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SEPTEMBER 2024 Kunkel Case Files 724-438-3020 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com How Workers’ Compensation Settlement Works
an attempt to settle the case. A workers’ compensation mediation is an informal proceeding where the parties meet with the WCJ assigned as a mediator to discuss the case and proposed settlement terms with the parties separately. When evaluating settlement, it is important to keep in mind the three main types of damages available under the law: 1) lost wages or indemnity benefits; 2) medical benefits, and 3) specific loss benefits. Specific loss benefits are paid to an injured worker who loses a specific body part (e.g., hand, thumb, etc.) or has suffered permanent scarring of the head, face, or neck. In most cases, the injured worker is only eligible to receive wage loss benefits and medical. Evaluating a settlement is different for each person, but we always consider the following factors in each case: • Your personal financial circumstances, including if your spouse or partner works and whether you will be able to find other suitable work. • Whether you are receiving or plan to apply for Social Security Disability benefits. If so, will it be necessary to seek approval of a Medicare Set-aside Arrangement for future medical expenses. • Where there is ongoing treatment, how will future medical expenses be paid? • A realistic assessment of any petitions filed by the insurance company seeking to reduce or terminate your benefits. There are many advantages to settling your workers’ compensation case, not the least of which is that you no longer need to deal with the insurance company. Rest assured, in every
If you are injured at work and receiving weekly workers’ compensation benefits for any length of time, you or the insurance company will likely consider settling the workers’ compensation claim for a one-time lump sum. Contrary to what you may have heard, workers’ compensation settlements can be extremely complex and typically involve consideration of many factors and other benefit programs the injured worker may be eligible to receive. Settling a workers’ compensation case is serious because it is a final settlement of the claim. Once a settlement is approved by a Workers’ Compensation Judge (“WCJ”), the insurance carrier does not pay any more benefits beyond the lump sum settlement. Also, in the vast majority of cases, the insurance carriers insist on a release from future medical benefits as well, leaving the injured worker liable for future work-related medical expenses. The initial question for the injured worker should be whether the timing is right to seek settlement. In my view, the primary consideration with timing is whether the injured worker has undergone any surgeries or other major medical procedures needed to treat the injury. If the doctors are considering surgery or other procedures in the near future, the injured worker should wait until after the procedure to ensure the medical bills are paid by the workers’ compensation carrier and there are no further complications from the surgery or procedure. Insurance companies generally use the term “maximum medical improvement” or “MMI” to describe an injured worker who has work-related restrictions but is only receiving occasional treatments or medications for the work injury. Once the injured worker reaches MMI, the insurance company may seek to have the injured worker examined by a physician paid by the insurance company to conduct a so-called “independent medical examination” or “IME.” If the IME doctor agrees you have reached MMI and continue to have restrictions related to the work injury, the insurance company may seek to find you other work or, if you have been off work for more than two years, request an Independent Rating Examination to determine the extent of work-related restrictions. Often, the insurance company files a modification or suspension petition seeking to reduce the amount of benefits based on the injured worker’s potential earning power. Insurance companies employ this tactic in an effort to increase their leverage over the injured worker in settlement negotiations. If there is pending litigation, the parties usually agree to proceed to mediation before a WCJ who is not assigned to the litigation in
case, we work hard to ensure our clients understand their rights and receive the maximum settlement possible. If you or a family member has any questions about a workers’ compensation claim,
please feel free to give us a call at (724) 438-3020. We are here to help in any way we can.
