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1269 N. Highland Ave
Jackson, TN 38301
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From Ricky's Desk

We are only five months into 2004 and this year has already proven to be a busy one for the Hill Boren law firm.

We have spent much of the last few months battling big business and insurance companies who want to take away your workers compensation benefits. If you live in Tennessee you recently received a card from us asking you to call your state legislator. We hope you called to let them know you do not want cuts in the workers comp system. We must work together to protect the rights of working people in Tennessee.

We have also been busy at the office by expanding our staff and winning cases for our clients.

You will read inside this newsletter that we have added two new attorneys – Steven Ohrvall and Victoria Pike. In the last issue of this newsletter we introduced John Ketcherside who joined the firm last winter in our Jackson office. These new attorneys are part of our on-going efforts to serve our clients and protect your rights.

Steve Ohrvall will join Randall Phillips and Robert Hill on the Medical Malpractice team. Victoria Pike will be working in the Jackson office handling workers compensation and other personal injury cases. John Ketcherside is working in our disability law section and will help you process your claims with the Social Security Administration.

Also in this newsletter, you will find an expanded list of recent settlements and trial awards. These cases are just an example of the work that we do and how busy we have been working for our clients. Our attorneys work hard and we take our job seriously to make sure our clients truly get the help they deserve.

In the months and years ahead we look forward to serving you, your family, your co-workers and your friends. We will continue to fight for the rights of injured people.

Attention Welders: Fumes May Pose A Deadly Threat

Welding is a dangerous job. There are obvious risks of being burned and blinded, but an even more deadly danger lurks in the air – toxic fumes.

In many instances, the welding rod is the cause. Cadmium rods can produce cancerous fumes. Just as dangerous is welding into old metal that contains paint or oil-solvents which can also emit dangerous gases that have the potential to cause great damage to the respiratory system.

However, the greatest threat comes from manganese found in stainless and carbon steels and in welding rods. When levels in the body exceed normal limits, manganese is toxic to the brain and central nervous system. The toxicity of manganese causes a progressive condition, referred to as Manganism, a form of Parkinson’s Disease.

In October 2003, an Illinois jury awarded $1 million to a 65-year-old man who claimed he developed Parkinson's disease from years of using welding rods. The jury ruled that welding rod manufacturers were responsible for the injuries because they failed to warn him about potential health problems associated with the dangerous tools.

If you have suffered serious side effects from inhalation of toxic fumes while welding, contact Hill Boren immediately. We will work to protect your legal rights and to determine if you have a case.

Ensuring Safety For Working Teens

Summer is near and your teenager may want a summer job. Before sending him out into the workplace, you and your teenager should review the job options carefully.

The U.S. Secretary of Labor indicates that over seventy teenagers are killed and more than 200,000 are injured every year from hazards in the workplace.

According to the National Institute for Occupational Safety and Health, jobs that cause the most adolescent deaths and severe injury are:

  • Working around motor vehicles
  • Operating tractors and heavy equipment
  • Working near electrical hazards
  • Working at jobs with high risk for homicide
  • Working at high heights
  • Cooking and working around cooking appliances
  • Hazardous manual lifting

There are some steps you and your teenager can take to ensure a safe work experience. First, check with the employer to make sure that the worksite will be safe. Ask what type of training is offered. Also make sure that the work is in compliance with state and federal labor laws.

Most importantly, educate your teen about safe work practices and his rights in the workplace. Your teen should be able to recognize the potential for injury at work and shouldn’t be afraid to ask questions of the supervisor or employer.

The Occupational Safety and Health Administration (OSHA) entitles your child to a safe work place and the right to refuse unsafe work tasks and conditions. Your child is also entitled to workers’ compensation benefits for any work-related injury or illness.

A hard day’s work can be good for teens as long as the work is completed in a safe manner and in a suitable environment.

Hill Boren Expands Medical Malpractice With Addition Of Steven Ohrvall

Steven Ohrvall joined Hill Boren to specialize in medical malpractice and nursing home malpractice cases.

