Deuterman Law Group Honored for Pro Bono Work on Behalf of Family of Jennifer Nielsen, Murdered Pregnant Newspaper Carrier
Dan Deuterman was one of 24 Triad attorneys honored for their commitment to providing justice and access to legal representation to all North Carolinians, even if they’re unable to pay for an attorney.
Deuterman this week received an Impact Pro Bono Award from the N.C. Bar Association and Business Leader Media in recognition of the work he did on behalf of the family of Jennifer Nielsen, who was murdered last year while delivering newspapers.
Seeking Justice for Jennifer Nielsen and Her Family
In the summer of 2007, the nation learned of the violent and tragic death of Jennifer Nielsen.
Jennifer, a young mother of two who was eight months pregnant with her third child, was murdered while delivering newspapers for in Raleigh. Her killer remains at large.
The deaths of Jennifer and her unborn son, Ethen, devastated their family. Then came a second shock. Jennifer’s employer decreed that she was an independent contractor, not an employee, and refused to pay a death benefit under the state’s workers’ compensation law.
Jennifer’s grieving husband, Tim, contacted Dan Deuterman of the Deuterman Law Group, and asked for his help in fighting this decision. Tim knew that no amount of money would ever replace Jennifer, but he was concerned for the future of their children.
Certified Workers' Compensation Specialist Joins DLG
Attorney Pamela Foster has joined the Deuterman Law Group as the firm's third certified specialist in workers' compensation.
Pam, who has tremendous experience in the field, will be handling workers' comp cases for the law firm.
Please read on to learn more about Pam and her commitment to injured workers and preserving their rights.
A seasoned litigator and a certified mediator, Pam is a great addition to the Deuterman Law Group.
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Hear More About How Carolinas Poultry Workers are Mistreated
Reporter Kerry Hall and Editor Rick Thames of The Charlotte Observer were on the NPR show, The State of Things Last week discussing the newspaper's 22-month investigation into the poultry processing industry in North Carolina and South Carolina.
The archive of the show is available online. You can hear about how they conducted their investigation and the lax workplace safety measures at House of Raeford Farms plants throughout the Carolinas.
You can read the full series, The Creulest Cuts, online at the Observer Web site.
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Newspaper series reveals House of Raeford hid worker injuries, refused medical treatment
A nearly two-year investigation by The Charlotte Observer revealed that one of the country's biggest poultry producers, House of Raeford Farms, covered up injuries and dimissed workers' request for medical care, clearing in violation of workers' compensation laws.
Reporters spent 22 months investigating the poultry industry in North Carolina and South Carolina, interviewing more than 200 workers and reviewing thousands of documents. They found that between 80 percent to 90 percent of the workforce at some plants is Latino and that is by design. As one plant employment superviser told a reporter, she was encouraged to hire Latinos because they are likely to complain and report their injuries.
House of Raeford is clearly violating the siprit of the state's workers' compensation laws.
"The company has compiled misleading injury reports and has defied regulators as it satisfies a growing appetite for America's most popular meat. And employees say the company has ignored, intimidated or fired workers who were hurt on the job. "
Among the findings of the Charlotte Observer series, called the Cruelest Cuts:
• House of Raeford's 800-worker plant in West Columbia, S.C., reported no musculoskeletal disorders over four years. Experts say that's inconceivable. MSDs, including carpal tunnel syndrome, are the most common work-related injuries afflicting poultry workers.
• Its Greenville, S.C., plant has boasted of a five-year safety streak with no lost-time accidents. But the plant kept that streak alive by bringing injured employees back to the factory hours after surgery.
• The company has broken the law by failing to record injuries on government safety logs, a top OSHA official says.
• At four of the company's largest Carolinas plants, company first-aid attendants and supervisors have dismissed some workers' requests to see a doctor -- even when they complained of debilitating pain.
Our journalists found evidence that House of Raeford has failed to report serious injuries, including broken bones and carpal tunnel syndrome. They discovered that plant officials often dismissed workers' requests for medical care that would cost the company money.
22 months, interviewed more than 200 poultry workers, many of them Latinos.
