Thank You! Serving Our Community Jeffrey P. Boyd. The Lawyers Of Hill Boren. Featured In This Issue

Transcription

1 June The Lawyers Of Hill Boren T. Robert Hill T. Robert Hill Ricky L. Boren Serving Our Community Jeffrey P. Boyd This year, Hill-Boren was named The Jackson Sun s 2013 choice for Best Law Firm. In my forty-five years of practicing law, there have been several highlights. This is one. We are honored by our selection as the Reader s Choice law firm. James R. Krenis Tamara L. Hill Featured In This Issue 1. Serving Our Community 2. TN Governor Strikes Death Blow To Workers Compensation Law 3. TN Governor (cont d) The attorneys and staff of Hill-Boren extend our gratitude to those of you in our community who voted for us. Thanks also to The Jackson Sun for their annual sponsorship of these awards. They are always good fun, and a great opportunity to support local businesses. Finally, we are grateful to have worked with so many of you in Jackson and across West Tennessee, and we look forward to many more years serving our community. 3. Dyer County Courthouse 4. West Tennessee Hearing and Speech Center 4. Goodyear Hearing Loss Case Loss Statistics 5. Jeff Boyd, My Story 5. Congrats! 5. Hill-Boren Donates To RIFA Jackson for Feinstein Challenge 6. Car Accident Injuries: What Everyone Should Know 7. Recent Settlements 8. Dangerous Products Docket JACKSON Civil Justice Building 1269 North Highland Ave Jackson, TN Thank You!

2 TN Governor Strikes Death Blow to Workers Compensation Law As most of you know, Hill-Boren has been fighting employers and insurance companies on behalf of injured workers for over 40 years. The employers and insurance companies have complained for years that they are paying too much in benefits and that the current judicially-administered system pays injured workers too much in Jeff Boyd monetary benefits when compared to the actual injuries and future diagnosis. However, anyone who has been an injured worker can tell you, the system barely provides enough to keep one afloat and, more often than not, the injured worker has to fight red tape and delays to get the minimum benefits. Well, the Governor and the Tennessee General Assembly have recently changed the system. Now, the system will be handled by a newly created government bureaucracy within the Department of Labor and Workforce Development and headed by a handpicked appointee of the Governor. As you can see, the scales of justice were just pitched on the scrap heap. What you can expect is a dramatic reduction in already-meager benefits, and that's only if you are lucky enough to be allowed into the workers compensation system at all. Below is a brief overview of the major changes. Is Your Injury Covered? First, it must be determined whether or not your injury is one that was caused by your employment. Now, the only person's opinion who matters on this question is the company doctor that the injured worker chooses from the list provided. Guess what? The doctors wouldn't be on the insurance company list of doctors if they routinely found that injuries are caused by one's work. If the first doctor you see after an injury is a company doctor, and that doctor says that your injury was not a result of your job, your workers compensation claim ends there. Additionally, if you are making a claim for a gradual injury such as carpal tunnel, then the doctor will have to say that your job was the "primary" cause of that injury for it to be considered by workers compensation. Medical Impairment This is a doctor's determination of what "medical" disability a given injury has imparted on the injured worker. This disability is stated in the form of a percentage and is taken into consideration by the workers comp judge, along with many other factors to determine what an injured worker's vocational disability is (how does the injury affect one's ability to work in the future). Under the old system, the company doctor's opinion (again, which is almost universally low, so they can make insurance companies happy) could be countered with that of an independent doctor, who the employee chose. At that point, the judge could weigh all of the evidence and choose an appropriate medical impairment to use in determining vocational disability. Under the new system, the insurance company doctor's opinion is presumed correct and there is no provision for the consideration of any other opinion on medical impairment. Therefore, whatever the insurance company doctor says about your case is all that can be used. Another new twist is that the statute expressly forbids the doctors from giving a rating based on pain. Caps Under the current system, if an employee, after an injury, is able to return to work for the same employer and is making the same wages as prior to the injury, the worker s recovery would be limited to a maximum of 1.5 times the medical disability rating. If the injured worker is unable to return to work after the injury, the employee may receive up to six times the medical disability rating. Under the new law, if the employee is unable to return to work after an injury, depending on several factors, the most employees could receive is 1.35 times the insurance company doctor's disability rating. Given that most people work more than one job in their lives, having a doctor pin it on one specific job, especially the one you are working for when it becomes painful, is not likely to happen. This same standard applies to aggravation of pre-existing conditions.

