Blog
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“How do I settle my workers’ compensation case or get a settlement?”
Are you wondering if you can get a settlement for your work injury? This blog can help you understand the Virginia workers’ compensation settlement process & hopefully get a better idea of what you should do. A “settlement” of your claim can mean different things. Some workers mistakenly think that when they get payment […]
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Do Police Officers, Firemen, and Other First Responders Get Lifetime Medical Coverage for Heart Disease or Hypertension?
For police officers, firefighters, and other types of first responders in Virginia, the Workers’ Compensation Act creates a presumption that hypertension or heart disease causing total or partial disability is presumed to be an occupational disease suffered in the line of duty. As such, medical and wage loss benefits may be awarded to the officer/firefighter […]
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Injured after hours at office/work event?
Sometimes, even injuries that occur after normal work hours can be covered by workers’ compensation. As usual, it depends on the situation. For instance, if your employer is sponsoring a party or event and you are encouraged to attend, and it benefits the employer, it is more likely that an injury occurring at the event […]
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What if I can’t remember how I got hurt?
There are some injuries that occur where an injured worker cannot remember what caused their injury. For instance, a construction worker is working at a height and next remembers waking up on the ground or in an ambulance. A nurse is working on a tile floor and next remembers waking up in a hospital. If […]
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Workers’ comp. denied medical care?
If you have a workers comp. injury in Virginia, you are entitled to medical care for your injury. Virginia Code §65.2-603 requires the employer (usually through its workers’ comp insurance carrier) to furnish medical attention for compensable work injuries. All too often, however, the injured worker is denied medical care and does not know their […]
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Do I get paid by workers’ comp if I have to miss work to go to a medical appointment?
If you have a compensable workers’ comp. injury in Virginia, you are entitled to medical care for your injury. Virginia Code §65.2-603 requires the employer (usually through its workers’ comp insurance carrier) to furnish medical attention for compensable work injuries. Assuming you have been awarded benefits by the Virginia Workers’ Compensation Commission for your injury […]
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Workers’ Comp Deposition
Ok, you got a letter saying you have to appear for a “deposition” in your workers’ comp case. What to do? Well, first of all, make sure you show up. You can lose your case if you don’t cooperate. Second, find a competent, experienced workers’ compensation lawyer to help you with your claim. If you […]
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PERSONAL INJURY SETTLEMENTS AND WORKERS’ COMP
If you have an injury that is both a work injury, and a personal injury claim (caused by a third party), you may have two separate injury claims you can pursue simultaneously. However, please proceed very carefully if you are pursuing both claims. First, what is meant by an injury caused by a “third party”? […]
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Weight Gain and Workers’ Compensation Benefits
In a workers’ compensation case out of Idaho, the Supreme Court of Idaho reaffirmed a long-standing principle in workers’ comp law that post-injury weight gain by an injured worker does not relieve the insurance carrier from having to provide medical care related to the injury, even if the weight gain has exacerbated the work-related injury. […]
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I GOT HURT AT WORK, BUT THEY SAID IT’S NOT COVERED BY WORKERS’ COMP. WHY?
Like most legal questions, the answer to this question depends on your specific situation. However, I know one thing for certain, don’t rely on an insurance adjuster to make the final decision. If an insurance company denies your claim, that doesn’t necessarily mean your claim is denied! HUH? That’s right, you may very well be […]
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The doctor said there is nothing more he can do but I am still in pain. What can I do?
LIFETIME MEDICAL CARE The doctor said there is nothing more he can do but I am still in pain. What can I do? If you received a lifetime medical award from the Virginia Workers’ Compensation Commission, you have the right to reasonable, necessary and related medical care for your injury. This can include a wide […]
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CAN I GET WORKERS’ COMP IF I AM ASSAULTED AT WORK?
If you’ve been assaulted at work and suffered an injury, you may be covered by your employer’s workers’ compensation insurance. Like many workers’ comp injuries, it depends on whether you can show that the attack arose out of your employment. In a workers’ compensation case, a worker may suffer a random attack from someone he […]
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Been “ghosted” by an insurance adjuster?
