Employer Workers’ Compensation Fraud

December 18, 2014

Yes.  You read the title correctly.  The universe has a balance to it and therefore, if an employee can defraud the Workers’ Compensation system, so too can the employer.  While there are perhaps more instances of employee fraud (faking injuries, malingering, etc), damage caused by employer fraud can be far more extensive.  This is due to what this article describes as the Tentacle effect.  Think of a pyramid, with the employer at the top and the employees at the bottom.  If an employee decides to break the law, they typically act alone.  However, if an employer breaks the law, more than likely there are accomplices involved – co-owners, managers, lower-level employees, and other businesses.  The company mentioned in this article reports that over a four month span, from July to October, an estimated $7.3 million had been cashed out fraudulently!  Once again, a good-intentioned program is taken advantage of, resulting in the loss of money that could be used for employees that deserve the assistance that Workers’ Compensation provides.

Written by Industrial Health, a specialized Workers’ Compensation therapy center which services Northern Virginia , Sterling , Loudoun , Fairfax , Dulles , Chantilly , Leesburg , Ashburn , Herndon , Reston , Centreville ; and offers programs including Physical Therapy , Functional Capacity Evaluations ( FCE ) , Work Hardening , Work Conditioning , Work Simulation , Impairment Rating , Permanent Partial Disability Rating

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Matheson Philosophy on Workplace Safety and Work Injury Evaluation

December 15, 2014

Matheson Philosophy on Workplace Safety and Work Injury Evaluation

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The 9 Key Steps to a Defendable Post-Offer: Step 5

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This is step 5 in The 9 Key Steps to a Defendable Post-Offer Blog Series:

Decide between Isometric, Isoinertial and Pure Functional

This installment of our nine part series on post-offer testing looks at the use of isometric, isoinertial, or pure dynamic lifting during an employment test. As a foundation to this discussion we will begin with a reminder of the difference between an essential function and a physical demand.  We will move on from there to a quick look at the Department of Labor’s definition of “lift”, followed by reference to the NIOSH Lift Formula.

The purpose of this series of blog installments is to re-examine our thinking about how we test.

As with many things in life such self-examination begins with the “why” of our actions:Isometric, Isoinertial, and Pure Functional Lifting

The purpose of post-offer testing is to determine if a qualified individual is unsafe when performing the physical or cognitive demands of the essential functions of a specific job.

I have very carefully written the sentence above. It is meant to challenge your beliefs and thinking about four important concepts:

  • Qualified individual – The Americans with Disabilities Act Amendments Act gives employers the power to test individuals after they have moved to the “Conditional Hire” stage of employment. A job applicant becomes a qualified individual, and thus moves to the conditional hire stage, once non-medical means are used to determine if the individual is qualified to perform the job with or without reasonable accommodation.
  • Unsafe – It is important to keep in mind that the short duration of post-offer testing often does not allow us to accurately identify, with an acceptable degree of accuracy, the qualified individual who would be safe for the job in question. Physical or cognitive demands with high levels of endurance demands, rather than short bursts of strength, may not be identified in a short duration test. Examples of this are latent dexterity issues, whole body fatigue, and long periods of concentration. We can identify the qualified individual who does not have the strength (lifting, carrying, pushing, pulling, standing, awkward postures) to meet the demands of the job.  Through the use of special styles of instruction we may be able to identify the qualified individual who has challenges in the area of memory, instructability, concentration, and attention to the task at hand.
  • Physical or cognitive demands of the essential functions – Those of us who came from the old school of vocational evaluation struggle with the important somatic and legal difference between essential function and physical or cognitive demand. In brief, the ADAAA defines “essential function” as the reason the job exists. Not included in this definition is how the job is accomplished. The law does require that an employer respond to a request for reasonable accommodation. When considering such a request, the law does not require the employer to modify the essential functions or productivity standards of an individual’s job. Therefore, if what must be accomplished need not be changed, then what is modified? The answer: the method of accomplishing the task. In other words, the employer may be required to change the method by which a task is accomplished while not changing the degree to which the task is accomplished (the productivity standard) or the reason the task is accomplished (the essential function or the reason the job exists).
  • Specific job – A technique for managing legal exposure when making an adverse employment decision (deciding to not hire or retain a qualified individual) is to use the thought structure of “one individual, one job, one accommodation”. The importance of this thought process warrants a separate blog installment. Suffice to say here that when performing a post-offer test, the employer and evaluator are cautioned to deny employment only when a qualified individual cannot perform demands that exist in the job. To deny employment for phantom demands is not defendable.

