Example of Supermans' "Workers Paradise"

[Rodeo]

If you have a suggestion, make it. *****in' about it won't help.

If someone becomes disabled on the job and is unable to work, the system either enables them to heal by providing medical treatment for their injuries and an income while healing, or it throws them to the wolves.

[lendaddy]

Originally posted by Rodeo

What you describe is a guy with a pre-existing condition that made his condition more severe due to a work-related injury. I must say that I have no idea how the arthritis plays into this, as I don't believe there is a surgical remedy for that

Your lawyer appeared to accept the bona fides of the worker's claim with no objection. That tells me a lot. So far the system appears to be working exactly as intended.

Ok, first you keep implying that I am not telling the truth in regards to his "injury", this is not the case (though I appreciate the sentiment )

He was diagnosed with "Basilar joint arthritis"

The doctors exact quote is as follows regarding his recommendation:

"This patient continues to do poorly. I do think he is a good candidate for basilar joint reconstruction, but I think that despite surgical intervention, he will probably require long-term, if not permanent job restrictions when he returns to work, minimizing repetitive and forceful pinching and gripping. He is aware of this. He had no further questions."

So yes Rodeo, there is "a surgical remedy for that". I don't make things up believe it or not.

[Rodeo]

Not at all, don't be so touchy. You are telling the story from your perspective, which is perfectly normal. I'm trying to get the other perspective, the one that led your lawyer to conclude that the guy had an open and shut case.

So he suffers from what is basically a repetitive motion injury to his basilar joint. And you got charged for it, even though he only worked for you for a year.

Maybe the disease was years coming, but you got hit for it. I understand.

What is the alternative? Trace all his employers for the past 15 years, and make them contribute? Let the state (you and me) pay rather than the employer? Let him fend for himself?

I agree it was a lousy break for you, just wondering what are the alternatives.

[Eric 951]

Originally posted by Rodeo

If someone becomes disabled on the job and is unable to work, the system either enables them to heal by providing medical treatment for their injuries and an income while healing, or it throws them to the wolves.

You forgot: or allows them to collect comp payments to finance their active lifetsyles outside of work.

I have seen it all, a guy whom gets injured on the job(cut hand)--works another 3 weeks on the job doing the same work, when the job ends files a comp claim and collects $$$ all winter.
A guy whom injures himself over the weekend on a non-work related activity, shows up Monday morning, picks up a sawhorse and claims debilitating back pain--goes on comp.
A guy whom double-dips collecting comp in 2 states simultaneaously.
Defending ourselves against a comp claim where we were named--as a case of mistaken identity--another company which uses a similar name but does a completely different type of work--you still have to respond to the lawsuit, although we got off "easy" on that one, only having to spend about 3K.
guys whom are supposedly so crippled they can hardly move--with doctors notes too--hunting, working on their cars, mowing their lawns, etc.

Scumbags all--working the system to their advantage, the comp carriers find it cheaper to pay than fight--after all then they can jack up our premiums.

[lendaddy]

I don't see this as employer responsibility at all, it's a cumulative illness. He has health insurance, that would have taken care of it, but he actually makes money on the deal if he claims it was work related (which I am tasked to dis-prove), so which way do you think he goes?

If my hi-lo ran over his foot, them yes it's comp. But if he gets lung cancer and claims welding in my shop contributed (even though a lifelong smoker) that should not be Comp.

[Nathans_Dad]

Just to clarify:

Basilar joint arthritis essentially is arthritis of the joint at the base of the thumb. There is a reconstructive surgery out there where they take a piece of a tendon from the arm and sort of a make a loop between the joint, it functions as a sort of artificial cartilage. My dad had the same procedure with good results. He paid for it though (or at least his medical insurance did). No idea what the cost is but $30k is probably about correct.

Also, basilar arthritis is the result of years of repetitive injury. It doesn't come up after one year of work...

[lendaddy]

Thanks Rick,

Am I also correct in my assumption that doctors are scared ****less about "underdiagnosing" these comp cases for fear of legal retaliation? Not just the diagnosis, but how about the ability for a doctor to say "This guys full of ****, this did not occur as described, etc..." I imagine you would need monster size nuts to put that on a diagnosis even if true.

[Nathans_Dad]

Well, the problem lies in the type of doctor that usually does these comp exams. They aren't (usually) the cream of the crop. Comp exams are often done either by docs who can or won't work in a better job, are fresh out of residency or moonlighting while in residency and looking to make a quick buck.

I did comp exams for about a month while I was in residency and quit. Too much hassle and God help you if you told the worker his injury may not be work related.

Most of the comp cases I saw (probly 70%) were legit injuries on the job. The other 30% were people coming up with difficult to prove diagnoses like fibromyalgia and saying it was due to stress at work or whatever. I couldn't handle it, too frustrating.

The good news is that there really isn't any pressure (at least where I was working) to make a diagnosis in favor of the patient. You are working for the insurance company, so if you think the claim is bogus you just say so.

[lendaddy]

Fair enough. In this case the diagnosing doctor kept using the phrase "may have aggrivated" in regards to his employment with me. It seemed like a both-ways-out for him.

