Richard Rizk

Work Related Auto Accident Tips ...

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Question: I was injured in a car accident in Oregon while on the job. Is this a workers’ compensation matter or a car accident claim?

Answer: Both, but it’s complicated

Explanation: When you are driving in while working are injured as a result of a third party, you have a potential workers’ compensation claim as well as a potential claim against the bad driver. ORS 656.154; ORS 656.578.

As with all injury accidents, seek medical assistance as soon as possible. Tell your doctor you were working at the time of the car accident. Then, complete the top portion of an Oregon Workers’ Compensation 801 form. Keep a copy and ask your employer to complete and file the bottom portion of the form. Follow up with your employer to make sure the form has been filed with the workers compensation insurer.

Within a few days, your Workers’ Compensation carrier will probably send you a letter you won’t understand. The letter to expect will ask you to decide whether you want to pursue the auto accident claim. ORS 656.583(1). Should you fail to respond to this letter within 60 days, the claim is automatically assigned to the workers' compensation insurer paying your medical bills. ORS 656.583(2). Should you elect to pursue the claim, but not initiate it within 90 days of that election, the claim would be assigned to the paying workers' compensation insurer. ORS 656.583(2).

Lesson: Do nothing, you may get nothing. Don’t give your workers' compensation carrier your auto accident pain and suffering claim. Work related auto accidents are really 2 claims in one and are often complicated.

Richard Rizk is a former insurance company workers compensation attorney who now represents persons injured in an accident due to the negligence of others. If you have been in a work- related auto accident, call Richard Rizk at (503) 245-5677 or email him at rich@rizklaw.com.

Winter Driving Safety ...

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I. Preparation, Preparation, Preparation

Some best ways to prevent an injury accident collision occur long before the key slips into the ignition. For example,

1. Know the road. It is always best to avoid driving in bad weather conditions, especially if you don’t know the road. If you must drive anyway, before hitting the road check out web sites that monitor road conditions in the area where you plan to drive. Review a map of your route. Note bridge overpasses and other places where water may pool or condense such as low laying areas, rivers, marshes, streams and drainages.

2. I can see clearly now. Replace wiper blades. Clean car windows thoroughly, inside and out. Consider applying a water-repellent product to the outside of windows and mirrors. Drain older washer fluid. Re-fill washer system with anti-icing fluid.

3. Tread on me. Look for a tire with at least 6/32-inch deep tread. (New passenger-car tires usually have 10/32-inch of tread.) Avoid high performance summer tires. Such tires are prone to slipping in snow and ice. Some "all-season" tires have decent snow traction. Others do not. Look for a "snowflake on mountain" symbol on the sidewall.

4. Light check. Check &Clear headlights and taillights of all debris including snow and ice.

5. Foggy? Cool it. Remove interior windshield condensation by cranking up the air-conditioner with fresh air. Hot or cool air will work.

II. Stop it!!

6. ABS is a Snap. If your car is equipped with an antilock brake system (ABS) review your car’s manual regarding its use, before driving. If you slide when driving, stomp the brake as if to snap it. Keep brake pressure until ABS begins pulsing, then ease up. Steer easy around any obstacle.

7. Non- ABS: Brake until Wheels Roll

For non-ABS equipped vehicles on a mixed-surface road, press the brake hard until the wheels stop rolling, then slowly ease braking to allow wheels to turn again. Repeat sequence rapidly so that maximum grip occurs.

8. Invisible "Black ice" Black is very dangerous because it is extremely slippery and nearly invisible. Black ice usually has a slight sheen but can also have a matte finish. Avoid driving on a black ice surface.

9. Bum steer. Should your tires lose grip, don’t continue turning the steering wheel against the skid. Instead, slightly correct until tires regain traction.

AWD helps move, not stop. Remember, antilock brake system (ABS) All- Wheel Drive feature helps a vehicle move ahead. AWD does not help with braking.

If an injury car accident has already happened on an Oregon roadway, Richard Rizk can help. Contact him at (503) 245-5677.

Protecting Consumers of Legal Services in Oregon ...

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Did you know that Oregon is the only state to REQUIRE attorneys to have malpractice insurance? Friday I helped persuade the Oregon State Bar House of Delegates to amend the Oregon Bar Professional Rules of Conduct to require non- Oregon attorneys who perform arbitrations in Oregon to reveal whether or not they also carry malpractice insurance. This is an important step to help protect Oregon consumers-- especially since traditional trial is vanishing in favor of arbitration. The change was passed contrary to OSB task force reccomendations .

Oregon Insurance Laws need Teeth! ...

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Oregon consumers have been victimized by insurers for too long. Why? Oregon's Insurance regulations and laws have no teeth. Oregon needs a law that will punish insurers who delay, ignore or wrongfully deny claims made by their own customers.

Insurance is about trust. You paid premiums TRUSTING that when a viable claim occurs, the insurer will pay promptly according to contract. So, for insurance to work, insurers must process claims in GOOD FAITH. Good faith requires the insurer place the interests of its insured ahead of its own financial interests.

THE RUB: Insurers (especially publically traded insurers) are under significant financial pressure to deny claims. And, at the time of a loss, the policyholder is necessarily in a vulnerable position.

Insurers must have a financial incentive to act in GOOD FAITH because the tremendous temptations and rewards for acting in BAD FAITH. While Oregon does have unfair claims processing laws, Oregon law currently do not provide insurers with a financial incentive to act in GOOD FAITH.

