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An important message from WAJ President Mark Thomsen NewsTop Headlines
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If you have any questions you would like me to address in this blog, please don't hesitate to contact me or visit our main website at www.derzonmenard.com. 2007 WAWCA Annual Worker’s Compensation Seminar This year’s WAWCA Annual Worker’s Compensation Seminar will be on Thursday, June 28, 2007, in Middleton. Save the date! Supreme Court Decisions in 2007 Acuity Mutual v. Olivas, 2007 WI 12 - Definition of employees, independent contractors DaimlerChrysler v. May, 2007 WI 15 - Payment of minimum PPD under Wis. Admin. Code section DWD 80.32 for multiple surgeries
An important message from WAJ President Mark Thomsen State budget bill passes, has implications for you and your clients One of our priorities for this legislative cycle was to make significant changes in Wisconsin's auto insurance laws. In addition to the "Truth in Auto Insurance" provisions the budget also mandates auto insurance in Wisconsin, making New Hampshire the only state that does not require drivers to carry insurance. While WAJ did not make this a priority we urged passage of this provision once it was added to the budget in the State Senate. The Governor did veto two auto insurance provisions we had advocated. The liability rate increases were to be phased in over a three-year period up to $100,000/$300,000/$25,000. While the first increase goes into effect in 2010 - $50,000/$100,000/$15,000 - the remaining two increases were vetoed. The rates will still be subject to a CPI increase every 5 years beginning in 2017. The elimination of the "drive other car" exclusion was also vetoed. The budget also provides a provision that takes the regulation of medical record copying fees and places the rate into the statutes. This eliminates the requirement for the Department of Health and Family Services to conduct an administrative review of the rates every 3 years. This language also states that the medical bills are presumed to state the reasonable value of the services provided and that they are presumed reasonable and necessary for the care of the patient. Thanks goes to all WAJ leaders and staff who worked so diligently on these issues. Without your strength to keep fighting and never giving up we would not be where we are today. Take a minute to review the list of changes below. I am confident each of you will see the positive benefit of these efforts on behalf of you and your clients. I am hopeful that you will renew your commitment to the efforts of WAJ when called upon. (The budget act, Act 28, is available online at http://www.legis.state.wi.us/. It is on the right side and designated, "2009 Budget Bill as vetoed (Act 28)" I have put the sections and page numbers after each provision, so you can find the provisions online. Truth in Auto Insurance Provisions Health Care Copying Costs: NOTE: One provision concerning the cost of requesting electronic records was vetoed. Because we are not sure of that implication, the WAJ office is recommending that attorneys request paper copies of all medical records at this time. In addition, under Wis. Stat. 908.03 (6m) the definition of health care providers was broadened to include all health care providers under 146.81(1) and the billing statements and invoices are presumed to state the reasonable value of health care services provided and are presumed reasonable and necessary to the care of the patient. (Section 3285gb, pages 614-15) Effective Date: These provisions go into effect on July 1, 2009. (Section 9322(9c), page 680 and Section 9400, page 685) I look forward to seeing you in Door County at the WAJ Summer Seminar July 10-11 to update you on what additional programs and legislative initiatives we have planned and to hear your views.
Importance of Documentation Please remember that documents, such as the accident report and your medical records, are keys to your case. These documents can get you the benefits that are due and owing to you. The accident report must be made with your employer as soon as possible. Document exactly how the accident happened and what body parts was injured. Notify your superior as soon as the accident occurs, so that the documentation process can begin immediately. Medical records are the most important documents for your case. They are vital to your worker's compensation case, as they are the evidence of the cause of the injuries, evidence of the injuries that occurred, as well as the extent of the injuries. Please be sure to tell your health care provider that this injury occurred at work. Some clients forget to tell their doctors that their injuries occurred at work, and this can become a problem later on. Keep in mind that documents, such as medical records, are vital to your case and are the means of support that will get you the benefits you are owed.
IME Form Intro Documentation is key for your case. Here is a link to a form about the IME (Independent Medical Exam) that you can complete after the exam. Please be sure to read the questions before you enter the exam. Do not bring this form with you into the examination room. This form is to keep a record of your thoughts during the exam, as well as a record on the actions of the doctor examining you. This will be a useful tool for your case and will help your attorney with your case.
IME Letter When you get injured on the job, some insurance companies will require you to attend an IME (Independent Medical Exam), where a doctor hired by the insurance company will examine you to determine if you are in fact injured from an accident that occurred from your workplace. If an IME has been scheduled for you, please keep these ideas in mind:
This doctor has been hired by the insurance company to provide an independent evaluation of your case. Their report can indicate whether your benefits will continue, or if your benefits will be denied. If you have been denied your benefits, contact the law firm of Derzon & Menard, S.C. here.
Q: When I report an injury at work should I fill out an accident report? A: Yes! Immediately request an accident report form from your employer. The accident report needs to be completed in detail. Even if you dont get medical attention that day. You need to have something on file. Always make a copy of he report that you submit to your employer. I cant tell you how many times the reports are missing. This is the first step in documenting your case. Remember in Workers compensation cases DOCUMENTATION is everything.
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