Category Archives: RGW Law Articles
Alan, and guest co-host Stephanie Dawn Greene discuss whether the appointment of U.S. Education Secretary Betsy DeVos spells trouble for the American public school system, or if the controversy is related to disapproval of President Donald Trump.
Gurvey’s Law welcomes guests Selene Almazan and Alexis Casillas of the Council of Parent and Attorneys Advocates, Inc., Michigan State University College of Law professor Kristi L. Bowman, and Gregory J. Rolen, partner with the law firm of Haight | Brown | Bonesteel.
Pre-eminent constitutional law expert and 2014’s The National Jurist’s Most Influential Person in Legal Education, Erwin Chemerinsky, talks guns, terrorism, unions, and law school. As a special treat, Alan Gurvey’s Mom, Evelyn Gurvey, will co-host and go toe to toe with Dean Chemerinsky (well, not really). But, you won’t believe how Alan’s Mom doesn’t shy away from a debate, and how eloquent Dean Chemerinsky articulates these important issues. Also, on the show will be the epitome of smart and put-together, criminal defense lawyer, Melissa Lewkowicz, to talk about new laws you need to know about.
On Saturday 7/25/15 at 2:00 p.m., Gurvey’s Law will be discussing legal issues of defamation and libel and slander issues with special guest attorney James DeSimone of Schonbrun Desimone Seplow Harris & Hoffman LLP. We will also be discussing police matters and civil rights issues. Join us on KABC-AM 790 TalkRadio and KABC.com. This episode of Gurvey’s Law aired on Saturday 7/25/2015 from 2:00PM – 3:00PM on Talk Radio 790 KABC.
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On 7/11/15 Gurvey’s Law on Talk Radio 790 KABC had a special show where host Alan Gurvey was joined by guest co-host, attorney Lisa Bloom. Kerri Kasem was out celebrating her birthday and Lisa has been a fan favorite on Gurvey’s Law as she brings a unique perspective on current legal events. As a special treat, renowned attorney Anne Bremner joined Alan and Lisa from Seattle on her way to Vienna. Lisa Bloom and Anne Bremner were both featured hosts on Court TV, so this was a reunion of brilliance, so to speak. We discussed issues of Bill Cosby, Josh Duggar, Stevfen Powell and Amanda Knox, as the conversation sparked the most interesting legal issues. This episode of Gurvey’s Law aired on Saturday 7/11/15 from 2:00PM-3:00PM on Talk Radio 790 KABC.
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There may need to protect your rights when it comes to fatal accidents and death benefits in workers compensation. Workers compensation benefits may be issued to fatal accidents and death benefits, which can be a very emotional and tragic time for a family. According to the U.S. Bureau of Labor Statistics, there were over 4,405 fatal accident at work last year. More fatal accident resulted from transportation incidents than from any other type of fatal accident, with roadway incidents accounting for one out of every four fatal work accident. California had the second-highest number of fatal accidents last year, and demonstrated an increase of the number of work-related deaths in the state from the preceding year.
Types of fatal accidents include:
1) Transportation or roadway incidents
2) Struck by object or equipment
3) Falls, slips and trips
4) Exposure to harmful substances or environments
5) Fires and explosions
If your loved one was involved in a fatal accident at work, and you were dependent on your loved one for support, you may be entitled to death benefits through the workers’ compensation system. Workers’ compensation creates liability of an employer to dependents of the deceased employee if it can be shown that the employee’s death was caused by a work-related injury or illness. Whether the fatal accident is work related depends on a number of factors, however a fatal accident will be presumed to be work-related if the death occurred at or near the place of employment under circumstances suggesting that the employment caused the death.
Surviving spouses who earned $30,000 or less in the year preceding the death and surviving children under the age of 18 are presumed to be a wholly dependent on the deceased employee worker for support. However, there are many other circumstances that would qualify additional members of the deceased’s family or household to be classified as dependents, entitling them to death benefits. The amount of the death benefit is set by statute and depends on the number of total and partial dependents. Death benefits also include burial expenses, currently not to exceed $10,000. The benefits are paid in installments at the temporary total disability rate, or two-thirds of the deceased employee’s average weekly wage at the time of the fatal accident. After payment of the statutory amount, the deceased employee’s child or children can typically continue to receive death benefit payments until the youngest child reaches the age of 18.