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Congress Attempts to Cut Victims' Fund Again
This just in from our friend Steve Derene at the National Association of VOCA Assistance Administrators:
The President's FY 2009 budget once again calls for recission of the Crime Victims Fund.... this year they want to remove $2 billion.The requested FY 2009 VOCA cap would remain at $590 million.
Wall Street Journal Covers Victims' Fund Cuts
Steve Derene at the National Association of VOCA Assistance Administrators, shares this story from the Wall Street Journal about federal cuts to victims' assistant programs, including those in North Carolina.
The News & Record ran a story, too, about these victims fund cuts.
A subscription is required to view Wall Street Journal articles online, but I'm posting the complete article here.
Continue Reading Posted By Joel Davis In News | Permalink | 0 Comments |
North Carolina Victims' Groups to Lose $1.3 million in funding in 2008
Our friend Jennifer Fernandez at the News & Record wrote about pending cuts to the federal Crime Victims' Fund after learning about it from the Deuterman Law Group.
Continue Reading Posted By Grace Kanoy In News | Permalink | 0 Comments |
Congress Cuts Crime Victims Fund
The Deuterman Law Group recently represented a young, single mother who was seriously injured in a car crash caused by a drunk driver.
Hillary Holt, a waitress and single mom from Boone, was hit by a drunk driver while coming home from work one evening. The other driver was killed, and Hillary nearly was. In fact, she was pronounced dead at the scene of the accident, but a paramedic saw her finger twitch and she was flown by helicopter to a trauma center. Miraculously, Hillary survived, but she suffered horrible, debilitating injuries. (I'll write more about Hillary's case in a future blog entry.)
In handling Hillary's case, we became aware of the The Crime Victims Fund, which among other things provides state grant money to reimburse victims of crime, like Hillary.
Established by the Victims of Crime Act of 1984 (VOCA), was created to help provide services and compensation for victims of crime, including child abuse, homicide, rape and drunk driving. No taxpayer money is used; instead it is funded by criminal fines, forfeited bail bonds, penalties, and special assessments collected by U.S. Attorneys' Offices, federal U.S. courts, and the Federal Bureau of Prisons.
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Deuterman Law Group blog in the news
The Winston-Salem Journal here in North Carolina published an article this week about law firms that blog.
The Deuterman Law Group is leading the pack. While some firms are just now launching blogs, we've been using the North Carolina Workers' Compensation Law Blog to keep clients informed for more than a year.
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Deuterman Law Group honored as one of Triad's "Best Places to Work"
The Deuterman Law Group, a downtown Greensboro law firm that focuses on workers’ compensation and Social Security Disability cases, has been named one of the Triad’s “Best Places to Work” by The Business Journal of the Greater Triad.
The annual competition recognizes Triad companies that provide good work environments for their employees through their policies, incentive programs, community involvement and benefits.
“The Best Places to Work” award winners and finalists are chosen from nominations and input from employees. Winners are determined based on responses from employee feedback surveys conducted anonymously online with scores rated by a firm that conducts such surveys nationwide.
Read more about why Deuterman Law Group is one of the Best Places to Work >>
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Deuterman Law Group finalist in "Best Places to Work" competition
The Deuterman Law Group, a downtown Greensboro law firm that focuses on workers’ compensation and Social Security Disability cases, was a finalist in The Business Journal’s “Best Places to Work” competition.
The annual competition recognizes Triad companies that provide good work environments for their employees through their policies, incentive programs, community involvement and benefits.
“The Best Places to Work” award winners and finalists are chosen based from nominations and input from employees. Winners are determined based on responses from employee feedback surveys conducted anonymously online with scores rated by a firm that conducts such surveys nationwide.
Continue Reading Posted By Grace Kanoy In News | Permalink | 0 Comments |
Low morale, inadequate training are drags on worker productivity
Recently, there was an interesting entry at the Health as Human Capital Foundation's blog on what really affects worker productivity.
Contrary to popular belief, health issues don't have as much impact on producitivity as many employers and insurance companies claim that they do.
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Attorneys outraged by $65 million suit over pants
I have been following the $65 million dollar pant lawsuit with interest because first of all I come from an immigrant family with a small business, secondly, it's an outrageous law suit, and thirdly to see if attorneys would rally and respond to the gross abuse of power that Administrative Law Judge Roy Pearson Jr. has committed. Attorneys already suffer negative opinion by the public, and this particular case completely aggravated that opinion further.
