Posts filed under: Disability

By Donna Motley, Vice President of Claims

Statistics indicate 70% to 80% of individuals experience low back pain in their lifetime. I think most likely, everyone has had a sore back at some point in time.Think back to the last time you were working in your yard or garden, washing your car, cleaning your house, playing with your children/grandchildren. Or maybe your sore back is simply the result of an old bed mattress, saggy couch, sitting in one position for too long or driving a long distance. Could be anything.

A sore back can be the result of lifting, pushing, pulling, holding, carrying, throwing, slip/trip with a fall or without a fall, extended leaning, falling from ground level, falling from a height, climbing, bending, crawling, reaching, twisting, stepping, motor vehicle accident and repetitive motions.

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By Donna Motley, Vice President of Claims 

The path an injured worker’s claim can take, can go in many directions.

The perfect claim would be: an employee sustains an injury in the course of employment; it is reported immediately to the employer (supervisor or Human Resources) per company protocol; the injured worker is immediately sent to the Occupational Clinic for an evaluation, diagnosis and treatment plan; the claim is filed with the MTMIC Claims Department within 24 hours of the injury; the injured worker may be off the “rest of shift” and return to work the next day, with or without restrictions; the injured worker returns to the clinic, the injury has resolved, a full release and discharge from care has been given; medical bills are forwarded to MTMIC for payment; and the claim closes in 90 days or shortly thereafter!

It may sound somewhat “drawn out” but, basically, this is an example of a “simple” claim.

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By Donna Motley, Vice President of Claims

I received notice of litigation the other day regarding an injury that allegedly occurred many years ago. The injury did not occur while MTMIC was the Workers’ Compensation carrier, but we currently insure the employer where the employee works. The original injury occurred in 2002. That’s correct – the employee sustained an injury to his foot when he jumped off a truck 17 years ago, and he is now alleging “total disability”. The employee has been working these past 17 years, not necessarily without incident or treatment, but certainly there have been other circumstances in his life that may have had an impact on his feet!

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By Donna Motley, Vice President of Claims

The Michigan Workers’ Compensation Act & Administrative Rules originated in 1912. The Act was revised with Amendments in 1969. Then in 2011, at 100 years old, the Act was updated with Statute changes to accommodate the past amendments and hopefully, better address, with clarity, issues facing our ever changing world. One of the updated issues was to define “disability”. No longer is the injured worker considered disabled because they cannot return to the job that caused their injury. Disability as defined by the Workers’ Compensation Act is: “A limitation of an employee’s wage earning capacity in work suitable to his or her qualifications and training. . . . . . The establishment of disability does not create a presumption of wage loss.”

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By Donna Motley, Vice President of Claims

I think, as an insurance company, we are automatically given a bad reputation. Most people, at one time or another over the course of years, have had an experience with their insurance carrier, either vehicle or home owners. I am no exception. I would agree with most people that when dealing with a home or auto insurance carrier, there is a huge emphasis placed on damages that equates with “money”. While it is the carrier’s responsibility to make the insured whole, the dollar and cents are watched closely. And I do realize there is a lot of fraud in auto and home owners insurance make this scrutiny necessary.

In Workers’ Compensation, our responsibility is to make the “injured worker” whole. With all the possible variables surrounding a work related injury, how do you place a dollar value on that? There is a book sometimes utilized in the Workers’ Compensation industry entitled “Official Disability Guidelines” – or the ODG. Easily accessible on the Internet, the ODG categorizes by injury and provides the average number of days away from work for that injury, the estimated Indemnity and Medical costs associated with that injury, billing procedure codes, best practices for a return to work (with or without surgery) and suggested restrictions for returning to work based on job duties of the injured worker. In a perfect world, right?

While interesting reading, we at MTMIC do not utilize the ODG. Similarly, medical (treatment) decisions are not based on the “cost” of a procedure. Yes, when a claim is established in our system we have to establish a dollar figure that should cover full treatment until the injured worker is recovered and returned to work. This “reserve” is medical based description of the injury, extent of the injury, taking in to consideration the age of the injured worker, possible co-morbidities and physical skills required to return to work. It is not the decision of the Claims Department for an employee to have a CT Scan vs. MRI – that is the decision of the treating physician. We can make suggestions and ask questions, ask for an explanation and decide to dispute the requested test, but the dispute is based on medical evidence and not dollars spent or to be spent. We do make sure testing or physical therapy is not being performed because “they can”. Before authorization is extended, there has to be a medical basis and is warranted.