Can’t get the adjuster to call you back? Can’t get your mileage and medical costs reimbursed? Paycheck delayed? Unfortunately, this is a very common problem in workers’ comp. injury cases. Oftentimes, if the adjuster doesn’t have an urgent reason to call you back, they won’t. If you have an injury & are relying on an […]
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Why do I have to look for another job if I got injured at work?
Injured workers are oftentimes surprised to find out that they do not automatically get paid workers’ compensation if they can’t do their old job due to their injury. In Virginia, if you get hurt at work and a physician or other qualified medical professional writes you out of work totally, you will likely get paid […]
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I am making less pay after my work injury. Is that fair?
No. If you have an Award for workers’ comp in Virginia and your employer lets you come back to work on restricted duty, in many cases the workers’ comp insurance is supposed to “make up the difference” in your pay. This is called “temporary partial disability”. These are partial wage payments that, when added to […]
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Magic Mushrooms Covered by Workers’ Comp?
The Journal of the American Medical Association recently published a report sharing the results of a study alleging that psilocybin (or so-called magic mushrooms) could be an effective treatment against major depressive disorder. Although illegal in most states, Colorado and Oregon recently passed measures allowing regulated use of magic mushrooms. Other states have attempted to […]
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IS MASS SHOOTING COVERED BY WORKERS’ COMP?
Once again the answer is… It depends on the situation. These are always horrific tragedies and there are no easy answers. The simplest way to try to answer this question is to ask whether the injured (or deceased) worker was exposed to an increased risk of being victimized by a mass shooter due to the […]
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PERSONAL INJURY SETTLEMENTS AND WORKERS’ COMP
If you have an injury that is both a work injury, and an injury caused by a third party, you may have two separate injury claims you can pursue. However, please proceed very carefully if you are pursuing both claims. First, what is meant by an injury caused by a “third party”? A good way […]
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CAN UNDOCUMENTED WORKERS GET WORKERS’ COMP?
Believe it or not, the answer is yes. In Virginia, if an employer hires and employs an undocumented worker, and that worker gets injured in the course of his or her employment, arising out of the employment, they can get medical benefits and possibly wage loss benefits. If the injury is serious enough to render […]
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POLICE OFFICERS AND HEART DISEASE (HYPERTENSION)
For police officers, firefighters, and other types of first responders in Virginia, the Workers’ Compensation Act creates a presumption that hypertension or heart disease causing total or partial disability is presumed to be an occupational disease suffered in the line of duty. As such, medical and wage loss benefits may be awarded to the officer/firefighter […]
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I GOT HURT AT WORK, BUT THEY SAID IT’S NOT COVERED BY WORKERS’ COMP. WHY?
Like most legal questions, the answer to this question depends on your specific situation. However, I know one thing for certain, don’t rely on an insurance adjuster to make the final decision. If an insurance company denies your claim, that doesn’t necessarily mean your claim is denied! HUH? That’s right, you may very well be […]
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Is Post Traumatic Stress Disorder (PTSD) covered by workers’ compensation?
Answer: Sometimes. It depends on the facts of your specific case. If you have PTSD from a traumatic workplace incident, it might be covered by workers’ compensation. As with most work injuries, it depends on the facts of your case. In 2014, the Virginia Court of Appeals decided in favor of a UPS driver that […]
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Can I get unemployment benefits and workers compensation benefits?
Maybe. If you have been taken out of work completely, and you are receiving a workers’ comp wage check, you normally cannot receive unemployment benefits. If you are written to light-duty release, and receiving a workers’ comp wage check, and if the amount of your workers’ comp disability benefit check is less than your unemployment […]
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I GOT HURT WHILE TRAVELLING OUT OF STATE FOR MY JOB. WILL WORKERS COMP COVER THIS?