[Rodeo]

Originally posted by lendaddy
I don't see this as employer responsibility at all, it's a cumulative illness. ***

So is black-lung disease, but that doesn't mean it's not work-related, or should be outside the workers comp system.

Some injuries are traumatic and immediate, some take time to develop. The key inquiry is whether the injury is "work-related." If it is, that's precisely what workers comp was designed for.

If the guy worked for you for 30 years pinching parts and developed this injury as a result, I don't think you would complain.

The key problem here is that he was with you only one year, and you got charged with 100% of the cost.

[Nathans_Dad]

I would say the physician was correct, depending on the type of work he did.

It MAY have exacerbated the condition, same way if I put an old lady with arthritic hands to work stringing beads it would exacerbate her condition.

I think the issue here is that the work this guy did for you for the year he was employed certainly did not cause his problem. His problem is the culmination of years of repetitive injury. I agree that it is not right for you to get stuck with the hot potato and have to pay 100% of the cost. Sounds like that is why the worker's comp system needs to be fixed.

[gaijindabe]

Getting old and worn out has been turned into a disease. And someone must pay. The baby boom generation strikes again!

[Rodeo]

Not really.

Suffering an injury from a repetitive motion that you are required to perform to fulfill the duties of your job is a disease.

I trust you understand the difference.

[lendaddy]

That's my point, this wasn't employer neglect like black lung. This guy just did light work with his hands. I didn't hide the risks or fail to provide/deny him remedies or aides. I did NOTHING wrong, yet I foot the bill.

[artplumber]

Originally posted by Rodeo
Not really.

Suffering an injury from a repetitive motion that you are required to perform to fulfill the duties of your job is a disease.

I trust you understand the difference.

Of course, len forced him to choose that profession and forced him to take the job.

Do you understand the difference?

[Rodeo]

I suppose your post makes some sense in your universe, but not mine.

[lendaddy]

Originally posted by Rodeo
I suppose your post makes some sense in your universe, but not mine.

So you think the employer should be required to maintain the body of his employees.? Even if the wear and tear is inherent in the work, like masons or tile layers.

[Tim Hancock]

If a person chooses to work at a job that has repetitive motions and as time goes by, their body starts complaining, I say they need to find another job.

To me, this is like a pro football player sueing the NFL because after 7 years in the league his body is going to hell on him.

This guy chose where to work all his life. If he didn't want to do manual labor, maybe he should have chosen a different career path.

My grandpa was a carpenter all his life by his choice. He moves pretty slow now. He would never even think to blame it on anyone else. Our legal system is slowly but surely creating a society where personal responsibility is becoming a thing of the past. Greedy lawyers and liberal politicians are at the root of the problem.

I design custom automated machinery for a living and I am amazed at how "safe" these machines are required to be now. A toddler could crawl around most of them while in operation and not get hurt. The rising cost of these machines due to the growing requirements for safety and ergonomics is causing alot of work to go overseas where workers do not sue their employer when they choose to stick their hand in a spinning saw blade.

[widebody911]

Damn it feels good to be a teamsta!

Originally posted by legion
As I walk through the valley of the shadow of death
I take a look at my life and realize there's not much left
Cause I've been working and lifting so long that
Even my woman thinks that my libido is gone
But I ain’t never crossed a boss that didn't deserve it

Me be treated like a punk, you know that's unheard of

You better watch how you talking, and where you walking
Or you and your cronies might be payin' da premiums
I really hate to brag but I gotta say
As they pay I see myself in a fishin' boat ... fool
I'm the kinda guy that the greenhorns want to be like
On my ass in the court, giving dep's in the wood booth

They been spending most their lives living in the worker's paradise
We keep spending most our lives living in the worker's paradise

Look at the situation, they got me facing
I can't be expected to work, I was taught to scam
So I gotta be down with the law team
Too much television watching got me chasing sirens

I'm a educated fool with money on my mind
Got my 40 in my hand and a gleam in my eye
I'm a doped up loser playin' the law game
And my union is down so don’t arouse my anger ... fool
Work ain’t nothing but an injunction away
I'm living life for free man, what can I say?
I'm home now but will I live to see the couch?
The way things is going I don't know

Tell me why are we so blind to see
That the ones we hurt are you and me.

They been spending most their lives living in the worker's paradise
We keep spending most our lives living in the worker's paradise

Power and the money, money and the power
Minute after minute, hour after hour
Everybody's running, but half of them ain’t looking
What's going on in the kitchen, but I don't know what's cooking
They say I've got to learn but nobody's here to teach me
If they can't understand it, how can they reach me

I guess they can't
I guess they won't
I guess they front
That's why I know my life is out of luck ... fool

They been spending most their lives living in the gangsta's paradise
We keep spending most our lives living in the gangsta's paradise

Tell me why are we so blind to see
That the ones we hurt are you and me.
Tell me why are we so blind to see
That the ones we hurt are you and me.

[Tim Hancock]

Originally posted by lendaddy
So you think the employer should be required to maintain the body of his employees.? Even if the wear and tear is inherent in the work, like masons or tile layers.

If things keep progressing the way they are, we will have to have all new houses shipped to us from overseas, because employers will not be able to risk having a guy run a saw or lift a board.