–Greg Kunkel
www.KunkelLawFirm.com • 1 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
These Financial Tips Still Work! LIFE LESSONS FROM THE GREAT DEPRESSION
and more help people earn enough to make ends meet. If all else fails, be open to moving to a cheaper area, like some families chose to do during the 1930s. Get in the Kitchen The cost of dining out continues to rise, meaning cooking at home is an easy and fun way to save money and connect with your family. Even if you lack culinary skills, you can find many inexpensive and satisfying Depression-era recipes online or in your grandmother’s recipe box. Not everyone enjoys cooking, but knowing your way around a kitchen will dramatically decrease your monthly food bill. Don’t Replace — Repair! What do you usually do when an appliance breaks down? Do you call someone to repair it or just get a new one? Both options are costly, and neither were feasible during the Great Depression. What did they do back
then? They fixed it themselves — a practice that’s even easier in modern times thanks to the internet. YouTube is an excellent resource for DIY tutorials for various products, and you can often find step-by- step instructions for specific models! Watch Those Pennies A famous quote during the Great Depression is still relevant even after more than eight decades. It goes, “If you watch your pennies, the dollars will take care of themselves.” In other words, spare change adds up. Whether you’re putting away 20 bucks or 20 cents, it’ll add up to big savings in time. During the Great Depression, people came together to support their communities, knowing there was strength in numbers, especially regarding survival. Despite being so far in the past, you can leverage the wisdom of the era to climb toward a brighter financial future tomorrow.
Breadlines, tent cities, people struggling to find work — the Great Depression was a national struggle. Reflecting on this historic time offers invaluable lessons on survival, community building, and resilience. What can we learn from such a tumultuous period? Let’s explore four enduring life lessons from this era. Be Flexible Adaptability is critical to surviving tough times. If and when those situations arise, learning to live within our means is crucial, which requires a lot of flexibility. During the Great Depression, people knew odd jobs were better than no job at all, and these days, several apps like Uber, Instacart,
AMERICA’S MOST BIZARRE LEGAL RELICS LAWS GONE WILD!
Get married in Texas by publicly announcing yourselves as husband and wife three times.
Thanks to our country’s perpetually in flux judicial system, countless laws are still on the books that echo times long gone. They’re outdated and absurd, often leaving citizens wondering, “What necessitated that rule?” Let’s look at some bizarre laws from across the U.S. (even if no one enforces them)! If you’re in Wyoming, avoid tattooing any horses. This law was made to stop people from making horses unrecognizable to their owners. Apparently, that was a big enough issue back in the day that it needed to be codified. Don’t tie your giraffe to a telephone pole or streetlamp in Georgia. Isn’t it embarrassing when there’s nowhere to tie up the family giraffe on a quick errand? Wait, what? Don’t tie that long-necked beauty to the wrong anchor point in Atlanta. It’s believed this rule was enacted to prevent animal abuse, but it is unclear why lawmakers got so specific.
Make it legal with three public announcements, even if only one
spouse is present for the proclamation. The requirement states that both parties must be willing participants, over 18, and unrelated. All cats in New Jersey must wear three bells to alert birds of their whereabouts. Outdoor cats are notoriously dangerous to the local wildlife populations, and Cresskill, New Jersey, decided they needed a law to protect feathery friends from their greatest foes. We’re not sure the cats are on board with this rule. If you’re caught flirting in New York, you could pay a $25 fine. In the early 1900s, flirting was such an issue that cities held an annual Anti-Flirt Week. This law aimed to help women feel safer on
the streets by diminishing catcalling from passing motorists. Reportedly, a second offense would require the offender to wear horse blinders in public! While these laws may seem silly, no one enforces them anymore — even though they’re still on the books. Instead of holding any weight, they offer a glimpse into the concerns of our forefathers. The next time you encounter a strange law in your town, take a moment to ponder the history; you never know what you might learn about the place you call home.