The surviving spouse or another party with standing may have the right to maintain a civil action, such as wrongful death, against a third party whose conduct may have contributed to the cause of death.
No proceedings for death benefits may be commenced more than one year after the date of death, nor more than 240 weeks from the date of injury. If your loved one has suffered a fatal accident, it is imperative that you contact the Law Firm of Rowen, Gurvey & Win immediately.
At the Law Firm of Rowen, Gurvey & Win, we understand the tremendous loss and uncertain future that families face after losing a loved one in a work-related fatal accident. We have over 40 years of experience helping grieving families recover their entitled death benefits in the workers’ compensation system. For further information and a free consultation, please contact our law firm at (818) 981-9960.
Did you know there is a condition called chronic pain in workers compensation? Chronic pain in workers compensation is pain that lasts for more than a short time from work injuries or work accidents, also known as “chronic pain” by doctors. Experts do not all agree on the amount of time that makes pain chronic, but generally it is a period of three months or more. Pain that is only immediate, or lasts for a period of less than three months, is called “acute” pain.
Chronic pain often follows a physical injury that is not properly treated. However, it may be caused or made worse by an emotional injury as well. A work injury to the neck, shoulders, back, or other parts of the body causes acute pain signals to the brain, which over time can sensitize the central nervous system in a way that the pain may continue even if the physical cause of the injury is healed or repaired. This is why immediate and complete medical care, including pain management, is extremely important after suffering an injury.
Chronic pain may not only continue for months or years after an injury, it may in fact spread to other parts of the body other than the location of the original work injury. Untreated pain can lead to a chronic pain syndrome, such as fibromyalgia, where pain can be felt in the neck, shoulder blades, back, hips, arms and knees on both sides of the body, as well as a number of other symptoms and conditions like irritable bowel syndrome (IBS), temporomandibular joint syndrome (TMJ), sleep problems, and even bladder and urinary tract infections such as cystitis.
Fibromyalgia is just one kind of chronic pain syndrome. There are many others, especially in workers compensation and work injuries and work accidents. Chronic pain in the muscles, joints, skin and other parts of the body may also be referred to by doctors as such medical terms as myofascial pain syndrome, complex regional pain syndrome (CRPS), as thoracic outlet syndrome (TOS), allodynia, or another diagnosis.
If you believe you are suffering from chronic pain from a work injury or work accident, you should see a doctor as soon as possible. Be sure to report all of your symptoms. You may want to make a list of them. You may also want to seek a medical specialist, such as a pain management doctor or a rheumatologist. These doctors can prescribe effective medications, home exercises, physical therapy including aquatherapy (exercise in a heated pool), acupuncture, or even multidisciplinary chronic pain management programs that include doctors and healthcare professionals from different medical specialties. A psychologist or psychiatrist may be helpful in dealing with a chronic pain syndrome, through biofeedback, psychotherapy, and medications to control emotional symptoms that may be both caused by the pain and making it worse. If you are dealing with chronic pain, it is important to find what works for you to manage the symptoms and restore function as much as possible. Feel free to contact us at 818-981-9960 for a free consultation to discuss your chronic pain dealing with workers compensation.
There are many high blood pressure and hypertension and Diabetes work injuries. The work injuries of high blood pressure and hypertension and diabetes can result in filing workers’ compensation claims. Hypertension (also called high blood pressure), and diabetes (high blood sugar) can be aggravated by any kind of trauma or injury. These chronic illnesses can also be aggravated, exacerbated or caused by stress, including post-traumatic stress disorder (PTSD) as well as chronic pain, fatigue and other hard to measure symptoms.
Hypertension occurs when blood is forced through the arteries at an increased pressure. Diabetes occurs when the body doesn’t produce enough insulin causing increased blood sugars. If this causes a work injury to due aggravation, you will want to learn about your workers’ compensation rights and benefits for this work injury.