Now let’s briefly look at the definition of “lifting” from the The Revised Handbook for Analyzing Jobs (RHAJ). The RHAJ defines lifting as “raising or lowering an object from one level to another (includes upward pulling)”. Given the reference to movement in this definition implies that any reference to an essential function that includes lifting as a physical demand assumes that the action is dynamic.

Supporting the notion of dynamic movement is the NIOSH equation for the design and evaluation of manual lifting tasks. The equation, revised in 1991, recognizes the components of the process of lifting through its use of six force multipliers including angle of asymmetry and travel distance of the load. This recognition of the multiplicative nature of lifting supports the idea of lifting as being a functional, dynamic activity.

And while a brief review of the professional literature seems to yield a clear answer to the question of which type of testing is notpreferable, a look at two recent federal Court of Appeals cases provides a glimpse at the Court’s viewpoint on necessity to test a physical demand in the same manner in which a worker would perform the task.

EEOC v. E. I. Du Pont De Nemours & Co. (Civil Action No. 03-1605), which culminated in a $1,300,000 jury verdict for the EEOC, revolves around the use of an FCE in a stay-at-work situation.

The Court took exception to the style of test used to examine the qualified individual’s ability to evacuate the premises during an emergency. The physical demand linked to the essential function of “evacuate the building” was walking. The technique to which the judges reacted was “walking heel-to-toe carrying a box of weights back and forth on a 100-foot long line.” While perhaps dissimilar to a style of lift, it is important to note that the court did take note of the difference between the style of regular, functional walking as opposed to an evaluator imposed heal-to-toe style of walking.

Another case of note is EEOC v. Dial Corporation, Nos. 05-4183, 05-4311 in which the court took exception to test instruction that resulted in the work performed during the test not being related to the requirements of the job. Specifically, the job required that qualified entry level employees working in the sausage packing area of the facility lift and carry up to 18,000 pounds of sausage per day. The court noted that this requirement included carrying approximately 35 pounds of sausage. The carry was followed by a “lift and load” to heights between 30 and 60 inches above the floor. It was also noted that a day’s cumulative activity included up to four miles of walking while performing the cycle of lift, carry, lift, and load. A job analysis revealed that the job demands included performing 1.25 lifts per minute on average with periods of recovery between lifts.

At issue in this case, among other things, were test instructions that had qualified individuals perform 6 lifts per minute, on average, usually without any breaks, rather than 1.25 per minute.

The lesson for work evaluators is to consider the detail to which the court went to examine the style of testing used to deny employment to otherwise qualified individuals. Whether selecting isometric, isoinertial, or fully functional tests, the Thinking Evaluator is cautioned to be prepared to testify as to the reason behind the style of testing selected.

The 9 Key Steps to a Defendable Post-Offer:

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Written by Industrial Health, a specialized Workers’ Compensation therapy center which services Northern Virginia , Sterling , Loudoun , Fairfax , Dulles , Chantilly , Leesburg , Ashburn , Herndon , Reston , Centreville ; and offers programs including Physical Therapy , Functional Capacity Evaluations ( FCE ) , Work Hardening , Work Conditioning , Work Simulation , Impairment Rating , Permanent Partial Disability Rating
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Exciting Training Opportunity: Building a Content Expert & Consulting Practice

December 10, 2014

Exciting Training Opportunity: Building a Content Expert & Consulting Practice

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Labor law attorneys across the United States are looking for skilled work evaluators to critically2014 Content Expert review reports and test protocols generated by clinicians who perform functional capacity evaluation and post-offer services. The demand for this pre-deposition or pre-cross examination service is being driven by opportunities for negotiated settlements or litigation under the amended Americans with Disabilities Act. This area of activity is predicted to expand for the coming decade.

Roy Matheson’s “Building a Content Expert and Consulting Practice” will prepare you to become the “go to” expert in your region.