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Baby showers are entertaining, but nesting parties are fun and functional! This viral trend has been all over social media for good reason! Essentially, you invite over friends and work together to tackle tasks for the baby’s arrival. If this sounds like a good idea, here are four tips to keep your nesting party productive and enjoyable. Make a list of tasks and gather supplies beforehand. Does the nursery need to be painted or decorated? Does furniture need to be assembled? Do you have equipment that needs to be installed or tested? What about sanitizing bottles, washing and folding baby clothes or linens, and organizing the baby’s room? Figure out the priority tasks, then collect all the necessary supplies to complete the jobs at the party. Carefully select your guest list. Who is the most helpful amongst your inner circle? If you have friends notorious for hiding when a chore comes up, they probably wouldn’t be a good guest for your nesting party. But don’t invite too many people! As the saying goes, “Too many cooks in the kitchen spoil the soup.” Delegate jobs based on individual strengths. As guests arrive, dole out tasks based on their strengths. Is your cousin great at organizing? Put them in charge of the baby’s room. Is your bestie an excellent cook? Have them work on meal prepping some freezer options for those post-partum days when you need to fuel your recovery but don’t have the energy to feed yourself. Is your brother a gym rat? Assign him to rearrange furniture and other tasks requiring muscle. Aligning the tasks with everyone’s preferences or skills keeps frustrations to a minimum so you can enjoy this time with your loved ones. Keep it simple. Order takeout from a favorite local spot, provide beverages, and use disposable options for tableware. Remember, while fun is sure to be a byproduct of spending time with loved ones, the goal is to be productive, so the more manageable the party is to clean up and take down, the better. Skip the Baby Shower — Throw a Nesting Party! This Viral Trend Spotlights a Mom’s Needs
TAKE A BREAK
PERFECT PEACH COBBLER
Ingredients
• 2 tsp baking powder • 1/2 tsp salt • 1/2 cup cold butter, cut into pieces • 1/2 cup milk • 2 tbsp butter, melted
• 6 cups sliced fresh peaches • 1/2 cup granulated sugar • 2 tbsp all-purpose flour • 1/4 tsp ground cinnamon • 1/4 tsp ground nutmeg • 2 cups all-purpose flour • 1/3 cup packed brown sugar
Directions 1. Preheat oven to 375 F and grease an 8-inch square baking dish. 2. In a large bowl, combine peaches, sugar, 2 tbsp flour, cinnamon, and nutmeg; mix until blended, then spoon into prepared dish. 3. In a medium bowl, combine 2 cups flour, brown sugar, baking powder, and salt. 4. Cut in butter with forks or pastry knife until mixture resembles coarse crumbs. 5. Add milk and stir until just blended. 6. Drop dough by spoonfuls onto peach mixture and drizzle melted butter on top. 7. Bake for 40–45 minutes or until top is golden brown.
www.KunkelLawFirm.com • 3 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Kunkel Law Firm 724-438-3020
PRST STD US POSTAGE PAID BOISE, ID PERMIT 411
66C Lebanon Avenue Uniontown, PA 15401
INSIDE THIS ISSUE
1 2 3
How Workers’ Compensation Settlement Works
Time-Tested Financial Tips
Bizarre Laws That Are STILL on the Books!
Perfect Peach Cobbler
What’s a Nesting Party? Plus, How to Throw One!
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‘Survivor’s’ Erik Huffman Arrested for Domestic Violence
Published by Newsletter Pro • www.NewsletterPro.com
GETTING VOTED OFF THE ISLAND? This ‘Survivor’ Couple’s Marriage Might Be on the Rocks!
Reality star Erik Huffman was arrested for domestic violence charges following an alleged public altercation with his wife, Jaime Dugan, another alum of “Survivor.” The couple met while filming the show in 2007 and have been together since — however, new information hints at trouble in paradise for the pair. According to police reports, authorities responded to reports of a disturbance at a local convenience store in Spartanburg, South Carolina, this past January. They found Huffman, who told officers he was looking for his wife, claiming she had left him in the parking lot after the pair argued. Huffman seemed to imply that his wife might be thinking of harming herself, telling authorities that he wanted to make sure she was safe and medically okay. When police caught up with Dugan and got her side of the story, the plot thickened. According to the police report, she’d discovered while on the way to the store that her husband had a secret second phone, which led to a fight where Huffman broke one of Dugan’s fingernails and left a series of minor scratches on her hands. This incident made her feel unsafe, so she left him and drove away. Officers decided Huffman was the aggressor in the situation and arrested him on domestic violence charges; however, the case was closed the following day.
Married since April 2009, the pair has a child and found common ground in shared values, having both grown up in the South. “We were automatically connected because we grew up in the same town,” said Dugan in 2020. “We felt at peace with each other.” While neither one of them won their season of “Survivor,” Huffman ultimately finished in sixth place. This latest news leaves fans of the show and the couple in limbo as they wait to see how their relationship progresses. Will they be able to repair their marriage? And why does Huffman have a secret phone his wife doesn’t know about? Time will tell whether their union survives.
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
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