Thus, Oregon needs to enact laws that financially PUNISH insurers who act in BAD FAITH (placing the insurer’s financial interests ahead of the insured’s interests). Punitive damages must be available to insureds who are victimized a second time by insurers who act in BAD FAITH. Without a threat of punitive (punishment) damages insurers have little financial incentive to act in GOOD FAITH.

As a further measure to dissuade insurers who skirt Oregon's unfair claims practices act, ANY VIOLATION the act or an insurance regulation should be BAD FAITH at a matter of law, subjecting an insurer to possible punitive damages.

Natural disasters like Katrina demonstrate that insurers are motivated by money. Without these changes, folks in Oregon will continue to be victimized by powerful insurers at exactly the time help in needed...when a loss occurs.

If you are frustrated by insurers who have taken advantage of Oregon's lax insurance regulatory scheme Demand that Oregon enact a BAD FAITH law that punishes insurers for unfair claims acts. Since this is an election year, we might just enact positive change for the Oregon insurance consumer.

Richard Rizk represents persons and businesses with claims against insurers.

Richard Rizk

1332 SW Custer Drive

Portland, OR 97219

(503) 245-5677

Rizk Elected to House of Delegates, Oregon State Bar ...

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Richard Rizk has been elected to a three year term to the Oregon State Bar, House of Delegates. In this leadership position, Richard will represent the Portland region. His term will begin April 19, 2011. Matters historically presented to the House of Delegates have included 1) disciplinary rule changes; 2) bar positions on major legislative and policy issues; and 3) member resolutions on a variety of topics. If you are an attorney working in Portland and have a bar related issue, write Richard Rizk at rich@rizklaw.com.

New Website: http://www.mydisabilityappeal.com/...

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I proudly unveil my new website, mydisabilityappeal.com. If you or someone you know has been denied long term disability benefits, mydisabilityappeal.com is a great resource for help and information.

http://www.mydisabilityappeal.com/

Met A Civil Rights Leader today...

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Moments ago I met William T. Coleman. Mr. Coleman spoke at Lewis and Clark Law School to mark MLK day (or the day after) . For those who do not know, Mr. Colemen, who is well over 90, was the first African-American to serve as a law clerk at the U.S. Supreme Court (as a clerk for Justice Felix Frankfurter). He graduated first in his class from Harvard Law School. He is most well know for his work as a co-author of a key brief in the landmark Supreme Court case, Brown v. Board of Education. Mr. Coleman also served as counsel to the Warren Commission which investigated the death of President Kennedy. He also served as Secretary of Transportation under President Gerald Ford. When we spoke I warned him that a comment he made regarding gays serving in the military might be taken the wrong way. In any event, while is is now frail and moves around with the help of a wheelchair, he is still very sharp witted and funny. See what the papers say about it in the morning.

Richard Rizk featured in Oregon State Bar Magazine...

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Click here:

http://www.osbar.org/publications/bulletin/11jan/profiles.html

What is a Physical Capacity Evaluation (PCE)? ...

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A Physical Capacity Evaluation “PCE” (also known as a Functional Capacity Evaluation “FCE”, a Functional Capacity Assessment “FCA” or Work Capacity Evaluation “WCE”) consists of a battery of tests designed to determine ability to perform physical work. These tests measure range of motion, strength, stamina, and ability to lift/carry.

The tests are administered by a trained evaluator whose goal is to determine objectively as possible, functional ability / impairment against what should be measurable standard. While the tests aim is objectivity, test results can be colored by the evaluator’s methods, focus and bias. Like magic, evaluators hired by long term disability insurers rarely support a finding of disability.

In the context of long term disability appeals, insurers such as The Standard, Aetna, Mutual of Omaha, Met Life, Cigna, The Hartford and others pay for any request such tests in hopes of generating evidence to quash an appeal of a long term disability denial or termination of benefits. On the other hand, these batteries of tests somtimes provide good evidence to support functional incapacity. Check your policy to determine what functiona capacity test applies. A unbiased PCE may be useful to substantiate conditions such as fibromyalgia which are often difficult to objectively verify with an MRI, CT scan or X-ray. The two most common long term disabilty compensabilty tests are: 1.Inability to perform one’s own occupation or 2. Inabilty to perform any occupation.

If you long term disability carrier has requested that you attend a PCE, know that it is attempting to generate evidence to support a disability declination or termination. If the situation described above sounds familiar, call attorney Richard Rizk at (503) 245-5677 or email him at rich@rizklaw.com. Better yet, complete the online application form on this website. Mr. Rizk knows how to generate the medical evidence you need to support your claim for long term disability benefits.

Fibromyalgia Commonly Denied by LTD Insurers ...

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Something is physically wrong, but you aren’t sure what. You see doctor after doctor. Finally, a rheumatologist diagnoses fibromyalgia. The rheumatologist confirms that fibromyalgia interferes with your ability to work.

So, you file a disability claim with your long term disability carrier who requests all your medical records. Finally, after jumping through hoop after hoop, the Long Term Disability denies your claim perhaps claiming that no objective test verifies fibromyalgia. Problem is few if any tests exist that can objectively verify fibromyalgia.

If the dilemma described above sounds familiar, call attorney Richard Rizk at (503) 245-5677 or email him at rich@rizklaw.com. Mr. Rizk has successful resolved many long term disability- fibromyalgia claims. He has even resolved disability claims on behalf of former long term disability analysts.