Steven graduated from Texas Tech University in Lubbock, TX, with a degree in Business Administration. He received his law degree from the Texas Tech University School of Law in 1989, where he served as the Associate Editor of the Texas Law Review.

Prior to moving to Tennessee, Steven practiced law in Texas for 15 years. He served as lead trial counsel and was responsible for handling of all stages of litigation, development and management of complex multi-party medical negligence cases. One of the recent medical malpractice cases Steven handled as lead counsel resulted in a settlement of over $3,000,000 for his client. Steven also was co-counsel in the first successful cases against an assisted living facility in Texas with a jury award of $999,999.

Born in Houston, Texas, Steven spent 16 years in the Special Forces, both active and reserve. During his active duty, he performed emergency medical care for unit personnel, established and operated field medical hospitals and taught and advised civilian personnel in Greece and Korea as Senior Medical Advisor. He served as a police officer for the city of Lubbock, Texas and was named Distinguished Honor Graduate upon graduation from the Police Academy in 1985.

Steven, his wife Jeneé, and their four children attend Independent Presbyterian Church in Memphis, Tennessee. He enjoys running, Krav Maga, camping and spending time with his family.

Ann Burns Named Tennessee Paralegal Association Outstanding Member Of The Year

Ann S. Burns with the Hill Boren Law Firm in Jackson was chosen as the Tennessee Paralegal Association’s (TPA) 2003 Outstanding Member. The award recognizes professionalism and service and is the top award presented by TPA.

A paralegal since 1982, Ann has been with Hill Boren since 1995. For the past 15 years, Ann has been active in the TPA, holding every office within that organization except secretary. She is the 2003-2004 TPA President.

Ann is also active in Tennessee Democratic politics and was elected as the female representative to the Executive Committee of Tennessee’s 27th Senatorial District. Currently, Ann is completing a four-year term in that position. She and her husband Charlie have two children and two grandchildren.

At Hill Boren, Ann works primarily in the area of social security disability. She has assisted hundreds of clients in obtaining disability benefits.

Common Legal Terms

Many people find legal terms puzzling. Here are some easy-to-understand definitions of some frequently used terms:

Medical Malpractice: Poorly or negligently providing medical treatment that harms or injures the health or welfare of another by failing to meet standards of care commonly accepted among medical professionals.

Plaintiff: The person or persons who bring a legal action.

Defendant: The person which the legal action is made against.

Workers’ Compensation: Insurance, paid for by employers, that provides cash benefits and medical care if an employee becomes disabled because of an injury or sickness related to the employee’s job.

Class-Action Lawsuit: A legal action wherein a group of plaintiffs are named and along with their lawyers pursue a case for themselves against one or more defendants.

Staff Receives Training On New SSA Procedures

Hill Boren is always looking for ways to serve their clients more effectively and efficiently.

Therefore, members of Hill Boren's Disability Law Department were some of the first in this area to receive training in cooperation with the Social Security Administration (SSA) and the implementation of their new on-line filing and appeals system.
 
The department is also working with the SSA and other state and federal agencies to begin managing and transmitting records and files electronically. In the near future, medical and other records will be sent on-line or in CD format, greatly reducing the use of paper files and improving the speed and accuracy with which disability claims are processed.

Recent Settlements

Ricky Boren represented a director of nursing at a nursing home who sustained a non-surgical ruptured disc. She was unable to have surgery due to prior medical problems. The Trial Judge found her to be totally disabled and awarded her benefits to age 65.

Ricky Boren represented a lady who sustained a badly broken ankle in an automobile accident which resulted in multiple infections. Her medical expenses were in excess of $200, 000. Her case was settled just before trial for $850,000.

A 57 year old factory worker gradually developed problems in her shoulder. The client reported the injury to her employer. The claim was denied by the insurance company. The injury ultimately required surgery on both shoulders. Jeff Boyd settled the case for $76,480 at mediation.
 
A client represented by Jeff Boyd sustained injury to the shoulder and neck while at work. The injury required surgery on her neck and shoulder. She was unable to return to work. The case settled for $69,876.
 
