Michael J. Schulte
Attorney at Law

Workers Compensation

Pediatric Consultative Examination Reports
A medical professional who has been tapped by the Social Security Administration (SSA) to conduct a consultative examination of a child must include certain information in his report. The SSA mandates that the report containing an assessment of the child's history, examination, and any laboratory findings be consistent with the format for reporting results used for complete internal medicine examinations. The report must be thorough and complete in order to provide the SSA with the necessary information to determine the nature, duration, and severity of the child's impairment as well as the limitations that such impairment places on the child. More...
A worker's injury that results from an assault is not compensable unless the assault arises out of his employment. The employment connection is satisfied if it is shown that the type of work or the setting in which it is performed increased the worker's risk of assault. For example, occupations that may carry a higher risk of assault due to their very nature are police officer, prison guard, and security guard, to name a few. Further, employees who work in a dangerous area of a city or who work at night may also be at an increased risk for assault. More...
Medical Benefits
A key feature of the workers' compensation system is that it provides medical benefits for the injured worker. The medical benefits provided to eligible employees include those for medical services, medicine, and medical equipment or accouterments such as hearing aids and other medical devices. In addition to these benefits, the cost of travel in order to obtain the necessary medical care is reimbursable. In most jurisdictions, the receipt of such benefits is not limited to a specified time frame or capped at a specified amount. Although the employer is responsible for payment of the injured worker's medical and hospital benefits, it is the employee who generally chooses his medical provider. However, some states mandate that the employee choose from an authorized panel of providers or even that it is the employer's prerogative to choose a physician for the employee. More...
Workers' Compensation Medical Benefits as "Property"
The Due Process Clause of the Fourteenth Amendment to the United States Constitution provides that a person shall not be deprived of his property without due process of law. The issue of whether workers' compensation medical benefits are "property" under the Fourteenth Amendment was addressed by the United Supreme Court, which held that such determination hinged on the individual's entitlement to such benefits. More...
Employee Detours and Deviations From Business Trip
Employees may be called upon by their employer to travel for a business purpose. Such travel is generally considered to be in the course of employment and, if injured, the employee will be entitled to workers' compensation benefits. However, if the employee deviates from the business trip route for a personal reason, he will not be covered by workers' compensation until he returns to the business trip route. Notably, if the deviation is basically inconsequential, the employee may still recover benefits if injured on the minor detour. More...

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Michael J. Schulte
Attorney at Law
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