Jack Schamel, Eric Johnson, and Terri Ziegler, their assistant, at Jack's retirement party.

Curiosity and a need to be challenged - those are the qualities Jack Schamel says have led him around some interesting corners in life.

He has been a Marine, a teacher, a town justice, and a labor negotiator - to name just a few of his careers. Since 2002, Jack has been the Workers’ Compensation go-to guy at the Ziff Law Firm. In 2007, attorney Eric Johnson began working with Jack in the firm’s Workers’ Compensation and Social Security Disability group. They were a team, ensuring that injured workers in New York and Pennsylvania received fair treatment.

Now Jack is ready for new challenges. He retired Feb. 1st from the firm, handing over the helm of the Workers’ Comp and SSD group to Eric.

The opportunity and the ability

The staff at the Ziff Law Firm, the people he fought for, and the actual battles in Workers’ Compensation court - those are the three things Jack Schamel says he’ll miss most about his work with the firm.

“I also have a strong belief that we should help people when we have the opportunity or the ability,” he says.

Jack has spent much of his life making a difference in the Twin Tiers. He came out of the Marine Corps in 1958 and went to Mansfield University (two years ago he was inducted into the Hall of Fame there.) He worked his way through college, then started teaching and coaching at Southside High School in Elmira in 1962.

He was vice president of the teachers’ union, served on the Waverly School Board, had a scuba-diving on the side and in 1971 was national sales manager for a company from California.

“In late ‘71 what became NEA-NY hired their first UniServe directors. I was the first in New York State,” Jack says. “I worked in Elmira until I retired in 2001.” (Note - that was his first retirement!)

Jack did a lot of labor consulting on the side when he worked with the union. Jim Reed, Managing Partner of the Ziff Law Firm, suggested that Jack train to try Workers’ Compensation cases.

“He said check it out and I found out that if you pass a test and orientation you can get licensed to do comp either for carriers or injured workers,” Jack says. “I took the test for injured workers and passed.
“The test is a b—–!”

In this retirement, Jack says he’ll still do some investigation work for the firm. He’s held a private investigator’s license for about 20 years.

More causes that will keep him busy include “Union stuff on the side, working for the Democrats and whatever looks interesting,” Jack says. “Since about 1991 I have been doing arbitrations around the country for the National Staff Organization. It’s pro-bono work, but I really enjoy it,” he says. “Right now I have cases in six states.”

Jack adds, “I also have 13 grandchildren, so that will also take some time, too.”

Learning from a tenacious, patient advocate

Jack leaves the Ziff Law Firm’s Workers’ Compensation and Social Security Disability group in the very capable hands of Eric Johnson.

“Virtually everything of value I know, I learned from Jack,” Eric says. “There are a couple of things that stick out: tenacity and patience. Jack was a tenacious advocate who would go to any length for the client and he was an incredibly patient man who wouldn’t jump to any conclusions, but allow the facts to develop.”

Like Jack, Eric has taken a few detours in his career path.

His undergraduate degree (1998, East Carolina University) was in nursing, and he worked as a registered nurse in a number of practice areas, including North Carolina, Pennsylvania, California, and Hawaii.

Yes, Hawaii. Eric’s an avid surfer who took travel nursing assignments where the waves were.

Eric earned a law degree from Penn State’s Dickinson School of Law in 2002 and was licensed in North Carolina the same year. When he decided to practice law, he worked in the areas of bankruptcy and housing law with a public interest law firm in North Carolina.

Eric maintained a friendship with law school classmate Matt Hughson, bankruptcy and real estate attorney with the Ziff Law Firm, and that’s how this surfer/nurse/lawyer found his way to Elmira.

Three things he’s found to truly appreciate about his new home are the seasons, the availability of a wide range of outdoor activities, and the people.

“There are a lot of fun things to do in this area of upstate New York - and friendly people to do them with,” Eric says. “You can ski, hike, swim, take a beautiful drive or any number of things.”

Eric was licensed to practice law in New York in September 2008. His years of nursing experience make him ideally suited to the practice areas of Workers’ Compensation and Social Security Disability.

“What’s rewarding about my practice areas is the ability to help folks who had a work injury get back on their feet and get back to work,” he says. “For those who can’t return to work, I can help them secure an income so they can eat and have a roof over their heads.”

