Category Archives: mental health

Brain Injury Association of Nebraska Advocates, Educates through Upcoming Conference

Posted on March 24, 2016 by Emily Wray Stander

Brain injury is caused by trauma, and it causes lifelong problems to which victims and their loved ones must adapt.

Our firm and our senior member, Rod Rehm, has represented victims of traumatic brain injury (TBI) since the early ’80s. Obtaining recognized evidence concerning most TBIs has been made much easier by associations such as the Brain Injury Association of Nebraska (BIA-NE).

This group of victims and their families have worked tirelessly to inform and educate the public and our lawmakers about TBI. BIA-NE has been a strong and effective advocate for victims and their families. There are a lot of really interesting and helpful resources on the website. In addition, the group hosts events that offer information and support, including an upcoming conference in Kearney from March 31 through April 1. The registration deadline is Friday, March 25, so please register for the conference through this link.

Organizers suggest the following people should consider attending this conference, according to the website:

“People with Brain Injuries
Family Members/Caregivers
Health Care Professionals (See For Professionals)
State Agency Personnel
Educators who work with brain injury or special needs children.
Law Enforcement Personnel
Anyone interested in issues and trends in brain injury”

In addition to the upcoming conference, BIA-NE also holds events that focus on supporting veterans and their caregivers.

TBI victims now face more accepting judges, juries and insurance companies as they seek proper treatment and compensation thanks to this inspiring advocacy.

Rehm, Bennett and Moore is proud that Rod Rehm has been designated as a Recognized Brain Injury Attorney by the Brain Injury Association of Nebraska.

Halloween as an Opportunity for Tolerance, Practice for Life

Posted on October 29, 2015 by Emily Wray Stander

I spend a lot of time on social media for the firm as the research and marketing director. So when a post goes viral, it gives me an opportunity for numerous views on numerous social-media platforms.

Here’s some commentary I’ve been seeing the last few years around this Halloween time.

“With Halloween upon us, please keep in mind, a lot of little people will be visiting your home. Be accepting. The child who is grabbing more than one piece of candy may have fine motor skills. The child who takes forever to pick out one piece of candy may have motor planning issues. The child who does not say trick or treat or thank you may be non-verbal. The child who looks disappointed when they see your bowl might have an allergy. The child who isn’t wearing a costume at all may have Sensory Processing Disorder (SPD) or autism. Be nice. Be patient. It’s everyone’s Halloween.”

As a generous soul who is kind enough to want to interact with children on this holiday, I thank you in advance for doing whatever you wish and think is appropriate for Halloween. And if you have your Halloween traditions, feel free … my elementary P.E. teacher would scare the stuffing out of every group of children who rang his doorbell, so we had to decide if we really wanted to or not, for the sake of getting a coveted piece of candy.

But please remember that the world is changing, whether we like it or not.

Some of the changes are positive, like greater awareness of disabilities in the workplace, celebrating “National Disability Employment Awareness Month,” in October and the progression toward a more inclusive society. There’s also a greater awareness of less-obvious challenges like the financial costs and long-term planning for the needs of loved ones through the ABLE Act.

A fairly recent movement for Halloween has to do with providing non-food treats for those who can’t eat the traditional candy given out. The Teal Pumpkin Project helps those with whose families deal with food allergies, those who have Type 1 Diabetes, and those who have a gastronomy tube (G-tube). By providing non-food treats, these children can be encouraged to enjoy the holiday, too.

Although your contribution toward kindness to trick-or-treaters might seem small to you, for a family who is affected by any of the challenges listed above, it can truly be the bright spot in celebrating Halloween this year by taking their little ones (or not-so-little ones) trick-or-treating.

Have a safe and fun holiday, and Happy Halloween!

Workers’ Compensation Basics: Emotional, Psychological Injuries in Nebraska

Posted on September 17, 2015 by Brianne Rohner Erickson

This blog post is the next in a series that examines the basics of workers’ compensation. It gives information on the compensability of emotional or psychological injuries in Nebraska.

The Nebraska Supreme Court recently released a new opinion in Hynes v. Good Samaritan Hosp., 291 Neb. 757 (Sept. 4, 2015) concerning the causation standard for emotional or psychological injuries in workers’ compensation injuries. This is a favorable decision for injured workers in Nebraska, and very necessary progress in the recognition and legitimization of these types of injuries. It is also progress in the struggle against the stigma associated with mental-health issues in general.

The plaintiff in the Hynes case was attacked by patients on three separate occasions while working as a nurse. She suffered some physical injuries, but ultimately required extensive treatment for major depressive disorder and PTSD and was unable to work due to her mental injuries. This decision clarified that where there is sufficient evidence to find that a psychological injury is directly related to the accident and the employee is unable to work, the employee is entitled to compensation. Before this decision, plaintiffs were generally met with the burden of showing their mental injury was directly linked to ongoing pain from a physical injury.