Instructors: Roy Matheson, Min Trevor Kyi, Dr. Leonard Matheson & William McClure

  • Separate best practice testing arguments from court accepted evaluation practices
  • Arrange a list of evaluation errors according to legal priority
  • Compose a written pre-deposition analysis of a functional capacity evaluation report and a post-offer testing protocol
  • Explain a battery of evaluation-controlled actions central to recent federal court cases
  • Understand the content expert’s role in the progression of service, complaint, suit, deposition, trial, and resolution
  • Become familiar with a standardized method of analyzing a functional capacity evaluation report and a post-offer testing protocol
  • Prepare a written dissection of a post-offer testing package
  • Recognize and be able to recite each of the evaluator-controlled
  • elements central to recent federal court decisions regarding work evaluations
  • Analyze documents such as a medical history questionnaire against the restrictions of the Americans with Disability Act Amendments Act
  • Prepare an attorney for deposition or cross-exemption of a work evaluation
  • Compose a list of reference materials for the requesting attorney
  • Conduct a pre-deposition or pre-trial meeting with the requesting attorney
  • Perform background credentialing research
  • Clinical protocols are based upon research and a best-practices approach
  • Understand the process of building long-lasting relationships with both plaintiff and defense attorneys

Click Here for More Information and to Register

This course is only for experienced evaluators. You must have taken an in-person Matheson training course within the last 8 years to qualify for this training. Please contact the Matheson office at expert@roymatheson.com if you have questions about your eligibility.

Stay in touch with us on:

 Written by Industrial Health, a specialized Workers’ Compensation therapy center which services Northern Virginia , Sterling , Loudoun , Fairfax , Dulles , Chantilly , Leesburg , Ashburn , Herndon , Reston , Centreville ; and offers programs including Physical Therapy , Functional Capacity Evaluations ( FCE ) , Work Hardening , Work Conditioning , Work Simulation , Impairment Rating , Permanent Partial Disability Rating

 

Understanding the Worker’s Compensation Process in Virginia

December 4, 2014

As an injured worker, the process of Worker’s Compensation can be overwhelming.  Being that Industrial Health deals specifically with Work Comp cases, every day we bear witness to the ordeals that the injured worker faces as a result of injuries occuring on the job and the hurdles that face them before they are allowed to return to work.  The challenge of rehabilitating the injury can, at times, be overshadowed by the multitude of legal hurdles that must be passed.  This, in turn, serves to overwhelm the worker who has previously been unaware of such a system and the procedures it follows.  A recently published article references the Ultimate Guide to Workers’ Compensation in Virginia which provides sound advice for the injured worker who is currently dealing with Virginia’s Workers’ Compensation system.  It is recommended that any injured worker take advantage of this advice, as it can help to minimize the frustrations associated with the process, along with taking advantage of the Case Manager’s experience and expertise with navigating this complex system.

 

Written by Industrial Health, a specialized Workers’ Compensation therapy center which services Northern Virginia , Sterling , Loudoun , Fairfax , Dulles , Chantilly , Leesburg , Ashburn , Herndon , Reston , Centreville ; and offers programs including Physical Therapy , Functional Capacity Evaluations (FCE) , Work Hardening , Work Conditioning , Impairment Ratings , Permanent Partial Disability Ratings

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Matheson Philosophy on Workplace Safety and Work Injury Evaluation

December 1, 2014

Matheson Philosophy on Workplace Safety and Work Injury Evaluation

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Building Blocks to Success in Private Practice

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Making the Jump into Private Practice

building blocks to success in private practiceThe seasoning of a good clinical therapist often leads to the desire to experience non-institutional practice. An avenue often explored is independent ergonomic evaluation, essential function job analysis, and work evaluation expert witness specialization. In the webinar below, Roy discusses the building blocks to success in private practice:

Contacts CONTACTS

Your database of personal contacts (school, family, church, professional) is valuable to you as you make any form of transition. We strongly urge you, before deciding to go out into your own practice, to sit down and get your database in order. Build your database now. What’s their name and contact information, including email. “It really is who I know that moves
me forward.”

Due Diligence DUE DILIGENCE

One of the most important things your database of contacts can do is help you differentiate between a dream of what you want to do and the reality. Where are you going and why are you going there?

If you work for an employer, you are a facilitator in their operation and you probably only understand a minor fraction of what it took to build that practice. Maybe you are a good evaluator, but you didn’t build the business. You are going to have to be the entrepreneurial spirit, the manager, AND the evaluator.

Formulate the Dream FORMULATE THE DREAM

What are the practicalities? Sit down with people that know the market and know finances, to see if your dream will be successful.

Challenge your dream before you jump off the curb.

Craft Your Message CRAFT YOUR MESSAGE

What is that 7-second elevator speech that will explain what you are doing? What phrasing would you use when you sit in front of a banker to ask for financing?