The fact that you got hurt out of state doesn’t mean you won’t be covered by workers’ comp. It all depends on the specific facts of your case. If you are a Virginia worker, the fact that you were injured out of state does not mean you can’t file a claim in Virginia. For instance, […]
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WHAT IF I GET ASSAULTED AT WORK?
If you’ve been assaulted at work and suffered an injury, you may be covered by your employer’s workers’ compensation insurance. Like many workers’ comp injuries, it depends on whether you can show that the attack arose out of your employment. In a workers’ compensation case, a worker may suffer a random attack from someone he […]
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I LIKE MY BOSS AND AM GLAD TO HAVE A JOB. I DON’T WANT TO “HURT” THEM BY FILING A WORKERS’ COMP CLAIM.
If you get hurt at work, a good employer will help you get the care and compensation you need and deserve. If they are making you feel guilty about getting injured on the job, your loyalty to them is not deserved. If you got hurt at work, their insurance company may raise their rates whether […]
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WHAT IF I GET FIRED BECAUSE I AM HURT?
If your employer has workers’ compensation insurance, they are not allowed to fire you just because you got hurt and filed a workers’ comp claim. However, this situation can get complicated, and is another reason you need the advice of an attorney specific to your case. An employer can terminate your employment when you have […]
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What to expect at your Workers’ Comp deposition
Ok, you got a letter saying you have to appear for a “deposition” in your workers’ comp case. What do you do? Well, first of all, make sure you show up. You can lose your case if you don’t cooperate. Second, as I always say in my blog, “first seek a competent, experienced workers’ compensation […]
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Claim denied because the comp carrier says your injury was a pre-existing condition?
Do not just accept an insurance carrier’s denial of your claim because they say it is a “pre-existing condition.” Even if you have a pre-existing injury or condition related to the same body part injured in a work accident, you may still be entitled to medical benefits related to the work accident. For instance, say […]
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What can I do if they are late in paying my workers’ comp wage benefit?
If you are entitled to workers’ comp wage benefits, the insurance carrier is obliged to pay you within 14 days of the date the last payment was due. If they do not, they may have to pay you an additional 20% penalty assessed on the amount due. Virginia Code §65.2-524 says: “Failure to pay compensation […]
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5 reasons you need a workers’ compensation lawyer if you get injured at work
You suffered an injury at work. Now, what do you do? Can I handle it myself or do I need a lawyer? Here are some reasons why you need a compensation lawyer if an accident occurs at work. The insurance adjuster is not looking out for you. No matter how “nice” they sound or […]
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Does workers’ comp have to pay for marijuana if I use it for pain treatment?
In Virginia, if your treating physician writes you a prescription for marijuana, it is possible that the workers’ comp insurance carrier could be forced to pay for the prescribed marijuana. As of now, Virginia courts have not resolved this question. However, in a pair of recent Pennsylvania cases, the appeals court decided that the insurance […]
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“I have a lifetime medical award, but workers’ comp won’t pay for medical care. What do I do?”
Many people think that since they have a lifetime medical award, they will not need legal help because they are covered for life. They usually soon find out otherwise. Many times a workers’ comp. carrier will just refuse to authorize medical care without explanation and ignore your calls. They won’t honor the lifetime award unless […]
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Remember to buckle up!
No matter what kind of vehicle you drive, don’t forget to wear your seat belt. Seat belts can decrease the risk of suffering from severe injuries, or worse, should an accident occur. It’s especially crucial for workers in the trucking and delivery industries. If you are injured in an auto accident while working (truck driver, […]
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My workers’ comp claim has been denied because they say my injury did not come from my job. What can I do?
Not all injuries that happen at work are covered by workers’ comp. However, just because the workers comp insurance carrier denied your claim doesn’t mean you shouldn’t keep fighting. They have an incentive to deny claims….they don’t want to pay. So, if there is anything they can do to refuse to accept your claim, they […]
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CAN I PICK MY OWN DOCTOR FOR MY WORKERS’ COMP INJURY?
