Fort Wayne Injury and Disability Attorney Nathaniel Hubley

Under the Indiana Worker's Compensation Act, injured workers are normally entitled to three (3) different types of benefits, including: (1) medical treatment at no cost to the injured worker; (2) wage replacement benefits, commonly known as Temporary Total Disability ("TTD") benefits; and (3) compensation for any permanency of the work-related injury that is calculated by looking at the Permanent Partial Impairment ("PPI") rating assigned by the treating doctor. However, in some cases, when the injured worker's impairment is so severe that it might adverely affect his or her ability to engage in competitive employment, the injured worker may have a claim for Permanent Total Disability ("PTD") benefits. PTD claims arise when the injured worker is unable to perform reasonable forms of work activity, such as a sit down job. In determining whether there is a viable PTD claim, the following considerations are taken into account: the injured worker...

During a Social Security disability hearing, vocational experts routinely assist the Social Security Administrative Law Judge in determining whether there is work available in the national economy which a particular disability claimant can perform. The disability attorney will also use the vocational expert in an attempt to show that the disability claimant's severe restrictions prohibit his or her ability to engage in competitive employment. The federal district courts have noted that vocational experts are persons who have, through training and experience in vocational counseling or placement, an up-to-date knowledge of job requirements, occupational characteristics and working conditions, and a familiarity with the personal attributes and skills necessary to function in various jobs. In providing their testimony, vocational experts rely in part upon the Dictionary of Occupational Tables which is a reference published by the  U.S. Department of  Labor tha...

When filing for Social Security Disability benefits, it is important to know what you are dealing with and how the disability process works. Specifically, there are four stages in the disability process. The first stage involves filing an application for Social Security Disability benefits, completing the initial interview at the Field Office, undergoing the medical evaluation, and receiving a decision from Social Security regarding your application. If Social Security denies the application, then you will receive a letter indicating as such and informing you of your rights to appeal the denial decision. When you appeal the denial, the Field Office will review the medical evidence and evidence in the record and either confirm or reverse its decision. If Social Security confirms the decision, it will send a letter to that affect and inform you of your rights to appeal to the Hearing Office for a hearing in front of an Administrative Law Judge. The first two stages are conducted by ...

Under the Indiana Worker's Compensation Act , injured workers are normally entitled to three (3) different types of benefits, including: (1) medical treatment at no cost to the injured worker; (2) wage replacement benefits, commonly known as Temporary Total Disability ("TTD") benefits; and (3) compensation for any permanency of the work-related injury that is calculated by looking at the Permanent Partial Impairment ("PPI") rating assigned by the treating doctor. However, in some cases, when the injured worker's impairment is so severe that it might adverely affect his or her ability to engage in competitive employment, the injured worker may have a claim for Permanent Total Disability ("PTD") benefits. PTD claims arise when the injured worker is unable to perform reasonable forms of work activity, such as a sit down job. In determining whether there is a viable PTD claim, the following considerations are taken into account: the injured worker...

Evidence in civil litigation is governed by the Rules of Evidence (either federal or state). Rule 702 of the Federal Rules of Evidence applies to expert witness testimony. A Vocational Expert ("VE") generally refers to an expert witness who testifies at Social Security disability hearings. The VE's testimony is used by the Administrative Law Judge ("ALJ") to determine whether a claimant is disabled. Specifically, the VE addresses whether based upon the limitations assigned by the ALJ, whether the claimant can perform their past relevant work, and, if not, whether the claimant can engage in competitive employment. In doing so, a standard is needed to define the specific requirements that the VE's testimony and the VE's methodology must satisfy in order to maintain the integrity of the VE's testimony. The most well known example of a standard that places a check on the testimony of an expert is Rule 702 of the Federal Rules of Civil Procedure (or the e...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Booher v. Sheeram, LLC 937 N.E.2d 39 (Ind. Ct. App. 2010) Facts:  Before April of 2004, Hampton Inn had received complaints that the bathtubs in its guest rooms were slippery.  It thus contracted with Perma Safety to coat the bathtubs with a non-skid surface which complied with industry safety standards.  Booher was a guest at Hampton Inn subsequent to the coating of the bathtubs, but she still slipped and fell in a bathtub in her guest room and sustained injuries.  Booher filed suit against Hampton Inn, claiming that it was negligent in the maintenance of the bathtub.  Hampton then filed a motion for summary judgment and the trial court than granted Hampton Inn’s motion for summary judgment.    Issue:   Did the trial court err in granting summary judgment to Hampton Inn on the issue of duty to its business invitees? Holdi...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana The SSA, with the authority granted to it by the Social Security Act, provides cash and insurance benefits to individuals through two disability programs, both of which use the same disability determination process, but both of which also have different, yet complementary, goals. The first program is the Social Security DIB program, which is part of the comprehensive social security insurance program, and the second program is the Supplemental Security Income ("SSI") program, which is a means-based program designed specifically to guarantee a minimal level of income to only the poorest of the aged, blind, and disabled. Because SSI benefits are means-based and consist of only nine-percent of the benefits paid by the SSA, this article focuses on DIB.  To be eligible for DIB, the SSA requires that an applicant be unable to engage in "substantial gainful activity by reas...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. Because the VE testifies at the disability hearing and that testimony is used by the ALJ to determine whether a claimant is disabled, a standard is needed to define the specific requirements that the VE's testimony and the VE's methodology must satisfy in order to maintain the integrity of the VE's testimony.  The most well-known example of a standard that places a check on the testimony of an expert is Rule 702, but before the adoption of Rule 702, American courts relied on the Frye standard. 1.      1. Pre-Daubert: Frye v. United States Before implementation of Rule 702, the Frye general acceptance standard was the established standard for determining the admissibility of expert testimony. This standard required testimony from experts in relatively novel scientific fields to be closely scrut...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney . At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relies on VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from the VE who forms his or her opinion after reviewing the disability claimant's records and data in the DOT. This testimony is crucial because neither the ALJ nor the claimant possess the ability to analyze the exertion or skill required by particular employment positions, because the categories in the DOT are organized in an exceedingly technical fashion.  Thus, VE testimony serves as the foundational building block of the SSA disability determination process, because, without it, a complete, accurate, and reasonable decision would not be possible. 2. The Dictionary of Occupational Titles. The...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Times are tough. Clients have gotten laid off or have had their rate of pay reduced. Leading clients to ask whether their employers can reduce an employee's rate of pay. Generally, yes. An employer can reduce an employee's rate of pay unless the employee is covered by a collective bargaining agreement or other form of pay guarantee. The other limitation preventing an employer from reducing an employee's rate of pay is the applicable federal or state minimum wage. When an employer opts to reduce an employer's rate of pay, the employer must notify the affected employee prior to his/her working at the reduced rate. The employee has the right to accept the lower wage rate or quit. If the employee has already performed work without first being notified of the reduction, the employee shoud file a claim for wages for the difference in wages for work performed prior to the notification. This can be ...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Often times employees are unsure if they are entitled to the vacation time they have accrued during the course of their employment upon separation from employment. The law recognizes that accrued vacation pay is considered a form of compensation. Thus, an employee may be entitled to a pro rata share of his/her accrued vacation at the time of termination. Of course, if there is a company policy or employment contract stipulating that certain conditions must be met before accrued vacation pay will be paid, these conditions must be met in order to receive accrued vacation pay. Vacation policies are generally left to the discretion of the employer.  For additional information, the  Indiana Department of Labor's Wage and Hour Division 's website is a useful resource and is responsible for handling the complaint process. Attorney Nathaniel Hubley practices law in Fort Wayne, Indiana.   ...