Worker's Comp Update

We have a diagnosis.

Walter's inflammation condition is called *chondocondritis.* It's a chronic inflammation of the cartilage all over one's chest - where the ribs connect with the sternum, at the side of the ribs, and other areas almost up to the neck. It can be triggered by an accident, especially the kind Walter had.

The doctor says it may get better in a year or so. But probably not.

He said Walter could try a special cortisone shot treatment, which requires several hours in the hospital, but it probably won't help.

Considering the circumstances, Walter felt he more or less had to agree to try it. *Not Cooperating With Treatment* is a big no-no in a workers' comp claim.

They scheduled the treatment for Tuesday, 9/2, the day after Labor Day. That morning the doctor's office called to cancel. The poor doc had to get some sort of emergency surgery himself. They didn't say why. They did say they had no idea when the doc would be better and seeing his patients again.

Meanwhile, the employer's one and only Worker's Comp person took vacation this week. He didn't tell Walter though.

They do have a nurse on staff. She said they'd schedule up that shot with another doctor.

When we told our attorney what the diagnosis was, he said there was almost certainly no settlement claim.

What?!?

He said it was a medical claim only - they'd pay to treat his condition as long as needed, to the end of Walter's life if necessary, but that's all. No damages for the permanent condition the injury triggered.

Of course, since the attorney's fee is 25% of any monetary settlement, he's no longer interested in representing us.

We think he's probably right about the claim. Worker's Comp laws are very limited. Another situation that most Americans don't know. Politicians - and their kith and kin - love to pose outrage at *ridiculous* huge Worker's Comp settlements, just like medical malpractice. Most, or maybe all, states have this formal Worker's Comp formula for settlements, and they're almost never more than several thousand dollars.

In Walter's case?

Pain is not a disabling condition.

Not here. Not anywhere, probably.

Even if the pain is such that it prevents him from doing his job. And believe me, none of us want a person driving a big rig with a chronic pain problem in their chest, right where that big seat belt goes. Let's say there's an accident, or something suddenly appears in the roadway, as a big rig is tooling down the road. The big rig driver reacts to avoid causing another accident. When you get a jolt of pain, say from a sudden movement to steer away or so forth, it slows reaction time considerably. That's not safe.

Me, I think this *no monetary claim* business is outrageous. Walter's permanently disabled now, and in such a way that he's lost his livelihood forever. But there's nothing we can do, except argue our case with the employer through the state mediator. He's a decent guy, and he said he finds these particular cases outrageous too.

He also says there's almost no chance of any settlement for Walter's claim.

Meanwhile, here comes Ike...
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