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Category: Workers’ Compensation

What is secondary gain?

February 26, 2015
Oxner
Secondary Gain: What Does It Mean? Secondary gain is a psychological term that refers to a motivating factor that a patient has in reporting symptoms or complaints of pain. More simply, the secondary gain is an outside reason or benefit to complaining of pain or mental or physical symptoms. For instance, if you tell your […]
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Can my employer make me do a fake job?

March 1, 2015
Oxner
We don’t like it one bit, but the answer is “probably.” If you are in the “healing period” before you reach maximum medical improvement then your employer can ask you to come to work and do just about anything as long as it is within the doctors’ restrictions. Once you are at maximum medical improvement, […]
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What if I had two jobs when I got hurt?

March 20, 2015
Oxner
This is fairly common. You’re average weekly wage is based on what your earned on the job where you got hurt. This is true even if you’re disabled from the other job. While that is difficult for you as a practical matter it’s only fair that your employer’s liability be limited to taking care of […]
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My employer is sending me to the company doctor. It’s an accepted claim, right?

April 2, 2015
Oxner
No! It’s very common for an employer and/or an insurance company to send you to their handpicked doctor in hopes of getting a report from him saying you weren’t really hurt, or that you can work, or some other opinion which is favorable to them. If the doctor says something that they don’t like – […]
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What’s the difference between a Form 60 and a Form 63?

April 16, 2015
Oxner
These are the two forms which defendants use to accept a claim before the Industrial Commission. A Form 60 is an outright acceptance of the claim. It’s difficult for an insurance company to get off the hook if they’ve filed this. As a result you are more likely to see an adjuster file a Form […]
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