Sales SALES

How can you match the quality and the trust that’s already been built up out there in the marketplace? What are the reimbursement rates that you would need to run your business? You’ve got to go and “touch” the people who you believe would buy your product and get a firm commitment from them to agree to buy your product.

Cash CASH

This is the blood of the business. The scariest part of a business is not lack of sales, but lack of cash.

Staff STAFF

Hire for the ability to write and communicate. Think about going through a very good temp agency in your area to vet prospects for you.

Get business advisers before you hire any staff.

Business Location BUSINESS LOCATION

Reasonable Accommodation, Essential Function Job Analysis, etc. lend themselves to not having a large business. Look for a business incubator in your town which offers office space that will nurture you along until you need more space.

If you are going to be a B2B practice, you can’t do it virtually. You will need to travel.

Profitable Services PROFITABLE SERVICES

Look at the services you’re offering. They may have been turned into a commodity in your area. If an outside or local company has come in and set the sales price low, then that’s the market price. You may not be able to do business at that rate.

Watch the number of services that you offer. Don’t think you’re going to increase your bottom line by adding more and more services. Start out with one or two and do an excellent job. If they are going strong and cash is flowing in, do an in-depth analysis of your staffing and financial position before you add any more services.

Perservere PERSERVERE

Surround yourself with positive people. Shelter yourselves internally from the effect of negative and lazy people. Setting up your own practice is not for the faint at heart. Your mind should be full of your business, and not gossip or things you can’t control. If you have a vision, write it down and post it where you can see it. Work toward that vision every day. Find the people who can help you. None of us get here by ourselves.

Next Steps

Discovering Your Potential Customers

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November 24, 2014

Matheson Philosophy on Workplace Safety and Work Injury Evaluation

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The 9 Key Steps to a Defendable Post-Offer: Step 9

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This is the final step in The 9 Key Steps to a Defendable Post-Offer Blog Series:

Stay in Compliance with the Law

We began this nine part blog series by saying that the cornerstone of an informed hiring program is to ensure that a qualified individual’s physical and cognitive abilities match the demands of the job. We went on to indicate that jobs with high levels of physical exertion, gross whole-body movement, or jobs with a history of injuries were ideally suited for Post-Offer, Pre-Placement Testing (PPT).

We end this series of posts with this discussion: the challenge for the health care or vocational professional involved in post-offer testing is to stay current with the intention of the law and, more importantly, with recent federal court decisions regarding enforcement of the law.

Americans with Disabilities Act ADA logoThe reader may wonder why one would suggest a preference for being current with federal court cases rather than the actual code of the law. The reasoning is simple: the actual law is not dynamic. The law was modified in 2008 and will probably not change for another decade or so. Once a practitioner has invested time and study in becoming familiar with the law, energy and interest should then be turned to the constant interplay of everyday medical and vocational practice as new opportunities for enforcement of the law are created.

The process of staying current with new interpretation and enforcement of the law can be done in a variety of ways. Here are three suggestions:

Participate in a Matheson webinar on the first Thursday of each month. Send an email toinfo@roymatheson.com and request that you be added to the list of people to be notified of the next upcoming webinar. An email reminder is usually sent at the beginning of the week of the webinar.

Visit the “Newsroom” on the Equal Employment Opportunity Commission website at www.eeoc.gov, click on About EEOC and the Newsroom. News about EEOC settlements or pending litigations can be found on that page.

And, as you have already done, stay tuned to developing issues by following our blog at http://blog.roymatheson.com/

Another step one can take to remain current with the law is to maintain contact with your regional ADA National Leadership Network center. Divided into 10 regions, the function of the Network is to foster adoption of ADA-friendly practices by providing resources to individuals and employers. Among those resources are speakers expert in the various titles of the law. Refer to this map to identify your region:

Regional ADA National Leadership Network center

 

 

 

 

 

 

 

 

 

Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont)

New England ADA Center
Institute for Human Centered Design
200 Portland Street
Boston, MA  02114
617-695-0085 voice/tty
adainfo@newenglandada.org
www.newenglandada.org

Region II (New Jersey, New York, Puerto Rico, U.S. Virgin Islands)
Northeast ADA Center
203 Dolgen Hall
Ithaca, NY. 14853
607-255-6686
northeastada@cornell.edu
www.northeastada.org