Yes, sort of. You are supposed to be provided a list (also called a “panel”) of three doctors to choose from after your injury. In my experience, I have seen employers and insurance companies often “guide” injured workers to doctors they like rather than offer them a choice. In cases like that, once you’ve begun […]
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Been ghosted by an insurance adjuster?
Have you been ghosted by an insurance adjuster? Not getting a return call? Who ya gonna call? The Insurance Adjuster Ghostbuster! Also known as your workers’ comp lawyer. Ok, but, seriously. If you have an injury and are relying on an insurance adjuster to help you, it can be a very frustrating experience. To the […]
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What if the adjuster says my case is closed?
Do not be discouraged if you have been told by a workers’ comp claims adjuster that your “case is closed.” The truth is, they may consider your case closed, but the law says otherwise. If you have a medical award in Virginia (check with the Virginia Workers’ Compensation Commission in Richmond if you are not […]
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Do I have to pay taxes on my workers’ compensation check?
Workers’ comp wage loss checks in Virginia are not taxable income. Your workers’ comp payment is supposed to be 2/3 of your average weekly (gross) wages. This amount is generally calculated based on the 52-week period before your injury. The simplest way to put it is to add up your pay from the last year […]
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Can I get paid for my ‘pain and suffering’ in my workers’ compensation claim?
If you are trying to negotiate a settlement of your workers’ comp claim on your own, you might be concerned they aren’t offering you enough money. You might be asking yourself, “why don’t I get more money for my pain and suffering?” Your concern that they are not offering you enough money is understandable. The […]
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Virginia Workers’ Compensation settlements
Have you been offered a settlement of your workers’ compensation claim? Are you wondering if it’s possible to receive one? What exactly is a workers’ compensation settlement? A settlement of your claim can mean different things. Some workers mistakenly think they have settled their claim when paying for permanent partial disability (PPD). Not true. If […]
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Vaccine mandates and workers’ compensation
Regardless of your beliefs about the vaccine, it is undisputed that many workers are anxious, concerned, and worried about the vaccine mandates that are being imposed on government workers and many employers. How does this affect workers’ comp? If an employer orders its employees to get a vaccine, and a worker has a bad reaction […]
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Medicare and workers’ comp
If you are on Medicare but still in the workforce, it’s essential to know what to do if you are injured on the job. If you have a work-related accident, there may be confusion about how you will pay your medical bills. Does Medicare pay, or does your employer’s workers’ comp insurance pay? The answer […]
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COVID-19 and workers’ compensation
If you contracted Covid-19 and are a healthcare worker or a first responder, you might be eligible for coverage under your employer’s workers’ compensation insurance. The Virginia Legislature passed a law making it easier for frontline workers to file Covid-19 as a work-related condition. Section 65.2-402.1 of the Code of Virginia states as follows: B.1. […]
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Unpaid medical bills and wages from workers’ comp?
Are you getting the run-around from the workers’ comp insurance adjuster for a work-related injury? Frustrating, isn’t it? Darren Shoen with the Law Office of Darren Shoen is a lawyer for injured workers in Virginia and knows exactly what you need to do. Here are some practical tips. 1) Immediately, notify your employer of your injury and […]
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Why having a lawyer represent you is a good idea
If you have filed a claim for benefits in the Virginia Workers’ Compensation Commission, you may very well end up in a court-type hearing. You will likely face a lawyer for the insurance company experienced in appearing in court and handling workers’ compensation claims at this hearing. Most hearings are scheduled for only 30 minutes, […]
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Virginia Workers’ Compensation settlements
Have you been offered a settlement of your workers’ compensation claim? If so, or if you’re wondering how to receive a settlement, here is a breakdown of Virginia workers’ compensation settlement process. A “settlement” of your claim can mean many things. Some workers mistakenly think when they receive payment towards permanent partial disability (PPD), they […]
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Am I an “independent contractor” or employee?
For most workers, the answer to this question is usually straightforward: “I am an employee.” However, there are often situations where an employer tells a worker they are an “independent contractor” and therefore not entitled to receive employer’s workers compensation insurance or other employment coverage. Employers do this for one primary reason: they save money. […]
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Injured at work? What’s the next step?