3 (continued from page 2) An example under the old system: Joe the welder hurts his shoulder, has surgery and his doctor gives him a 6% medical rating to the body as a whole. Hill-Boren sends Joe for an independent medical evaluation, which comes back with a 12% to the body as a whole for his rating. His workers compensation rate is $300/week. If he returns to work the most he could receive is 1.5 times the 12% or 72 weeks of benefits or $21,600. If Joe didn't return to work because of the restrictions he had after the surgery, he could get up to six times the 12%, which would equal $86,400. Same example under the new system: Joe the welder hurts his shoulder, has surgery and upon release gets a 6% impairment from the insurance company doctor. There can be no independent medical examination, so Joe is stuck with the 6% even though he cannot lift his arm above his head. He cannot return to work as a result of his injuries and restrictions. His workers compensation rate is $300. The most that Joe can get under the new system is $9,720. Keep in mind, he is now a welder who cannot return to work as a welder and he is supposed to take the money he receives to pay for retraining himself to do something other than weld. He's also supposed to be able to provide for his family with this amount as well. Finally, the administrative judges that are appointed to hear the claims for the Department of Labor, will be appointed by the handpicked administrator of the Governor. That administrator shall have sole authority to remove workers compensation judges. What this means is, if a judge doesn't run the court like the Governor wants, that Judge will be removed from the bench. I don't know about you, but it doesn't sound like the Tennessee Department of Labor system is going to be fair and impartial or go in the injured workers favor. Dyer County Courthouse The Fireproof Courthouse The white dome of the Dyer County Courthouse has looked over downtown Dyersburg for more than one hundred years. Built in 1911 and 1912, the three story brick structure is listed on the National Register of Historic Places. Erected as the Fireproof Courthouse, it is the fifth structure to house the Dyer County Courts. In 1827, a two story log courthouse was built on the Public Square, followed by a one-story frame building in 1836, which was replaced in 1850 by a two-story brick structure. This structure, together with most all the records of the county, was destroyed by fire, set by a Confederate soldier in The walls remained intact and the building was rebuilt in Asa Biggs designed the current Dyer County Courthouse with fire-proof construction and concrete reinforced walls. Its roof was topped with a brick drum and round white dome with a clock face in each direction. It opened in The bell tower and dome of the courthouse were completely restored and house the original and working mechanical clock and bell. Dyer County Courthouse Historic Courthouse Square 101 W. Court Street Dyersburg, TN Photo credit: Ritchie Williams

4 West Tennessee Hearing & Speech Center We work with a company called Starkey and the Hear Now program, to provide hearing aids to those who apply, says Moore. Starkey provides the hearing aids, and we offer one year of service. The West Tennessee Hearing & Speech Center (WTHSC) has provided low-cost solutions for children and adults with speech, language and hearing problems for sixty years. A non-profit organization, WTHSC relies on donations, volunteers and funds secured from grants every year. Hill-Boren attorney Jeff Boyd, whose story of hearing loss can be found in this newsletter, volunteers with the organization as a member of its Board of Directors. Kimberli Moore, Executive Director and Speech-Language Pathologist, recently shared how the WTHSC staff provides a wide range of speech-language therapy and audiology services to residents of 14 West Tennessee counties. One of the many services they offer is low-cost hearing screenings from newborn to geriatric patients. For those interested in the program, contact WTHSC at (731) If you are interested in more information, becoming a volunteer or making a donation, go online to westtennesseehearingandspeech.com. WTHSC is Located in Jackson at 65 Ridgecrest Road. Office hours are Monday-Friday from 8:30am 5:00pm. The organization works hard to ensure that those who need therapy and treatments get it, no matter how much they can pay. Hearing screenings are provided at no charge for residents of West Tennessee. Some services are provided on a sliding scale, while others can be subsidized through the clinic. For example, some patients may be eligible for hearing aids through one of the center s partnerships. ATTENTION GOODYEAR HEARING LOSS CASES: As a part of the terms of your settlement, you may be sent to the WTHSC for therapy or treatment Hearing Loss Case Statistics Total Open Cases: 734 Total Trials to Date: 6 Average Verdict at Trial: $39, High Verdict at Trial: $95, Low Verdict at Trial: $11, Total Settlements: 24 Average Settlement: $16, High Settlement: $31, Low Settlement: $5, We have had the honor of representing hundreds of former Goodyear employees in their hearing loss cases. Hearing loss sustained on the job can be devastating and costly, and employers often take measures to avoid responsibility and compensating the injured. We are continuing the fight for our clients to receive the compensation they need. Here is an update on the Goodyear hearing loss cases to date. If you feel that you have sustained hearing loss on the job, call Hill-Boren. We re here to help, and we know how!