Region III (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia)
Mid-Atlantic ADA Center
401 North Washington Street, Suite 450
Rockville, MD 20805
301-217-0124
adainfo@transcen.org
www.adainfo.org

Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee)
Southeast ADA Center
1419 Mayson Street
Atlanta, GA 30324
404-541-9001
adasoutheast@law.syr.edu
www.adasoutheast.org

Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin)
Great Lakes ADA Center
University of Illinois at Chicago
Institute on Disability & Human Development (MC 728)
1640 West Roosevelt Road, Room 405
Chicago, IL. 60608
(312) 413-1407 V/TTY
info@adagreatlakes.org
www.adagreatlakes.org

Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas)
Southwest ADA Center
at ILRU, a program of TIRR Memorial Hermann
Houston, Texas 77019
713.520.0232
swdbtac@ilru.org
www.swdbtac.org

Region VII (Iowa, Kansas, Missouri, Nebraska)
Great Plains ADA Center
100 Corporate Lake Drive
Columbia, MO 65203
573-882-3600 (V/TTY)
adainfo@missouri.edu
http://www.gpadacenter.org/

Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming)
Rocky Mountain ADA Center
3630 Sinton Road, Suite 103
Colorado Springs, CO 80907
719/444-0268
adainfo@adainformation.org
www.adainformation.org

Region VIIII (Arizona, California, Hawaii, Nevada, the Pacific Basin)
Pacific ADA Center
555 12th Street, Suite 1030
Oakland, CA 94607
510-285-5600 (V/TTY)
adatech@adapacific.org
www.adapacific.org

Region X (Alaska, Idaho, Oregon, Washington)
Northwest ADA Center
Center for Continuing Education in Rehabilitation
University of Washington
6912 220th St SW #105
Mountlake Terrace, WA. 98043
425-248-2480
nwadactr@uw.edu
http://www.nwadacenter.org

And, as always, keep in touch with the Matheson team by contacting us at info@roymatheson.com

Learn how to perform Defendable Post-Offer Test:

Register for our Post-Offer, Pre-Placement Testing course

checked checkbox Understand the Concept of Agency Relationship

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Matheson Philosophy on Workplace Safety and Work Injury Evaluation

November 21, 2014

Matheson Philosophy on Workplace Safety and Work Injury Evaluation

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Exciting Training Opportunity: Building a Content Expert & Consulting Practice

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Labor law attorneys across the United States are looking for skilled work evaluators to critically2014 Content Expert review reports and test protocols generated by clinicians who perform functional capacity evaluation and post-offer services. The demand for this pre-deposition or pre-cross examination service is being driven by opportunities for negotiated settlements or litigation under the amended Americans with Disabilities Act. This area of activity is predicted to expand for the coming decade.

Roy Matheson’s “Building a Content Expert and Consulting Practice” will prepare you to become the “go to” expert in your region.

Instructors: Roy Matheson, Min Trevor Kyi, Dr. Leonard Matheson & William McClure

  • Separate best practice testing arguments from court accepted evaluation practices
  • Arrange a list of evaluation errors according to legal priority
  • Compose a written pre-deposition analysis of a functional capacity evaluation report and a post-offer testing protocol
  • Explain a battery of evaluation-controlled actions central to recent federal court cases
  • Understand the content expert’s role in the progression of service, complaint, suit, deposition, trial, and resolution
  • Become familiar with a standardized method of analyzing a functional capacity evaluation report and a post-offer testing protocol
  • Prepare a written dissection of a post-offer testing package
  • Recognize and be able to recite each of the evaluator-controlled
  • elements central to recent federal court decisions regarding work evaluations
  • Analyze documents such as a medical history questionnaire against the restrictions of the Americans with Disability Act Amendments Act
  • Prepare an attorney for deposition or cross-exemption of a work evaluation
  • Compose a list of reference materials for the requesting attorney
  • Conduct a pre-deposition or pre-trial meeting with the requesting attorney
  • Perform background credentialing research
  • Clinical protocols are based upon research and a best-practices approach
  • Understand the process of building long-lasting relationships with both plaintiff and defense attorneys

Click Here for More Information and to Register

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Matheson Philosophy on Workplace Safety and Work Injury Evaluation

November 11, 2014

Matheson Philosophy on Workplace Safety and Work Injury Evaluation

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Ergonomic Evaluation: The Struggle to Find a Role Under Title I

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Actually titled, “The Struggle to Understand the Role of Ergonomic Evaluation under Title I of the ADAAA”, our webinar tomorrow delves into the conflict between established ergonomic evaluation practices and the employment testing protections of Title I. If you are an ergonomic evaluation professional, practice in the area of post-offer testing, or perform stay-at-work or return-to-work functional capacity evaluations, this webinar will be both thought provoking and immediately useful.