People get injured on the job every day, but many of them don’t know what to do. How do you know if you have a claim or if a lawyer would be interested in hearing your case? Darren Shoen, with the Law offices of Darren Shoen, shares some of his top need-to-know tips. The basics about work-related […]
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What to do if I get hurt at work?
These are some of the basics to remember if you’ve been hurt at work. Obviously, there is more to know and things can get complicated. But at least do this…. 1) As soon as possible, notify your employer of your injury and file a claim with the state agency that handles these things. In Virginia, […]
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Covid-19 and Workers Compensation
In this challenging time, dealing with legal issues may not be a top priority. Still, new questions and concerns related to the coronavirus and your employment will need to be addressed and resolved. The following are a few examples of issues that could affect you in some way: 1. If your employer has you working […]
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How does workers’ compensation affect Social Security Disability?
Depending on your situation, it can have different affects. Assuming you have a workers compensation wage award in Virginia and you are approved for social security disability payments, there can be an “off-set” (reduction) of your disability benefits based upon the amount of your workers’ comp payments. Under Social Security Administration rules, you may collect […]
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Denied Medical Coverage?
If medical care has been denied, as always, first seek a competent, experienced workers’ compensation lawyer. A lawyer might take your case on a contingency fee basis and provide a free case evaluation or free consultation. If you can’t find legal help, and if you have a lifetime medical award and the insurance adjuster has […]
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What Are Some Reasons People Get Hurt At Work?
“There are several different ways someone can get hurt on the job. From what are seemingly minor injuries—to a paper cut, to an insect bite, all the way to catastrophic injuries of falling off buildings, out of trees, and so forth. Some people will think maybe they don’t need to see a lawyer because it’s […]
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Do I Still Need a Workers’ Comp Attorney If I Have Insurance?
“Injured workers often ask me why should I get a workers’ comp lawyer if I have an insurance carrier that is taking care of me? They’re paying me, they’re paying my medical bills. Because you need someone working for you. The insurance carrier has lawyers working for them, helping them through the case. Remember their […]
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What Areas Do You Service?
“The Law Office of Darren Shoen represents clients from far and wide, throughout the Commonwealth of Virginia. It’s a regional law practice. So we primarily represent injured workers from Richmond, all the way west out to say Wythe County, Galax and even further Southwest. Several clients come from the Southside area well–Danville and South Boston […]
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How Do I Know If I Need a Workers’ Comp Attorney?
“You know you need a workers’ comp lawyer if you got hurt at work. You can always use a workers comp lawyer; someone like myself who does workers comp and knows workers’ comp. When I advise somebody who just calls me, even if it’s as simple as you got a cut finger at work. I […]
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Do I Apply For Benefits in Virginia or in the State in Which I Was Hurt?
“If your job requires you to be outside of the Commonwealth of Virginia; and typically a Virginia worker, it can be a complex situation. In certain cases, you can apply for benefits in the state where you were hurt or you can apply in the Commonwealth of Virginia as well. It just depends—you know per […]
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Why Get a Lawyer If I have Workers’ Comp Insurance?
Today, Darren is taking on the topic “Why get a Lawyer If I have Workers Comp Insurance?”. There are rights that you have that the insurance company may not communicate to you. It is important to have a knowledgeable Lawyer on your side to ensure all of your rights are covered. Darren addresses this more […]
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Hurt At Work? Take Care of Yourself First.
“When you’re hurt at work, the very first thing you need to do is make sure you get proper medical attention. Whether it’s a small injury or a major injury. Just make sure you get medical care first. Don’t worry about the law right when you get hurt, take care of yourself first. For purposes […]
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Workers’ Comp Introduction
Darren Shoen, a workers compensation lawyer serving Virginia, is here to help give you some basic guidance when you are injured at work. Serving Central and Southwest Virginia. Darren will be posting new blogs on a regular basis touching on topics that he receives questions on that relate to workers compensation. Be sure to come […]
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