Fortunately, there is the American Association for Justice (AAJ), which is a nonprofit organization supported by attorneys to promote a fair and effective justice system. I am very happy to see that they did take action in this case. They have called for a disciplinary investigation of Pearson. And in addition, AAJ CEO Jon Haber, and president Mike Eidson have pledged to contribute to the defense fund established to support the family.
Read the press release and letter to the District Columbia Bar Association.
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Social Security Backlogs hurting lives
In addition to the outrageous delay in the processing of Social Security Disability appeals that claimants have to deal with, it seems as though the traditional deny and delay tactics of private insurance companies have crept into the Social Security Administration.
Check out the investigative reporting by WCNC, where the reporters have discovered that 7 out of 10 claims are denied by disability determination agents.
http://www.wcnc.com/news/local/stories/wcnc-043007-al-disability_insurance.2203eaa4.html
and the video http://www.wcnc.com/video/index.html?nvid=139951
Posted By Benjamin Burnside In News , Social Security Backlog | Permalink | 0 Comments |
Stop Insurance rate increases, vote against bill SB901
We recently sent out letters to our clients urging them to call their Congressman and Senator to reject the bill SB901 aka "the Premium Increase Act of 2007" which is working it's way through the NC State Assembly. We have received numerous calls to our office from clients who needed a clearer explanation of what this bill implies.
I found this article, Insurance rates not high enough? in the Wilmington Star online that explains the implications of this bill quite clearly. Please read it, and tell everyone you know to call their local Congressman and Senator to vote against it.
Posted By Dan Deuterman In Insurance Practices , News , Workers' Compensation Reform | Permalink | 0 Comments |
WC insurance premium refunds for employers
From CarolinaNewswire.com:
"Builders Mutual Insurance Company, a leading regional insurance provider to the home building industry, announced today that the company will distribute $2.8 million in dividends back to eligible workers' compensation policyholders in late spring as a result of lower than expected workers' compensation claims.
Since Builders Mutual was first founded in 1984, the company has returned a dividend to policyholders in 18 out of 22 years. To be eligible for a return, workers' compensation policyholders must have a favorable loss experience. "
To read the entire article, click here.
Join the Orange and Maroon Effect Day - Friday, April 20th
The Deuterman Law Group would like to send our show of support to the Virginia Tech community.
From left to right:
Back row: Benjamin Burnside, Dan Deuterman, Peggy Miller, Veronica Zeilfelder, Jaime Funderburk, Joel Davis, Peggy Walters, Erin Quintrell
Mid row: Dawne Deuterman, Grace Kanoy, Robin Henley, Julie McHugh, Kristi Watson
Front row: Katie Cox
Although the folks at the Deuterman Law Group attended schools all over the world... today we are ALL HOKIES. Everyone dressed in Virginia Tech colors, donned on VT shirts to honor the victims. We would like to express to the school, friends, and families of the victims our heartfelt sorrow for their loss and know that people around the country have them in their prayers.
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Greater media coverage of undocumented workers exposes high injury rate
The issues regarding Immigration reform has brought media attention to the plight of undocumented workers and their work conditions. As a result, more and more articles are exposing the unfair treatment and work conditions that undocumented workers are subjected to.
We have created a new category , "Undocumented workers and Workers' Compensation" and hope to compile more stories and comments about this emerging issue.
In the past, we have rarely seen WC claims filed by hispanic workers. The number one reason preventing this is fear of deportation of not only themselves, but also their families. We hope that further discussion and exposure will give people confidence to come forth.
In North Carolina, undocumented workers are entitled to workers' compensation. Many people are unaware of this including insurance adjusters who wrongly deny claims because they feel undocumented workers should not be entitled to such a benefit.
Posted By Dan Deuterman In News , Undocumented Workers | Permalink | 0 Comments |
Major insurance companies have adopted a take-it-or-leave-it approach with people filing minor-impact claims.
This latest CNN article about the hardball insurance practices was sent to me by my listserv: http://www.cnn.com/2007/US/02/09/insurance.hardball/index.html
As this article candidly explains, these auto insurance carriers are paying less and less on injury claims, but still continue to increase the premiums for their customers. Meanwhile the insurance companies continue to inundate the media with advertising that casts them in the role of helper and hero. The result is this: more and more jurors are coming to jury duty with the preconceived notion that the plaintiff must be greedy, committing fraud, or looking for a big payday.