5 Congrats! Mr. & Mrs. Passmore Jeff Boyd, My Story The first indication that something was wrong was about five years ago, at the age of 38, when I was loading my kids into the car to go to a soccer game. I had a wave of dizziness come over me, and I fell out in the yard and got sick to my stomach. It took about 10 minutes to get over it. I blew it off as being hungry. Several weeks later, I had another episode of dizziness in the house and this time, it was all I could do to crawl to the bathroom to get sick. I spoke with my Mother, who nonchalantly said that I might have what she has, Ménière's disease, a disorder of the inner ear that gradually causes hearing loss in the low, or speech, frequencies. I went to Dr. Karl Studtmann who diagnosed me with Ménière's, and also informed me that I had a significant high frequency hearing loss in the same ear. Given my lack of exposure to noise, he attributed that condition to genetic anomalies as well. Sure enough, I spoke with my father and learned that he experiences high frequency hearing loss. Now that I had the diagnosis, it became extremely noticeable and progressively worse for the next several years, to the point that my girlfriend insisted that I seek help. That's when I met with Caroline Merwin at West Tennessee Hearing and Speech Center. She initially provided me with a hearing aid for my right ear. However, years of deer and turkey hunting without hearing protection had taken its toll on my left ear as well. It wasn't long until I needed hearing aids in both ears. Based on my hearing now, I cannot function without hearing aids. Conversations, dinner out, parties and being in court are all but impossible without assistance. I truly understand what my hearing loss clients are feeling and experiencing in trying to get through a day with hearing loss. I understand the frustrations of being in a group and trying not to draw attention to the fact that you cannot hear most of what is being said. Prior to getting hearing aids, I unwittingly learned to read lips to supplement what little I could hear. The bottom line is that hearing loss may not sound like a big deal, but if you have it, you realize very quickly how different your life is going to be in the future. Hearing loss affects every part of your day...all day, every day. The entire Hill-Boren family would like to extend our sincerest congratulations to Brenda (Shepherd) Passmore, our trusted Office Manager of 13 years, on her recent nuptials. Brenda married Don Carlos Passmore, Jr., in a private ceremony in Chicago on February 14, Don is the Doctoral Development Liaison for the College of Doctoral Studies at Grand Canyon University. Best Wishes to the Bride & Groom! Hill-Boren Donates to RIFA Jackson for Feinstein Challenge The attorneys and staff of Hill-Boren were proud to recently present a check for $1,000 to help feed the hungry in our community. Hill-Boren's gift to RIFA Jackson was matched as part of the Feinstein Challenge. Tamara Hill, Tonya Lee and T. Robert Hill were on hand to present the check to RIFA Director Lisa Tillman.

6 Car Accident Injuries: What Everyone Should Know If you have ever been injured in a car accident, you may know what many others do not: that your medical insurance may not cover the treatment you receive in the emergency room. Often the emergency rooms do not bill your health insurance if you are hurt in a car accident, instead Tamara Hill, R.N., JD opting to try for funds from a settlement you may or may not receive. Other providers refuse to see you unless you can pay out of pocket. Clients have been told that providers cannot bill their health insurance if they are hurt as the result of an accident. Some clients have actually been told to lie, or at least withhold the fact that their injury is the result of a car wreck or some other accident in which someone else was at fault. This can lead to delay or even failure to receive treatment at all for injuries. In speaking with insurance companies, the theory is that if hospitals don't bill them, they don't have to provide discounted rates they agreed to, as part of the preferred provider network. This means that the hospitals can take more of your settlement than they would otherwise be entitled to if insurance paid them. Well, for those with BlueCross BlueShield of Tennessee, this simply is not true. If you are hurt in an accident, such as a car wreck or other type accident, in which someone else is at fault, contact BCBS immediately. They will open what is called a subrogation file. This means that they WILL pay your medical bills for injuries sustained in the accident, but that they will recover what they paid on your behalf from any settlement or judgment in your favor in the event of a lawsuit. The direct number for BlueCross BlueShield of Tennessee's subrogation department is: This is the best number, but if you need a toll-free number, it is: , but you may be on hold for a while. Then, when you try to get an appointment to be seen for your injuries, inform them that you have set up a subrogation file with BlueCross BlueShield of Tennessee and that BCBS is expecting their bill. If you have a different healthcare insurance provider, be sure to contact member services and ask for the subrogation department. Find out what your rights are and if your insurance provider will cover those medical expenses you incur because someone else was negligent. Don't simply go without treatment.

