Bill Hochberg has been distinguished as one of the top Workers’ Compensation lawyers by Avvo.com, a well recognized website with the largest online directory of rated legal and health professionals.  He has earned a 10.0 rating, the highest rating possible!

Hot Coffee Trailer on YouTube

“Seinfeld mocked it. Letterman ranked it in his top ten list. And more than fifteen years later, its infamy continues. Everyone knows the McDonald’s coffee case. It has been routinely cited as an example of how citizens have taken advantage of America’s legal system, but is that a fair rendition of the facts? Hot Coffee reveals what really happened to Stella Liebeck, the Albuquerque woman who spilled coffee on herself and sued McDonald’s, while exploring how and why the case garnered so much media attention, who funded the effort and to what end. After seeing this documentary film, you will decide who really profited from spilling hot coffee.” – Official Site

Please visit the film’s website: http://www.hotcoffeethemovie.com/Default.asp

Like so many NFL players, Joe paid the ultimate price.  Forced to undergo dozens of medical procedures, he was left physically inactive and suffered the fate of too many NFL linemen, who’s life expectancy is a mere 52 years.  Joe’s legacy will live on, however, in the multitude of honors he received, including his selection to the PAC-10′s all-1980s team, the UA Hall of Fame and the UA All-Century team.

Team Hochberg joins Joe’s loving family and his fans in mourning the loss of our friend.

Unfortunately, Joe’s career as an NFL offensive center ended prematurely because of injuries he sustained playing football.  In 1991, Joe injured his low back while pass blocking at training camp, resulting in his being out most of the season. Wear and tear from years of professional sports caused the need for right shoulder surgery in 1992.  Though struggling with pain on a daily basis, Joe continued to play back-up center during the Seahawk’s 1993-1994 seasons. Then, in 1995, Joe suffered a second injury to his shoulder.  Ultimately, Joe’s significant shoulder and back restrictions prevented him from playing football.  Seattle dropped Joe’s contract in 1995.

His Case

Joe’s right shoulder required six operations, including a shoulder replacement surgery and in 1998 Joe’s low back problems stemming from his 1991 back injury necessitated lumbar fusion.  Though his medical treatment was paid under the industrial claims Joe filed for his back and shoulder injuries, his significant physical limitations and chronic, debilitating pain left him no options for returning to work.

Our Success 

The combined effects of Mr. Tofflemire’s industrial back and shoulder injuries rendered him totally and permanently disabled from work.  William D. Hochberg and his team assisted Joe in securing a lifetime pension from the Washington State Department of Labor and Industries. Team Hochberg also insured Joe’s medical treatment and prescriptions were paid and that his pension benefits were correctly calculated.

Mr. Hochberg has over 24 years of experience representing team players on industrial claims, including players from the Seattle Seahawks, the Seattle Mariners and the Seattle Storm. He has also served on the National Football League Players Association Workers Compensation Panel since 1999. Whether the issue is claim allowance, acceptance of a medical condition, lost wages, disability award or, as in Mr. Tofflemire’s case, obtaining a lifelong pension, the Team Hochberg has the legal skills to protect the rights of Washington’s professional athletes.

All of these increases are based on the National Average Weekly Wage (NAWW), which is now $647.60 (a 3.05% increase from last year).  The U.S. Department of Labor begins calculating the NAWW July 1st of each year and must disclose the number before October 1st.  According to Section 6, the maximum compensation rate under the Longshore Act is 200% of the NAWW and the minimum compensation rate is 50% of the NAWW.

While no worker is paid more than the maximum compensation rate, a worker is paid less than the minimum compensation rate if the worker’s average weekly wage is less than 50% of the NAWW.  In that case, the worker’s compensation rate is the same as their average weekly wage (normally, the compensation rate is 66 2/3% of the average weekly wage).

For a historical list of the NAWW and compensation rates, visit the NAWW Information page of the Division of Longshore & Harbor Workers’ Compensation.

The Department is without a basis for denying these asbestos claims.  Under Washington’s last injurious exposure rule, the last employer who exposed you to asbestos must pay the workers’ compensation claim.  The Department told the Washington State Legislature they would adhere to this rule even when there was early exposure in employment covered under the Longshore Act.  In fact, the Legislature changed Washington State’s workers’ compensation statute in 1988 to make sure workers covered under both Longshore and Washington’s statute were getting some benefits while it was determined what system should pay.  The Department’s actions are therefore taking us back to what it was like before these Legislative changes.

Additionally, the Department’s denial of these claims ignores the Washington State Legislature’s mandate that the Department “shall pursue the federal program on behalf of the worker…” if there is asbestos exposure that is covered under the Longshore Act.  The Department denies claims without even investigating whether there is a right Longshore Benefits.  The Department also assumes you have done something, unknowingly, so that you are not entitled to Longshore benefits and denies your claim based on the fact you do not know workers’ compensation law.