Increased blood pressure and elevated blood sugars can be caused by many things including weight gain, lack of physical activity, stress, sleep loss, fatigue and certain medications, including anti-inflammatories like ibuprofen (Advil ©, Motrin©) and Ketoprofen (Oridis ©) or Naproxen sodium, (Naprosyn ©, Aleve ©) and steroids such as prednisone or cortisone that are used to treat inflammation.
Many people suffer weight gain, sleep loss, fatigue and stress after a work injury or as a result of on-the-job stress. Most people are prescribed anti-inflammatory medications and many are prescribed prednisone or cortisone after they are hurt at work.
People who develop the onset, or suffer an aggravation or exacerbation, of hypertension or diabetes after a physical work injury or while working a very stressful job likely have an industrial or job-related condition.
The chronic conditions of hypertension and diabetes can have devastating consequences if left untreated. These consequences include kidney disease, vision loss, heart problems, including heart attacks, strokes and skin problems.
Unfortunately, doctors who treat people who have been injured at work often do not address diabetes and/or hypertension as part of the work injury. Also, most people would never think that hypertension or diabetes are caused by a work injury, unless they were told about the relationship between the two.
Even more unfortunate and problematic is that many people don’t even realize that they are suffering these illnesses during the early stages as there are usually very few symptoms until the diseases are at an advanced stage.
Once established as chronic, these illnesses are usually lifelong and not curable. The good news is that with proper treatment, such as medication, weight loss and cognitive therapy, hypertension and diabetes can be controlled. This treatment can be very expensive. If the diabetes and hypertension are the result of a job injury, the lifelong treatment would be a benefit that would be provided by the workers compensation insurance carrier.
We, the professionals at the Law Firm of Rowen, Gurvey & Win, understand how physical and mental injuries can affect chronic illnesses and conditions like hypertension and diabetes. If you have any questions or would like more information regarding job injuries and related diabetes and hypertension diagnoses, please contact us at 818-981-9960 for a free consultation. buy history papers
Have you ever had a carpal tunnel work injury or know someone that has a carpal tunnel work injury? It is not uncommon for a worker to obtain a carpal tunnel work injury from their continuous and repetitive job duties. The carpal tunnel syndrome is bound by bones and ligaments. The carpal tunnel is a narrow passageway located on the palm side of the wrist. This tunnel protects a main nerve to the hand and the nine tendons that bend the fingers. As a result of repetitive work motions and overuse, many workers experience a compression of this main nerve and develop a condition known as carpal tunnel syndrome. These type of work injuries can result in the filing of workers’ compensation claims.
So, who is at a risk of developing a carpal tunnel syndrome? Since the most common factor in developing the carpal tunnel syndrome is overuse, workers in their professions where repetitive wrist and hand movements are required are at a higher risk. Examples of such professions are: secretaries, office assistants (who keyboards and constantly mouse clicks); a painter; a driver, an electrician and anyone who uses their hands and wrists.
Is there treatment for a worker who sustained carpal tunnel as a work injury? The answer is “yes”. Fortunately, for most workers who develop carpal tunnel syndrome, proper treatment can usually relieve the tingling and numbness and restore wrist and hand function. It is important, however, to seek treatment as soon as possible, as leaving the condition untreated may lead to permanent nerve and muscle damage.
Should you begin to experience signs and symptoms of carpal tunnel syndrome and your job requires you to perform repetitive motions with your hands and wrists, be sure to report your symptoms to your supervisor, who must provide you with a workers’ compensation claim form to report the work injury. Upon filing a workers’ compensation claim, your employer must send you to a physician in order that your condition may be evaluated and treated. Often times, the physician may find that you may return to work with modified job duties, however your employer may be unable or unwilling to accommodate you.
It would, therefore, be wise to retain at attorney as soon as you have filed a claim for workers’ compensation benefits, in order that your rights as an injured worker may be preserved and you may receive the proper care for your condition. At the Law Firm of Rowen, Gurvey & Win, we specialize in workers’ compensation law and take great pride in fighting for the rights of our clients – the injured workers. Contact us for a free consultation at (818) 981-9960.
Have you or someone you know sustained a spine injury from work accident or work injury? A spine injury that occurs at work or stems from an accident from work can result in a workers’ compensation claim. Injuries to the spine are the most common type of work place injuries. Your spine runs from your neck (cervical spine) to your low back (lumbar spine). According to the United States Bureau of Labor Statistics, more than one million workers suffer from back injuries each year. In fact, back injuries account for one out of every five workplace injuries or work place accidents.