The CNN article even quotes a former juror who said she assumed that the plaintiff in the case that she heard had already received payment for injuries and other damages from the insurance company and that she brought the lawsuit out of greed. In reality, the accident victim's insurance claim was never paid, and she lost in court.
The revelations in this article won't surprise attorneys who represent injured people. Large auto insurance carriers have been using this hardball tactics for years when addressing claims. They have a huge incentive -- profits -- to continue to act this way in the future.
Continue Reading Posted By Joel Davis In Ethics , Insurance Practices , News | Permalink | 3 Comments |
Employer Fraud - A Billion Dollar Problem
A new study by the Fiscal Policy Institute (FPI) illustrates just how costly employer workers’ compensation fraud can be.
In New York state, the cost is a staggering $1 billion every year – the result of companies that either don’t pay their workers compensation insurance premiums or underpay because they lie about the size of their work force. Honest companies end up paying higher premiums as a result, and injured workers are forced to go without the workers' compensation benefits that they are entitled to.
This study further supports my point that workers comp fraud is much more prevalent among employers than among workers, and it is clearly more of a financial drain on the system. The basis of the workers' compensation system is a compromise between employers and employees - employees forgo their traditional tort remedies in order to obtain a swift recovery, and employers are assured capped damages but are liable for work related injuries regardless of negligence. When employers perpetrate fraud on the workers' comp. system, which they do in far greater numbers than employees, the bargain is eroded.
You can read more about the study in the New York Times (registration may be required) and in this press release from The New York State Public Employees Federation, which is urging reform and a crackdown on employer workers’ compensation fraud.
To read the full FPI report, click here
Deuterman Family Makes Donation to Local Hospital
The Neonatal Intensive Care Unit of the Women’s Hospital of Greensboro is even more inviting thanks to a piece of original art donated by the parents of a former patient. “A Special Delivery” is a gift to the hospital from Dan and Dawne Deuterman of the Deuterman Law Group in Greensboro.
“It is a generous gesture on the part of the Deutermans to donate the painting to Women’s Hospital, with the proceeds from the purchase benefiting the March of Dimes,” Cindy Farrand, Vice President/Administrator, Women’s Hospital says.
The Deutermans bought the painting at the Chef’s Auction, a local fundraiser for the March of Dimes. The Deuterman Law Group was a sponsor of the event, which funds programs designed to reduce the incidence of premature births.
“Though he is healthy and happy today, our son Jake weighed just two pounds at birth and spent five months in Neonatal Intensive Care,” Dan Deuterman says. “That means we had an up-close look at the skill and dedication of the team at Women’s Hospital and at the resources offered by the March of Dimes. We’re delighted to be able to honor both organizations and the families they serve.”
“A Special Delivery” was created by Greensboro artist David Gaadt and portrays the arm and hand of a surgeon cradling a small infant. Gaadt painted the image from a photo by Paul Kuroda. The painting now hangs in the Neonatal Intensive Care Unit at Women’s Hospital.
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Attorney Ben Burnside Joins The Deuterman Law Group
Benjamin Burnside, a native of Greensboro, has joined The Deuterman Law Group as an associate attorney. He graduated magna cum laude from the University of North Carolina at Wilmington in 2003 with bachelor’s degrees in philosophy and religion. He earned his juris doctorate in 2006 from the University of North Carolina at Chapel Hill, and in the same year he was admitted to the North Carolina State Bar.
Benjamin is passionate about trial work and about representing the rights of injured workers.
While a law student, Benjamin completed internships with The Deuterman Law Group and with U.S. Middle District Court Judge James A. Beaty Jr. Today he is a member of the National Organization of Social Security Claimants’ Representatives, the North Carolina Academy of Trial Lawyers, the North Carolina Bar Association, the Greensboro Bar Association, and the Workers Injury Law and Advocacy Group.
Benjamin’s areas of practice include Social Security Disability, workers’ compensation, and personal injury.
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DLG Employees spread holiday cheer at nursing home
For the second year, the Deuterman Law Group helped spread holiday cheer at Britthaven of Guilford, an assisted living and rehabilitation facility in Greensboro.