The Department’s action is also inappropriately transferring the costs of asbestos use from the companies who chose to put their workers at risk to people who did nothing wrong.  Medicare, Medicaid, Social Security and other social welfare programs are paying for your employer’s asbestos use – even though your employer is legally obligated to pay compensation and medical benefits related to its use of asbestos under Washington’s workers’ compensation statute.  Additionally, when you cannot pay the substantial bills related to asbestos-related lung cancer, mesothelioma or asbestosis, hospitals’ charity care programs absorb the cost of corporate asbestos use.

LNI should do what the statute says and pay Washington’s injured workers who were exposed to asbestos the benefits they are entitled to under the Industrial Insurance Act.

Amie was presented this award in Whistler, B.C. at WSAJ’s Annual Convention.  According to Teri Rideout, a Tacoma attorney who presented Amie the award, “Amie is a rising star who takes the time to mentor law students and young lawyers with quiet competence.” Ms. Rideout continued to say, “She is already a champion for the rights of injured workers and is passionate about protecting the legal rights of the clients she now serves.  She’s a standout lawyer.”

Medical Provider Network

The Department of Labor and Industries will establish a medical provider network for physicians and other health care providers who treat injured workers. Medical providers will be required to meet specific network requirements but it is hoped that most providers will participate in the network. Injured workers are not required to go to a network provider for the initial medical visit following an industrial injury. After the initial visit, workers can choose any provider within the network.

Stay-at-Work Program

Beginning June 15, 2011, an employer who provides transitional light duty to an injured worker can be reimbursed for up to 50% of the injured worker’s wages. The reimbursement is paid by the Department of Labor and Industries. The transitional light duty job must be approved by the worker’s attending physician.

Permanent Partial Disability Benefits

The 8% interest applied to the unpaid balance of Permanent Partial Disability (PPD) awards has been eliminated. This change will apply to workers injured on or after June 15, 2011. For an injured worker who is found permanently and totally disabled and awarded a pension, any prior PPD awards paid under the claim or claims that give rise to the pension will be deducted from the worker’s pension benefits.

 Cost-of-Living Adjustments

The legislature froze COLAs for pension benefits and Temporary Total Disability (timeloss) benefits for one year. This means that pension and timeloss benefits did not increase on July 1, 2011. Additionally, the first COLA increase following an industrial injury is delayed to the second July 1 following the injury.

Structured Settlement Agreements

Beginning January 1, 2012, structured settlement agreements for workers with an allowed claim and who are 55 years of age or older can be submitted to the Board of Industrial Insurance Appeals (BIIA). Self-insured employer claims and state fund claims can both be settled in this fashion. Settlement agreements will be expanded to workers 53 years of age and older beginning January 1, 2015 and to workers 50 years of age and older beginning January 1, 2016. Structured settlement agreements cannot include medical benefits and must be approved by an Industrial Appeals Judge at the BIIA. Despite these provisions, settlement agreements are likely to be a bad deal for injured workers and their families.

Below is the Trial News commemorating this momentous occasion.

This year, there is a great new documentary that explores this famous case and may have you rethinking whether Stella Liebeck received justice.  Using horrifying photographic evidence of Ms. Liebeck’s injuries and a mountain of evidence showing McDonalds had received hundreds of complaints about its policy of superheating its coffee, the film explains why the jury awarded punitive damages amounting to two days worth of coffee sales (which was later reduced by the judge in the case).

The McDonald’s case is just the beginning of “Hot Coffee’s” indictment of the movement to reform the civil court system. In addition to Ms. Liebeck’s case, the movie asks a number of questions about how tort reform really affects Americans:

• Should an employer be able to close the courthouse doors to its employees as a term of employment?  “Hot Coffee” tells the story of Jamie Leigh Jones, who was raped and held hostage while working for KBR.
• Can a company eliminate your constitutional rights to a jury trial by a contractual clause?  Well, you’ve entered into a contract (probably today) that does exactly this.  Every time we enter into a cellphone or internet contract, “Hot Coffee” explains you have done just that.  Some companies, like banks or credit cards, unilaterally change your contract with them to add in these provisions, regardless of what the original contract was for.
• Should damages awarded by juries be changed by legislative caps that don’t consider the facts of the case?  “Hot Coffee” shows the story of a Nebraska couple, whose son was born with cerebral palsy because of medical malpractice.  The jury awarded $5.6 million to pay for his future medical needs, but Nebraska had capped damages for medical malpractice at $1.75 million.  This means  Medicaid will be picking up the cost for the child’s future care, and not the insurance company who the doctor paid to insure against this kind of mistake.

Watch “Hot Coffee” and decide for yourself whether the tort system needs to be reformed or if the whole civil reform issue is really just a bunch of propaganda.  You can see the documentary on HBO Summer Documentary Series.

See the website for “Hot Coffee” at http://hotcoffeethemovie.com/.