Nebraska law does still require a work-related accident and physical injury for most injured workers (there is an exception for mental injuries unaccompanied by physical injuries for an employee who is a first responder). An injured worker must suffer some “violence to the physical structure of the body,” rather than an injury caused by a mental stimulus only. Additionally, even where an injured worker has suffered a physical injury, mental injuries entirely attributable to other factors – such as the stress of litigating a workers’ compensation claim, where there is no physical injury related to the mental injury – are considered an intervening event and therefore not compensable. Where a mental injury is attributed to both a physical injury and the psychological stress of issues such as immobility and inability to work, the claim may be compensable.

Just like most physical injuries, proving a mental injury is related to a work-related accident requires that an injured worker seek treatment and obtain an expert opinion from a doctor. The doctor must find that the injured worker sustained physical and psychological injuries as a proximate result of a work-related accident.

Working toward recovery from a mental injury can take as long as or longer than recovering from a physical injury, and the effects can result in vast negative repercussions for an injured worker and their family. Receiving medical and psychological care and other compensation while in the recovery process can make all the difference in the world to the ultimate outcome for an injured worker dealing with a mental injury. Determining whether you have a compensable claim, and obtaining this care and compensation can be complicated, so consult an experienced workers’ compensation attorney for help.

Please read the previous blog posts in the workers’ compensation basics series by clicking on these links:

Workers’ Compensation Basics: Understanding Medical Care and Treatment

Posted on July 9, 2015 by Brody Ockander

This blog post is the next in the series that examines the basics of workers’ compensation.

The first, and perhaps most important, workers’ compensation benefit is the medical benefit. This is a workers’ compensation benefit that includes payment of all treatment for a work injury. The treatment can be as small as stitches from a cut finger all the way to complex spine surgery. Regardless, the treatment and medical care should be covered 100 percent by the employer or workers’ compensation insurance company. There is neither co-payment nor deductible due for the treatment for the work injury. This medical coverage for work injuries can potentially last for life, depending on the injury and circumstances.

Not only is all treatment, like surgery, covered for work injuries, but so are other methods of rehabilitation: like physical therapy and medication. In other words, there should not be any co-payments for physical therapy, prescription medication, or other medical devices. Further, the mileage traveling to and from the treatment (or even to the pharmacy) should be reimbursed. This year that rate is 57.5 cents per mile.

These tips below are important to ensure that all of your medical bills and prescriptions for your work injury continue to be properly paid in full.

When you go to your doctor for treatment, make sure to inform your medical provider that you are seeing them for a work-related injury or illness, and ask them to send the bills to your employer. Also, make sure to thoroughly explain to your medical provider how you were injured or how you became ill. Give details about how the accident or work activities injured you or made you sick. Finally, inform the medical provider everything about your injury or illness: where you hurt, how the pain feels, your ability to function at home and work, etc. If your doctor wants you to avoid certain activities in order to promote healing, be sure to get a written copy of those restrictions from your doctor.

Look for information about choosing a physician (physician choice) to treat a work injury in an upcoming blog post in the workers’ compensation basics series.

Read the previous blog posts in the series by clicking on these links:

Workers’ Compensation Covers Truckers’ Injuries from Falling Asleep at Wheel

Posted on April 2, 2015 by Rod Rehm

Sleep disorders are a significant health problem for truck drivers. Trucker injuries resulting from falling asleep at the wheel can be compensated by workers’ compensation, as shown in this recent article from the LexisNexis Legal Newsroom.

Former FMSCA administrator Anne Ferro put it this way in remarks she made at the 2010 Sleep Apnea and Trucking Conference in Baltimore.

“I count fatigue among those high risk behaviors and sleep apnea is a condition that contributes to fatigue. This is a highly sensitive subject which is why this meeting is so important. The challenge here is to focus on sleep apnea as a serious medical condition and identify affordable screening and treatments that work in the truck driving environment.

“In many cases, truck drivers experience poor health because of the challenges associated with their job and lifestyle.

“According the Centers for Disease Control and Prevention, the average life expectancy for a driver is less than 61 years – is 16 years younger than the average American. That is simply not acceptable.

“From our own estimates, almost three out of 10 truck drivers currently suffer from mild to severe sleep apnea. And we know from our research that drivers with severe sleep apnea are known to be at a much, much greater risk of being involved in a severe crash.

“Fatigue is estimated to be an associated factor in 13 percent of all truck crashes annually and 28 percent of single vehicle truck crashes, based on the Large Truck Crash Causation Study.”

As has been written on the firm’s blog before, “sleep is essential for health and well-being. And not getting enough sleep is a compensable condition.”

In a guest blog post a few years ago, respected lawyer Jon Gelman of New Jersey shared information from the National Sleep Foundation and CDC. In addition to falling asleep when a person was planning to stay awake, people who don’t sleep enough are at “increased risk of motor vehicle accidents; increase in body mass index – a greater likelihood of obesity due to an increased appetite caused by sleep deprivation; increased risk of diabetes and heart problems; increased risk for psychiatric conditions including depression and substance abuse; and decreased ability to pay attention, react to signals or remember new information.”

