement Recognition Program's (SHARP) list of exemplary members.

The Missouri Department of Labor & Industrial Relations issued a press release on September 22^nd announcing that Shillington became the 36^th business to be recognized by SHARP. Businesses earning this distinction show exemplary conduct in promoting workplace safety and employee health.

Shillington has been in business since 1906 and manufactures corrugated packaging materials. Many of their 67 employees are members of the Carpenter's Local District Council of Greater St. Louis.

For the past 10 years, Shillington has worked on improving employee health and safety through numerous changes. Improved safety and wellness programs for employees, plus a greater attention to employee safety suggestions and concerns has cut down tremendously on workplace injuries at their facilities.

When a business qualifies for SHARP they must first be a participant in Missouri's On-site Safety and Health Consultation Program which monitors safety measures and incidents. This program has already helped Missouri employers avoid $4.6 million in OSHA violations and correct over 5,600 serious workplace hazards before they became potential accidents.

Contacting a Missouri Workers' Compensation Attorney

Job-related accidents can cause serious injury or death and leave you and your family physically, financially and emotionally compromised. Before you make a decision on how to handle your case, order a copy of our FREE eBook, How to Handle Your Missouri Workers' Compensation Case Yourself. Our guide explains the Missouri workers' compensation system and helps you decide when it's time to hire an attorney.

When you're ready, contact us to set up a consultation with an experienced Missouri workers' compensation attorney at Bollwerk, Ryan & Tatlow, LLC - 314-315-8111.