CLAIMS NEW AND OLD Should I Open a NewWorkers’ Compensation Claim for a Recurring Injury?
With any luck, spring should be arriving in Ohio sometime this year, and with it, housecleaning, yard work, gardening, and sore backs. These sprains and strains usually improve after a few days of rest and maybe an ibuprofen — until the cycle repeats itself a few weeks later. I have clients who’ve suffered several low-back strains or sprains over the years, and have a separate workers’compensation claim specifically designed for recurring injuries. Unfortunately, many employers are downright irrational when it comes to accepting or rejecting such claims. If there’s only one incident — and a single claim— then an employer may argue that compensation for the injury should be completely unnecessary beyond the first six to eight weeks, after the injury heals. But if you have another on-the-job back strain eight years after the first claim, your employer may argue that it is the result of the injury that happened eight years back. But why? The answer is that new claims cost money, whether the employer is state- funded or self-insured. State-funded employers pay premiums to have workers’ compensation coverage, just as we do for our auto insurance. And, as with other insurance, if several claims are filed, the employer’s premiums go up. Not only that, but rates of payment for claims increase every year — so if they can reopen a case from 2000, they won’t have to pay as much as they would in 2017.
As a general rule, claims stop impacting an employer’s workers’compensation premiums after roughly five years. Therefore, an employer will argue that a new claim shouldn’t be filed for your recent back sprain, but that it should go under the old claim. As an injured worker suffering a lost-time injury claim, it is likely worthwhile to consult with an attorney if you employer insists on reopening an old claim rather than certifying a new one. They have their best interests in mind, not yours.
ABBY’S APPETIZERS
SUDOKU
PERFECT STEAMED ARTICHOKES
INGREDIENTS
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4 large artichokes (about 2 ½ pounds)
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1 stick butter, melted
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Kosher salt and freshly ground black pepper
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1 garlic clove, finely minced or grated
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1 lemon, halved
DIRECTIONS
1. Trim artichoke stems, leaving about ½ inch. Snap off and throw away any browned leaves. Remove and discard top fourth of artichokes. Use kitchen scissors to snip any thorns. 2. Bring 2 inches of water to simmer in a large pot. Put artichokes in a steamer basket and place basket in pot. Season with salt and pepper. Cover and steam until leaves pull out easily and hearts are tender (test by inserting a paring knife; it should meet no resistance), about 70-80 minutes. 3. Remove from heat and sprinkle with lemon juice. 4. Combine butter and garlic in a small bowl. Add salt and pepper to taste and serve with artichokes.
Recipe inspired by bonappetit.com.
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