A registered nurse sustained injury to her neck while lifting a patient. She was treated without surgery and returned to work making the same wages as prior to her injury. The case was settled for $35,940. Jeff Boyd represented the client.
 
A client bought a brand new muzzleloader from Wal Mart. When sighting the rifle for the first time, the barrel split when fired, causing loss of the fatty pad on the ring finger of the left hand. The plaintiff fully recovered and has minimal loss of use of the finger and has returned to work without restriction.
Jeff Boyd was able to settle the case for $25,000.
 
Jeff Boyd recently represented a client who injured her arm and shoulder at work. She went to the doctor and was advised that she had merely pulled a muscle. She continued to have pain and discovered she had a herniated disc in her neck. She underwent surgery and was unable to return to work for the same employer. The case was settled for $69,876.

John Hamilton represented a client who lost her job because the restrictions placed on her by her doctor prohibited her from doing her job. Hill Boren began representing her in 1997 for a non-surgical bulging disc. The case went to trial in 1999 and the trial judge awarded $18,174.36 in benefits and future medical care. This award was upheld on appeal. Since she lost her job within 400 weeks of her original award, a petition to reopen her case was filed and another $12,000 was secured for the former client.

A 23 year old man represented by John Hamilton was rear-ended in a car wreck and suffered a herniated disc in his lower back. Medical records revealed that the young man had a history of back problems. Surgery was required to be performed. The treating physician testified in a deposition that the car wreck aggravated his pre-existing condition. The case settled at mediation before trial for $60,000. 

James Krenis was able to get the Workers' Compensation Appeals Panel to reverse a trial court that said his carpal tunnel client did not give proper notice. Following the appeal, the employer was required to pay compensation benefits to the client for her injury.
 
James Krenis represented a client who received over $100,000 for what started out to be carpal tunnel from repetitive work. She was initially denied. A Request for Assistance with the Department of Labor made the employer start paying for her medical treatment. A doctor found the problem had spread to her shoulder. Surgery revealed a problem that could not be repaired. The employer agreed to pay a lump sum of 400 weeks (100%) to the body because the client can no longer work with her arms.

James Krenis recently settled a workers’ compensation case for $35,000 on behalf of a woman for repetitive motion injuries to both wrists and her neck from doing manual labor at sewing company.

Greg Petrinjak represented a client who was injured when an aluminum boat fell and struck her on top of the head. The boat had been stored in an upright position without being strapped or tied down properly to ensure safety. The client suffered injuries to her head and back. The case was recently settled for $50,000.

Greg Petrinjak represented a client who injured his shoulder doing factory work. The employer initially refused to pay for the surgery that was needed. The client lost his job with the company, and had to seek employment elsewhere. The case was recently settled for $40,000.
 
Greg Petrinjak represented a client who fell at work, injuring her back and elbow. After having surgery on her back, she was able to return to her regular job, but continued to have pain and problems. She has difficulty with jobs that require heavy lifting or repetitive bending. Her case was settled for $35,383.50. 
 
In a workers' compensation case, a woman was working in construction when a pole slipped from the tongs of a digger and rolled over her. She sustained fractures of the right ribs and a fibula/tibia fracture of the leg. The company doctor found that she did not sustain any impairment. She was evaluated by plaintiff's counsel's doctor and was given impairment. At trial, the court found that the plaintiff had sustained an anatomical impairment of 15% to the body as a whole and awarded vocational disability of 40% to the body as a whole. The judgment totals $59,577.60, not including discretionary costs that the defendant will owe. The defendant is also responsible for lifetime medicals. Chris Taylor represented the client.

A little boy was playing outside his grandmother's apartment complex. While he was playing he was bitten by a snake. He was rushed to the hospital and two days later his right ring finger was partially amputated. The jury found that the apartment complex was on notice of snakes being on the premises and that the complex failed to warn or remedy the problem. The jury returned a verdict of $150,000. The client was represented by Chris Taylor.
 
Shannon Toon recently settled a case for $22,500. The client experienced pain and numbness in his right arm and hand associated with continuous typing on a computer and sitting at a low chair. He was treated and diagnosed with an injury to his neck radiating into his right arm.