I can’t tell you how many times injured workers have accused us of making a decision “just to save money”. Or that we only allow injured workers to treat with a “Workers’ Compensation” doctor. It is true that we will not allow treatment with certain doctors, our decisions are not based on money, they are based on medical outcomes. We handle a lot of claims in our office and are able to witness physicians’ results. We want the best doctor for the injury. No one benefits, physically or monetarily, if the treating physician is not skilled in their practice – not the employee, employer or insurance carrier.

Adjusters are human too! Among our Claims Department staff and family members, we have experienced broken bones, trigger finger, tendinitis and carpal tunnel syndrome. And who did we seek to treat – the same physicians that we utilize for our claimants. If we are personally satisfied with the physician’s results, why wouldn’t an injured worker be satisfied? We tend to utilize physicians that are no nonsense so maybe the injured worker just doesn’t like what the doctor has to say. We are not cold or heartless, our goal is to have the injured worker recover, while at the same time keeping an eye out for fraud!

By Donna Motley, Vice President of Claims

Recently there have been several stories on local News stations claiming the “injustice” of our current Workers’ Compensation system. Allegations have been made by a well known, local plaintiff attorney, that part of the medical profession conspires with the insurance companies to “deny” Workers’ Compensation claims. And that the doctors are making thousands and thousands of dollars by doing so. It just so happens, this plaintiff attorney, who attends local Union meetings soliciting business, once filed a RICO (Racketeer Influenced and Corrupt Organizations Act) suit against us, as well as against our insured (employer/owner), claims adjuster and medical evaluation doctor. We tried the case in the Workers’ Compensation courts AND WON. We also WON on Appeal. We WON in civil court which was appealed to the Supreme Court who denied the appeal as well. Since the case against us, this attorney continues to file similar cases against other carriers and besmirch insurance companies/carriers and all connected with defending these claims.

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By Donna Motley, Vice President of Claims

lifting-with-backStudies have indicated that the longer a person is off work due to a work related injury, the less likely they are to return to productive employment. Once (physical) restrictions are imposed by the treating physician, an employer has the decision to make whether or not they will let the injured worker return to work with those limitations. For the office worker that is given the restriction of “sit down work only” or the machine operator that is restricted to “no lifting over 50 pounds” and his regular job does not require any lifting or only lifting up to 10 pounds, the decision to return the employee to work is not that difficult. As indicated, a return to work policy is beneficial for the employee as they remain productive members of society, and the employer, as it does not impede work flow and will aid in limiting their Workers’ Compensation exposure. Bringing an employee back to work with restrictions also sends a message to all employees that being injured at work will not result in a paid vacation!

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By Donna Motley, Director of Claims

During my many years of handling Workers’ Compensation claims, I’ve dealt with all kinds of injured workers. Two claimants stand out in my mind as being the nicest people, and they sustained the most severe and tragic injuries.

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One  case occurred in 1997. A 24 year old father of two (who had a pretty idyllic childhood) went on an early morning run to assist a company semi that had broken down on the side of the highway. The truck was 5-6 feet off the road, on the shoulder, with orange cones and triangles up and flashers on. The driver of a pick-up truck presumably fell asleep at the wheel and hit our insured while he was under the hood of the company truck, tossing him several feet into the highway. The injured worker had to roll himself out of the path of oncoming traffic to avoid being run over. The end result – the injured worker’s left leg was amputated and his right foot was crushed. The amputation was originally below the knee, but due to complications, ultimately ended up amputated at the thigh. At 24 years old, this gentleman was very active, was even a volunteer fire fighter. Yes, he sought the advice of an attorney (although he did not sue), yes he collected money from the automobile carrier of the vehicle that hit him, and yes, Workers’ Compensation insurance has paid (and continues to pay) all of his medical bills. He has a prosthetic leg and has had multiple surgeries on the right foot due to continuing pain – to the point he has asked on more than one occasion that we amputate the right foot.

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