Your spine is made of bones, muscles, and other tissues extending from your neck to your pelvis. Back injuries can result from a specific work injury or work accident (lifting a heavy box, a slip and fall, or car accident, for example) or from repetitive injuries. An example of a repetitive work injury is a warehouse worker who loads/unloads truck and develops back pain after doing his job over a number of months or years, without a specific injury occurring. Common back injuries include sprains and strains, herniated discs and fractured vertebrae.
These injuries can cause pain and limit your movement. Treatments vary but may include anti-inflammatory medications, icing, bed rest, and physical therapy. If your spine pain is not resolved by conservative treatment, you may require spine surgery. Often times when you sustain a spinal injury you feel the pain radiate to another part of your body. Lower back injuries often result in pain and/or numbness and tingling in your legs and buttocks. Neck injures sometimes result in pain radiating down your arm and into your fingers.
At the Law Firm of Rowen, Gurvey & Win we have over 40 years experience in representing workers who have sustained industrial spinal injuries. We work hard to get injured workers the treatment they desperately need, from physicians whom we know and trust — not physicians whom the insurance company refers you to. If the injured worker is placed off work by their doctor, we will make certain they receive the proper temporary disability indemnity from their employer’s workers’ compensation insurance/adjusting company. When you are finished treatment, we negotiate with the insurance company to obtain an equitable settlement. Should the insurance company not offer a fair settlement, we will represent you in court to obtain all benefits you are entitled to. Hopefully, with the proper medical treatment, the injured worker will be able to return to his/her job. If, however, an injured worker is not able to return their job, due to their job injury, we will obtain the appropriate vocational rehabilitation indemnity for you.
The attorneys here at our firm are centralized in Los Angeles County however, represent injured workers all over Southern California. For further information and a free consultation please contact our law firm at (818) 981-9960.
Did you know there are catastrophic work injuries in workers’ compensation? Catastrophic work injuries are devastating on people’s lives and can result in workers’ compensation claims. These injuries are usually the result of a serious accident and can result in a fatal accident or a wrongful death. There are many serious consequences from catastrophic injuries including, but not limited to: brain injuries, head injuries fibromyalgia, CRPS, RSD, amputations, the loss of a limb, and even blindness or vision loss that can be covered under workers’ compensation benefits. If you or someone you know has suffered a catastrophic injury, you may want to contact a workers’ compensation attorney to learn about your rights and benefits under workers’ compensation. Here at the Law Firm of Rowen, Gurvey & Win we specialize in catastrophic work injuries and represent clients in Los Angeles County and all over Southern California.
A catastrophic work injury can happen to anyone on the job, but they are particularly common with construction workers, factory workers, firefighters, police officers, iron workers, commercial drivers, airport and airline workers and laborers. Some common examples of work accidents that can lead to catastrophic injuries are, construction accidents, falls from ladders or scaffolds, machine or construction site explosions, electrocutions and burns, asbestos diseases, car accidents. Catastrophic injuries generally always lead to need for serious medical treatment. Sometimes these accidents even result in fatalities and wrongful death, and in these instances, the employee’s family and dependents might be entitled to death benefits.
It is important to note that catastrophic work injuries often affect a person’s entire life. Following a catastrophic work accident or work injury, the injured worker often suffers additional symptoms and complaints including, post-traumatic stress disorder, anxiety disorder, depression, chronic pain, and hopelessness, which needs to the need for treatment in different specialties.
Employers are required under the law to have workers compensation insurance to cover an injured worker who suffers a catastrophic work injury. It is important that an injured worker receives appropriate medical treatment in order to mitigate the damages and help them cope with the situation. Additionally, it is important that the injured worker receives all benefits under the workers compensation system, including, temporary disability, permanent disability, home care, skilled nursing care, rehabilitation, and even transportation.
If you or someone you know has suffered from a catastrophic work injury or work accident and needs help, please contact the Law Firm of Rowen, Gurvey & Win for a free consultation at (818)-981-9960. We look forward to helping you and your loved ones.