In the interest of giving you a glimpse of the type of discussions we have during our webinars, I am setting up a link to those notes.

docs/Matheson September 2014 Webinar Background Notes.pdf

This event may be sold out by the time you register. If you are unable to join us on Thursday, we will send a notice of where you can obtain the recorded webinar. There is a small fee for the recorded event.

Register for the event at:

https://www1.gotomeeting.com/register/522394544

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Exciting Training Opportunity: Building a Content Expert & Consulting Practice

November 6, 2014

Exciting Training Opportunity: Building a Content Expert & Consulting Practice

Share8

Labor law attorneys across the United States are looking for skilled work evaluators to critically2014 Content Expert review reports and test protocols generated by clinicians who perform functional capacity evaluation and post-offer services. The demand for this pre-deposition or pre-cross examination service is being driven by opportunities for negotiated settlements or litigation under the amended Americans with Disabilities Act. This area of activity is predicted to expand for the coming decade.

Roy Matheson’s “Building a Content Expert and Consulting Practice” will prepare you to become the “go to” expert in your region.

Instructors: Roy Matheson, Min Trevor Kyi, Dr. Leonard Matheson & William McClure

  • Separate best practice testing arguments from court accepted evaluation practices
  • Arrange a list of evaluation errors according to legal priority
  • Compose a written pre-deposition analysis of a functional capacity evaluation report and a post-offer testing protocol
  • Explain a battery of evaluation-controlled actions central to recent federal court cases
  • Understand the content expert’s role in the progression of service, complaint, suit, deposition, trial, and resolution
  • Become familiar with a standardized method of analyzing a functional capacity evaluation report and a post-offer testing protocol
  • Prepare a written dissection of a post-offer testing package
  • Recognize and be able to recite each of the evaluator-controlled
  • elements central to recent federal court decisions regarding work evaluations
  • Analyze documents such as a medical history questionnaire against the restrictions of the Americans with Disability Act Amendments Act
  • Prepare an attorney for deposition or cross-exemption of a work evaluation
  • Compose a list of reference materials for the requesting attorney
  • Conduct a pre-deposition or pre-trial meeting with the requesting attorney
  • Perform background credentialing research
  • Clinical protocols are based upon research and a best-practices approach
  • Understand the process of building long-lasting relationships with both plaintiff and defense attorneys

Click Here for More Information and to Register

This course is only for experienced evaluators. You must have taken an in-person Matheson training course within the last 8 years to qualify for this training. Please contact the Matheson office at expert@roymatheson.com if you have questions about your eligibility.

Stay in touch with us on:

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“I’ve been injured on the job – will I be fired?”

October 21, 2014

Cases where an injured worker is terminated, a.k.a. “fired,” while still attending physical therapy or enrolled in a Work Hardening program do, unfortunately, exist.

The important thing to keep in mind if you are an injured worker and are worried about losing your job is this:  You cannot control the actions of your employer, so instead keep your focus on rehabilitating your injury as quickly, and safely, as possible.  It should be common sense that the longer you remain off work, the more likely your employer will find a replacement.  For occupations that require more specialized training and/or educational Degrees, the window of rehabilitation may be longer in duration.  However, regardless of the time off from work, no job is safe after you have sustained an injury.  Therefore, it is of the upmost importance that you, the injured worker, educate yourself.  Ask questions and stay in contact with your case manager, employer, and physician.  Strictly follow any rehabilitation program prescribed to you and avoid all activities that could jeopardize your recovering injury.

If you have been terminated from your occupation, there are some considerations that can affect your case moving forward, stated very clearly in this article from 2013.

 

Written by Industrial Health, a specialized Workers’ Compensation therapy center which services Northern Virginia , Sterling , Loudoun , Fairfax , Dulles , Chantilly , Leesburg , Ashburn , Herndon , Reston , Centreville ; and offers programs including Physical Therapy , Functional Capacity Evaluations (FCE) , Work Hardening , Work Conditioning , Impairment Ratings , Permanent Partial Disability Ratings

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