Important Workers Compensation News from Mogab & Hughes Attorneys:

State’s Workers’ Compensation rates should drop for the third year in a row, however that will not prevent the Partisan attack on Missouri’s Workers Compensation laws in the 2017 session.

Missouri employers should expect to see a continued decrease in Workers’ Compensation rates for 2017.

Governor Jay Nixon recently announced progress in Workers’ Comp insurance costs. The Missouri Department of Insurance is recommending a 4.6 percent decrease in Workers’ Comp insurance loss costs next year. That would translate into the third year in a row of decreases in such costs to businesses, with rates sliding down by 9.8 percent over that period.

Out of the state’s 337 active workers’ comp insurers jockeying for business, a total of 225 insurers filed rate decreases this year, with an average decrease of 2.9 percent.

Employer’s Worker’s Comp. Insurer Denied Medical Causation – Nancy R. Mogab Wins Big Award for Longtime Employee  

 

EMPLOYER’S WORKER’S COMP INSURER DENIED MEDICAL CAUSATION – A twenty four year employee at Smurfit Stone/ Rock Tenn  injured his ankle, company doctor says it’s a sprain, employee continues to have pain, four months later they agree to send him back to Doctor who says it’s a sprain, refuses to order an MRI. Claimant seeks another opinion with Doctor who orders an MRI and sees a peroneal brevis tear and recommends surgery. The Employer-Insurer refused to provide care. No offer, case was tried and Claimant wins and is awarded past medical bills, payment for lost time at work, and permanent partial disability totaling $60,463.94 with interest due to the Employer/Insurer’s denials.

OTHER RECENT CASES:

EMPLOYER, ARAMARK North American Food Hospitality and Facility Services /Workers Comp Insurer deny medical treatment to employee for right and left shoulder injuries. Nancy Mogab tried case and successfully won medical care including surgery and pain management for the claimant.

SOCIAL SECURITY DENIAL REVERSED for younger individual with learning disabilities and physical disease to his feet and IBS/Colon problems. Multiple hearings and medical and vocational experts retained by the Social Security Administration, denial by ALJ reversed in Federal Court. Ultimately new hearing found the claimant disabled, resulting in back benefits to the Claimant in the amount of $35,000 and additional past benefits to the Claimant’s dependents.

Mogab and Hughes Attorneys, P.C. has more than 50 years of experience winning workers compensation and social security cases. Please call us for a free consultation at 314-241-4477.

A Recent Social Security Disability Case Out of the 8th Circuit Court of Appeals

INTELLECTUAL DISABILITY Reed v. Colvin, 779 F.3d 725 (8th Cir. 2015) At issue is whether the plaintiff meets or equals the criteria of Listing section 12.05C. IQ testing in 2007 revealed verbal IQ of 68, performance IQ of 67, and full-scale IQ of 65; the psychologist diagnosed mild mental retardation. This psychologist reevaluated the plaintiff in 2010, and offered comments suggesting that she presented higher than her scores would indicate and that her ability to recall numbers was in the normal range and thus in conflict with her 2007 IQ scores. The court here remands for development of the record on the validity of the 2007 IQ scores. “We disagree with the Commissioner’s contentions on appeal that a comment in Dr. Hobby’s 2007 report showed he suspected malingering then, that the ALJ found Reed’s daily activities inconsistent with a disabling intellectual level, and that Reed’s testimony concerning playing the piano and helping care for her sister’s children was inconsistent with her 2007 IQ scores. Reed’s complete testimony regarding her daily activities, coupled with her reports to Dr. Hobby about her limited activities, is consistent with someone whose IQ scores are those reflected in the 2007 testing.” See Lott v. Colvin, 772 F.3d 546 (8th Cir. 2014), and Bailey v. Apfel, 230 F.3d 1063 (8th Cir. 2000).

Contact Mogab & Hughes Attorneys, P.C. at 314-241-4477 if you would like to discuss a social security case.

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