 |
 |
||||||||||||||||||||||||||
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
|
||||||||||||
 |
 |
 |
 |
 |
|
||||||||||||||||||||||
 |
 |
|
|||||||||||||||||||||||||
 |
 |
 |
|
||||||||||||||||||||||||
 |
 |
 |
 |
 |
|
||||||||||||||||||||||
 |
 |
 |
 |
|
|||||||||||||||||||||||
 |
 |
|
|||||||||||||||||||||||||
 |
 |
We are pleased to inform you Frank A. Petro, Esquire, and Barry D. Cohen, Esquire, were both named as New Jersey “Super Lawyers” in the first “Super Lawyer” New Jersey survey. This is a professional recognition of the firm’s commitment to legal excellence in our practice areas of workers' compensation and personal injury litigation. Frank Petro was once again named for the fifth consecutive time by “Best Lawyers in America” as one of New Jersey’s leading workers' compensation lawyers. Without you and your continued support, this recognition would not be possible. Thank you for placing your confidence in us and providing our firm the opportunity of serving you. 
Q: I have been employed as a casino housekeeper over the past five years. My job requires a lot of lifting, bending, pulling and pushing. Over the past few years, I have developed worsening low back pain. My employer says I am not entitled to workers' compensation benefits because I did not have any work-related “accident” and my condition is “pre-existing” and “degenerative.” I disagree. What should I do? A: You should make an appointment with an experienced workers' compensation lawyer to review all of the facts and medical evidence of your specific case. Such a lawyer will not charge for an initial consultation. Generally speaking, anyone (for example casino employees, construction trade employees, nurse/nurse’s aid, warehouse person, EMT, custodian, police officer, firefighter, etc.) who’s job regularly places a great deal of stress on his/her low back may have important workers' compensation rights if it is determined that the repetitive stress and strain of employment either “causes or worsens” the medical condition. Q: I injured my back at work and the workers' compensation insurance carrier sent me to a doctor who said I “strained” my back and I would be fine within a few weeks. I have continued to experience pain but the insurance carrier will not provide any more treatment because the doctor says I am at “MMI” (maximum medical improvement) and that I have a minor soft tissue injury which has “resolved.” I disagree. What should do? A: You should make an appointment with an experienced workers' compensation lawyer to review your situation and take the appropriate action on your behalf. It may be that you have a more serious medical problem that has not yet been diagnosed by the proper testing. We often see this problem and it is often resolved by presenting proper medical proofs to the Judge of Workers’ Compensation. Q: I had back surgery five years ago, which I feel went well. I was able to return to work and enjoy most physical activities. I did have occasional “aches and pains,” but nothing serious. I would occasionally see a chiropractor for adjustments. Two months ago, I lifted something heavy at work and felt a twinge in my back. My back pain has slowly gotten worse. My employer’s insurance company has denied me benefits because I didn’t report my injury immediately and because I have a pre-existing medical condition. Are they right? A: You should consult with an experienced workers' compensation lawyer who will review all of the medical evidence and determine what actions should be taken. Where work aggravates a pre-existing condition such that a person requires medical treatment that he/she did not require previously, the workers' compensation carrier should be held responsible for medical treatment, payment of temporary disability, and possibly payment of permanent loss of function benefits, if appropriate. Q: I am a casino cocktail server and I carry heavy trays. There is a lot of stress placed on my wrist, shoulder and neck. I have been diagnosed as having carpal tunnel syndrome and need an operation. The workers' compensation carrier has denied my claim and risk management told me to use my regular health insurance and apply for State temporary disability benefits. What should I do? A: Your situation is very common. There are many valid workers' compensation carpal tunnel cases that are initially denied by the employer just like yours. You should consult with an experienced workers' compensation lawyer to determine what the proper medical and factual evidence reveals. You may be entitled to workers' compensation benefits. This may be true even if you have already received benefits from State temporary disability and/or your own insurance. Q: I am a Spanish-speaking employee who was injured at work. My claim was denied under workers' compensation because the workers' compensation doctor says my condition is arthritic and due to getting older, even though I have never had this pain before. Also, there seems to be some misunderstanding about how I injured myself at work. What can I do? A: You need to consult with an experienced workers' compensation lawyer who will determine all of the relevant evidence in your case and make recommendations based upon that evidence. However, we find that the inability to speak English is sometimes a problem in communicating proper medical information and therefore getting proper workers' compensation benefits. We have Spanish-speaking staff. By carefully documenting all proper evidence, it is possible that you may be successful in receiving workers' compensation benefits. |
 |
 |
|
||||||||||||||||||||||
 |
 |
 |
|
||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||
 |
 |
 |
|
||||||||||||||||||||||||
 |
|
||||||||||||||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