Please contact an experienced workers’ compensation lawyer with questions about specifics in yours or a loved one’s case. In addition, please work to get both the quantity and quality of sleep that is needed to be safe and healthy.

NPR: Brain Affects Pain

Posted on February 26, 2015 by Rod Rehm

Pain and chronic pain is a topic that many of our clients experience as a reality every day. This fairly recent National Public Radio report gives more details about what some of the research shows in reference to the brain and pain.

Although the headline in the original article is a flop, as people are often wrongly told “it’s all in your head,” the brain is a really important part of how the body feels, understands, and reacts to pain.

There are some potential lessons to be applied to injured workers, clients with personal-injury cases, and others who are associated with our law firm. However, as is the case with all research, be sure to speak with both your lawyer and medical professionals who know about your situation before making changes to a treatment plan.

“Our perception of pain is shaped by brain circuits that are constantly filtering the information coming from our sensory nerves, says David Linden, a professor of neuroscience at Johns Hopkins University and author of the new book ‘Touch: The Science of Hand, Heart, and Mind,’” according to the NPR article.

But sometimes those filters work differently than expected, such as when Complex Regional Pain Syndrome affects a client, an issue written about on this blog by firm partner Todd Bennett.

“The brain also determines the emotion we attach to each painful experience, Linden says. That’s possible, he explains, because the brain uses two different systems to process pain information coming from our nerve endings.

“One system determines the pain’s location, intensity and characteristics: stabbing, aching, burning, etc.

“‘And then,’ Linden says, ‘there is a completely separate system for the emotional aspect of pain — the part that makes us go, “Ow! This is terrible.” ’

“Linden says positive emotions — like feeling calm and safe and connected to others — can minimize pain. But negative emotions tend to have the opposite effect,” according to the NPR article.

A study that associate Jon Rehm recently referenced showed how the context of being appreciated at work made a difference to certified nursing assistants who were injured at work.

“… Higher-paid CNAs were injured less frequently than lower-paid CNAs. The study indicated that organizational factors really drove injury rates among CNAs. In other words, in settings where CNAs are truly valued, paid fairly and trained, the injury rates are lower. But if CNAs are treated as low-wage, high-turnover cogs in a machine, then injury rates are higher,” according to his blog post.

Finally, according to the NPR article, there is some evidence that because of how the brain interacts within different parts of itself, “that at least some people can teach their brains how to filter out things like chronic pain, perhaps through meditation,” said Stephanie Jones, an assistant professor of neuroscience at Brown University.

If you have questions about how this information can apply to your situation, please contact an experienced lawyer.

Suicides in the U.S. Military: An Epidemic; What about Workers’ Compensation?

Posted on July 15, 2013 by Rod Rehm

Today’s post comes from guest author Leila A. Early from The Jernigan Law Firm in North Carolina. Suicide is a very complicated topic. And Ms. Early wrote a piece that should provoke passion, thought, discussion and action. In Nebraska, mental health issues that arise out of workers’ compensation injuries are covered through the workers’ compensation process. But other states’ laws vary, so be sure to speak with an attorney about your specific situation.

In 2012, suicides in the U.S. military were at a record high of 349, which was higher than the 295 American combat deaths in Afghanistan in 2012. This number is up from 301 in 2011. The Pentagon has had a difficult time dealing with this epidemic, which likely stems from military personnel being in combat for more than a decade in Afghanistan and Iraq, complicated by anxiety over being forced out of the military due to a “shrinking force.”

In 2011, 65% of soldiers who attempted suicide had a history of behavioral problems; however, only 45% of those who actually killed themselves had such a history. If there are signs that these service members were asking for help, they were not getting the help that they needed.

What’s interesting is that the U.S. military keeps statistics on suicides, and when the numbers go up to alarming rates the hope is that something will be done to investigate. For years, workers’ compensation lawyers have heard about suicides from employees who did not get proper medical care, who could not handle the abuse that sometimes happens within the system, and who could no longer stand the pain of permanent injuries, disability and resulting depression. But where are the statistics on these deaths? The insurance industry either has this information or it could get it. As a matter of public policy, should they be required to report it?

Workers' Compensation Watch

Published by Rehm, Bennett, Moore & Rehm

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Category Archives: mental health

Brain Injury Association of Nebraska Advocates, Educates through Upcoming Conference

Halloween as an Opportunity for Tolerance, Practice for Life

Workers’ Compensation Basics: Emotional, Psychological Injuries in Nebraska

Workers’ Compensation Basics: Understanding Medical Care and Treatment

Workers’ Compensation Covers Truckers’ Injuries from Falling Asleep at Wheel

NPR: Brain Affects Pain

Suicides in the U.S. Military: An Epidemic; What about Workers’ Compensation?

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