• If you have questions about Workers’ Compensation and Social Security Disability, visit Zifflaw.com or e-mail ejohnson@zifflaw.com.

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Mileage reimbursement may not seem like an exciting topic, but I’m here to tell you that this benefit can add up to real money that can make all the difference if you’re struggling to make ends meet on Comp.  It never ceases to amaze me how many Workers’ Comp claimants, represented and unrepresented, don’t know that they’re eligible for mileage reimbursement.

Workers’ Comp claimants are entitled to mileage reimbursement round-trip from their homes to all medical, chiropractic and therapy treatment for their work related injuries (mileage to and from the pharmacy, the court and your attorney’s office are not reimbursable).  The reimbursement rate from July 1, 2008 to January 1, 2009 was 58.5 cents per mile.  The reimbursement rate after January 1, 2009 is 55 cents per mile.

Mileage is to be put on form C-257, commonly known as the M & T form, which refers to the fact that this form is to be used for both medical and travel expense reimbursement.  We counsel our clients to submit the completed form to us and to let us know if they haven’t been paid in 6 weeks  (45 days is the industry standard for mileage reimbursement). We submit the form to the insurance carrier and the Workers’ Compensation Board.  If our client hasn’t been paid in 6 weeks, we’ll contact the carrier and if necessary we’ll request a hearing before a Workers’ Compensation Law Judge.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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I’m not Moses bringing down the Ten Commandments from Mount Sinai.  Heck . . . I’m not even Charlton Heston as Moses.  I am an attorney who currently represents about 700 Workers’ Compensation claimants.

You can think of my Ten Workers’ Compensation Commandments as the “Ten Compmandments” and they are among the habits of folks whose Comp cases do well. 

1. Immediately report your work injury to your employer.

2. Inform your medical providers that they’re treating you for a work related injury.

3. Treat with your physician every 45 days.  If you don’t, you may not be eligible for comp payments for the time periods for which you don’t have up-to-date medical.

4. If you are less than totally disabled because of your work injury, look for work within your restrictions.  See my post NY Workers’ Comp and Labor Market Attachment Revisited.

5. Do not talk with insurance company claim representatives or investigators.  Inform them that you’re represented and let your attorney talk to them.

6. Do not heed your neighbor’s Comp advice.  Discuss your case with an attorney.

7. Inform your attorney when you return to work or if you perform any work.

8. Keep your attorney’s office updated with your latest contact information: address; phone number; and email.

9. Attend your hearings.

10. Keep your all of your Comp records forever.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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For some time we’ve been kicking around the idea of creating a guide to communication for our clients. We’ve got something, but I’d like to know if it can be improved. Who better to ask than our clients or potential clients. Please read our draft guide to communication below and let me know what you think. I’m begging you! : )

Guide to Communication With Your Workers’ Compensation and Disability Attorney

First, let me say that I sincerely believe that good client/lawyer communication is absolutely essential to good representation. It is my goal that I am accessible and that communication with my clients is open and productive. Because I have hundreds of clients, this can be difficult. I am keenly aware of how frustrating it is when you have pressing questions and concerns and I am happy to try to answer your questions as quickly and thoroughly as possible.

There are several things we can both do to make communication between us easier.

EMAIL

For those of you who have access to email, my strong preference is communication via email for several reasons that are better for each of us:

• With email we don’t have to play “telephone tag” with each other,
• Email allows me to respond at any time: night; day or weekend,
• All emails are automatically saved to our case management program so we have a running record of your questions and my responses, and,
• If you save my email responses to your computer, you will have them for future reference if you have any confusion about what I have told you.