7 RECENT SETTLEMENTS Attorney James Krenis recently represented a state employee who was injured on the job, when she was riding as a passenger in a golf cart driven by a co-worker. The driver drove into a concrete pillar and the client sustained multiple injuries to her head, neck and back. Mr. Krenis was able to James Krenis settle her case for about $86,500 plus future medical benefits for her back. Hill-Boren lawyer James Krenis recently settled a workers compensation claim for an employee who worked at Goodyear for twelve years prior to the plant s closing in July The employee sustained gradually occurring carpal tunnel injuries to both arms, after years of manual repetitive production work. Surgery was ultimately performed as a result of these injuries, and Attorney Krenis was able to settle this case for $63,100. James Krenis represented a Shelby County man who sustained a debilitating lower back injury while he and a co-worker attempted to lift a box weighing approximately 300 pounds. After months of medical treatment, the man continued to have pain and discomfort in his back. He later sought treatment from another doctor, who decided that the pain must have been related to his work accident and that the man was permanently disabled as a result of this injury. Mr. Krenis was able to get the employee $124,000 in his settlement. Hill-Boren attorney James Krenis settled a workers compensation claim for a Dyer County man who had worked for 40 years for the same company in repetitive manual labor. The 61 year old man developed gradually occurring injuries to both shoulders from doing significant heavy-duty labor and repetitive work in his job. Attorney Krenis settled his case for $150,000, with lifetime future medical benefits. Attorney Jeff Boyd represented a legally blind client who was injured exiting an elevator in a West Tennessee Courthouse. The client alleged that he and another gentleman were on the elevator when it became hung between floors and would not move. After a short time, the Jeff Boyd elevator moved to what the men believed to be the appropriate floor of the building. However, once stopped, the doors did not open. The man in the elevator with our client physically opened the doors so the client could exit. Unfortunately, given the client's blindness, he did not see that the floor of the elevator was not level with the floor. When he stepped out, he fell and landed on his hip, that had just recovered from total hip replacement surgery. Prior to this fall, he was cleared to return to work by his doctor. Unfortunately, the client sustained permanent injuries in the fall, and was unable to return to work. The claim settled at mediation for $95,000. Jeff Boyd represents a West Tennessee farmer who was riding his tractor on a state roadway going from one plot of his farm over to another, when a car traveling at high speed topped the hill and slammed into the tractor, causing it to flip over into a ditch. The client sustained serious head trauma and was unconscious for an extended period of time. The client incurred over $30,000 in medical bills as a result of the collision. The at-fault driver's insurance has paid their policy limits of $25,000. At this point, we are proceeding to binding arbitration in an effort to obtain a judgment against the client's uninsured motorist insurance policy for up to a total of $100,000. We re Here To Help and We Know How!

8 123 P.O. Box 3539 Jackson, TN June La primera consulta es totalmente gratuita. Le ofrecemos la máxima confidencialidad. Hablamos español. visit us at Dangerous Product Docket GIADA DE LAURENTIIS LASAGNA PAN Target has announced a voluntary recall on approximately 148,700 units of the Giada De Laurentiis Lasagna Pan. The 9 x 13 cream-colored pans, were sold at Target stores nationwide from January 2009 through October 2012, both individually and in a six-pan set. The products were voluntarily recalled after 39 reports of handles breaking during normal use. If you or someone you know has been injured by this product, contact Hill-Boren today to learn more about your legal rights. LED LIGHT BULBS Over half a million LED light bulbs have been recalled by the Lighting Science Group, after 68 incidents of product failures, including visible smoke and fire. There have been no reports of personal injuries; however, property damage has been reported to include burnt carpet and flooring and damaged circuits. If you have sustained injury or property damage due to these malfunctioning light bulbs, you may be entitled compensation. Call Hill-Boren today for a consultation. ATTENTION CHRYSLER VEHICLE OWNERS! The Chrysler Group has recently issued six separate recalls affecting around 215,000 vehicles in the U.S. According to the automaker, the following vehicles are affected: Dodge Nitro & Jeep Liberty ( 07-08) Dodge Ram 1500 ( 13) Dodge Ram 2500 & 3500 ( 13) Chryser 300, Dodge Charger & Dodge Challenger ( 11-12) Jeep Compass & Jeep Patriot ( 12) Dodge Dart ( 13) The recalls differ by make and model. If you own one of these vehicles, or any Chrysler group product, we encourage you to contact your dealer to see if the recall affects you.