You may email me at ejohnson@zifflaw.com or my assistant Terri Ziegler at tziegler@zifflaw.com

TELEPHONE

During the day I have hearings, client meetings, phone calls from clients and compensation carriers. My days are often very busy and that’s why I have the preference for email discussed above. However, I am well aware of the fact that not everyone has email, so a few telephone tips will help each of us:

• I make it my policy to not interrupt my meetings with you to take telephone calls from other clients but that same policy means that I can’t interrupt a meeting with another client to take your call– it’s a matter of respect for ALL my clients. Accordingly, if you call, please do not be offended if I am unable to take your call.
• If you call me (733-8866 or 800-943-3529), please be prepared to leave a voicemail with the details that will help me call you back with an answer to your concerns. I try to return phone calls two times a day: 8-9 am and 4-5pm. When leaving a voicemail, please let me know which of these two time periods are better for you, the # I can reach you at at that time. I will do my best to return your call at that time.
• I try to return all calls within 24 hours of your call so if you haven’t heard back from me within that time period, please call back and leave another message for me or my assistant Terri. Many times I have left messages for clients who never received them for a million different reasons: a teenager “forgot” to give their parent the message, someone wrote it down and then lost the paper it was written on, etc. The bottom line is that none of us is perfect but I will try very hard to make sure you get a prompt response to your call.

FAX

You may fax me at 607-732-6062. If you fax me, please make sure your name, phone #, fax # and/or email address are on all faxes.

Thanks for reading and please let me know what you think.
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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I am frequently asked about settling of Workers’ Comp cases. The question of whether or not to settle your Workers’ Comp case is an individual choice that involves a lot of factors. However, I’ll address a couple of important points that touch on the concerns I see raised by folks on our blog and in my practice.

An important thing to keep in mind about settling a Workers’ Comp case is that settlement is voluntary for both parties and the insurance company is only going to seriously consider settlement for the amount of their liability, which probably doesn’t come close to your loss. Insurance companies evaluate everything in terms of dollars and cents so if a settlement doesn’t make economic sense, they’re not going to be interested.

Insurance companies are generally interested in settling for around 5 to 5 and 1/2 years of your payments. On occasion, we can negotiate higher, but 5 to 5 and 1/2 years is pretty much the ballpark. A couple of reasons for this are that the insurance company is looking forward to a time when they may pass liability for your claim on to a state fund or they find another way to get out of paying you. See NY Workers’ Comp and Labor Market Attachment Revisited.

The most important point about settling your Workers’ Comp claim is to NOT settle before you’re at maximum medical improvement. If your injury is recent, insurance company representatives may be hounding you to settle. The overwhelming majority of settlements settle both lost wage payments and medical benefits. I advise our clients to NOT consider settlement of their claims until their work injury is at maximum medical improvement.

Please see Jim Reed’s blog post “Attorney’s Fees in N.Y. Workers Compensation Cases” for some great comments related to settling Workers’ Comp cases.

I would be happy to hear any questions you may have about settling your Workers’ Comp case.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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Ithaca’s Workers’ Compensation hearing location is slated to close January 15, 2009. The closing of hearing locations and the implementation of new forms and the so-called “rocket docket” create new hardships for claimants. The closing will leave claimants traveling to other locations for hearings.

Elmira will be the closest hearing location for many. The Elmira location is gearing up for renovations to accommodate the influx of new cases.

Route 13 between Elmira and Ithaca can be a bear in the wintertime and winter is just around the corner. Please contact your attorney and see if the hearing can be handled by telephone. If not, please drive safely.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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If you’re a partially disabled Workers’ Compensation claimant, you have an obligation to make a good faith effort to look for work within your restrictions. The purpose of this post is to share some points of advise we give our clients. For background, see my post “NY Workers’ Comp and Labor Market Attachment.”

• As soon as you go from totally to partially disabled, tell your employer that you’re available for light duty work within your restrictions. If your employer doesn’t have light duty for you, sign up for unemployment and look for work. See my post “NY Workers’ Comp and Unemployment Benefits,” for details on being on Workers’ Comp and receiving unemployment.

• Apply for at least 2 or 3 jobs per week and keep a log of your job search. Write down the date, the name of the company, who you spoke with, and whether or not you submitted an application. It’s a good idea to make and keep a copy of the application. Apply for jobs online and print and keep a copy of the online applications.

• Sign up with a temporary employment agency.

• Remember that it doesn’t matter if no one will hire you with your restrictions. The point is that you have to make a good faith effort to look for work.

• Contact the rehabilitation staff of the Workers’ Comp. Board.

• If you’re a union member, it’s a good idea to check in with your union representative at least once a week to see if they have any work available within your restrictions. Your contract will likely prohibit your taking other work in your trade; however, you must remember that you have an obligation to look for work within your restrictions whether or not it’s within your trade.

Do these things and you won’t have any problems with labor market attachment.

Thanks for reading,
Eric

___________________________________________
Eric L. Johnson, Esq.
Workers’ Compensation and Social Security Disability Attorney
Ziff Law Firm, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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WETM-TV posted an update (see below) on the explosion at the Dresser Rand plant in Painted Post that badly injured two local workers, Art Shurgars and Gerald Leach.  We are relieved to hear that both workers seem to be medically stable.  Both local and federal investigators are investigating the cause of this explosion but so far no one has any definitive answers.

One of the things you quickly learn as an accident lawyer is that there are an amazing array of dangerous jobs that expose workers to harm every day.  Over the years, I have represented loggers, welders, construction carpenters, police officers, factory workers, firefighters, etc..  I never cease to be amazed by just how dangerous some jobs can be.

That’s why it is very important that employers take every step in their power to try to protect their workers from harm– whether it be safety equipment, safety training or implimenting safer ways of performing the work– it’s literally life or death for their employees, so it is critical that employers do what they can to provide a safer work environment.

Don’t get me wrong, I know sometimes things happen that no one could have anticipated or protected against.  However, what makes me angry are the people who were hurt because an employer decided to save some $$$ on safety equipment or training.  When that happens, sorry, but it is NOT an “accident”, it’s an injury or death just waiting to happen…

Thanks for reading,

Jim Reed
NY & PA Accident & Malpractice Lawyer
jreed@zifflaw.com

Two workers were injured in Sunday’s blast. Dresser Rand officials say Art Shurgars was released from the hospital with moderate injuries on Monday. But Gerald Leach is in critical condition at Arnot Ogden Medical Center in Elmira. Dresser Rand officials say he has made it out of surgery and is stable.

The Painted Post Police Chief says the blast happened when a cylinder was being pressure tested with helium near the middle of the Painted Post plant.

“At some point during this test, parts of it failed and resulted in an explosion,” said Robert Halm.

But there are still more questions on what exactly went wrong. Occupational Safety and Health Administration officials are now at Dresser Rand, looking for answers. A regional OSHA Director says investigators will take pictures of the scene and interview witnesses. They will also find out if this could have been prevented. If Dresser Rand is found to be in violation of any OSHA laws, they could be fined. A former Dresser Rand worker who worked with the man that was seriously injured says he was a conscientious worker.

”I know he does everything by the book. So there’s gotta be something else that went wrong,” said Jack Rease.

Dresser Rand’s Chief Safety officer is also investigating the blast.

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JP Morgan recently announced that it is the first major financial institution to enable insurance companies to use prepaid debit cards to deliver workers compensation benefits to injured workers.

The Chase Workers Compensation Card, issued by JP Morgan, provides insurance companies with an alternative method for paying injured workers and improves the benefits payment process by reducing the costs and time associated with paper-based check distribution.

Workers’ Compensation claimants benefit from efficient, economical and reliable access to insurance payments without having to wait for a check to arrive in the mail.

An Ohio insurance company is now offering the Chase Workers Compensation Card to claimants who receive repetitive payments. For more information please see go to JP Morgan’s press release “J.P. Morgan is First Major Bank to Offer Workers Compensation Debit Card.“

Hopefully we’ll see debit cards in this area soon.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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On July 2, 2008, Governor Paterson signed an agreement allowing New York State to participate in the federally-funded 13-week extension of unemployment insurance benefits.  The first week for which extended benefit payments can be made is the week ending on Sunday, July 13, 2008.

For more information about collecting unemployment benefits while on Workers’ Comp. please see my blog post N.Y. Workers’ Comp. and Unemployment Benefits.

For more information about qualifying for the 13-week extension please see the N.Y.S. Department of Labor’s Notice About Emergency Unemployment Compensation.

Thanks for reading,
Eric

____________________________________________
Eric L. Johnson
Ziff, Weiermiller, Hayden & Mustico, LLP
303 William St., Elmira, NY 14902
Tel: (607) 733-8866
Fax: (607) 732-6062
Toll Free: 1-800-943-3529
Email: ejohnson@zifflaw.com
Web: http://www.zifflaw.com

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