Employees delivered holiday gift bags to the home’s 120 elderly and disabled residents, many who do not have family with which to share the holidays.
Paralegal Erin Quintrell and her family volunteer at the nursing home weekly with their congregation at Cornerstone Baptist Church, 3228 Hines Chapel Road, Greensboro. Quintrell’s husband, who is a Sunday school teacher and lay minister, leads church services at Britthaven every Tuesday night.
Two years ago, Quintrell brought in tags from Britthaven’s angel tree and asked her employers and coworkers if they’d each be willing to sponsor a resident and buy gifts for that person for the holidays. Dan and Dawne Deuterman, who founded the Deuterman Law Group, decided to support Quintrell’s charitable work by paying for the gifts for all the residents.
“I think I started crying,” said Quintrell, who thought she’d have to recruit many donors to fulfill her dream of providing gifts for every Britthaven resident. “These residents have become like my family.”
The Deutermans decided to do the same this holiday season, buying fleece blankets, socks, toiletries, Christmas ornaments, water bottles and sugar-free candy for the 50 men and 70 women who live at Britthaven. Personal Care Inc., a Greensboro-base home health care company, also provided some stadium blankets for the residents.
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Veterans can now hire attorneys to help with VA benefits claims
Under a new law that was enacted late last year, veterans now are able to hire attorneys or other agents to represent them in benefits claims before the Veterans Administration.
This is one of the most important provisions of the Veterans Benefits, Health Care and Information Technology Act of 2006, which was signed into law by President Bush on Dec. 27.
A policy dating from the Civil War had prevented veterans from hiring attorneys to help them in their quest for benefits until completing VA administrative proceedings, which usually takes several years. Under the new law, however, veterans are allowed to hire an attorney if they wish to help them navigate the complex VA benefits system.
Now that the firm is able to do so under the law, The Deuterman Law Group will most likely begin accepting VA benefits cases in late June. Joel Davis, who handles most of the firm’s Social Security disability cases, will be the lead attorney on these cases.
“We’re excited for the opportunity to veterans receive their VA benefits, just as we have helped many of our other clients receive the Social Security benefits that were originally denied them,” Davis said. “Going through this process can be very difficult and frustrating, and it’s good to have the assistance of an attorney who knows how to navigate the system and cut through the red tape. Veterans have been denied that right for too long.”
Posted By Grace Kanoy In News | Permalink | 1 Comments |
Wal-Mart tries to improve public image through its employees
I recently visited the Workplace Prof Blog and found the blog entry, The Empire Strikes Back: Wal-Mart Reaches Out to Its Workers, which comments on the article Wal-Mart Defends Itself, This Time to Its Workers. The revelation of Wal-Mart's treatment of its employees has brought it under fire from politicians, activists, media and former employees. And what is Wal-Mart's response?
Blame the politicians. "We think elected officials should spend their time on real solutions to real challenges." says Dan Fogleman, a Wal-Mart spokesperson. Since when is unfair labor policies and wages not a real issue?
N.C. Industrial Commission rules for Triad woman
(Greensboro, N.C., July 12, 2006) - Ending an eight-year legal battle that went all the way to the N.C. Supreme Court, the N.C. Industrial Commission has ruled that an elderly Winston-Salem woman who was hurt while working at Wal-Mart is entitled to lifelong disability benefits and medical treatment for her injuries.
Sandra Clark of Winston-Salem began working as a Wal-Mart greeter in July 1998. A few days before Christmas 1998, Clark was asked to stand on a 10-foot ladder and move a decorative sled that was above her head. Clark, who has osteoporosis and was under doctor's orders to avoid heavy lifting, felt a sharp pain in her lower back after moving the sled and was diagnosed with two fractured vertebrae, an injury that prevented her from working.
Clark's employer initially began paying workers' compensation benefits. But in 2000, Wal-Mart applied to the N.C. Industrial Commission to stop payments to Clark, arguing that Clark and her attorneys had the burden of proving that Clark was entitled to continuing disability payments.
Woman Wins Eight-Year Workers Comp Battle with Wal-Mart
Sandra Clark, a 72-year-old client who was injured eight years ago while working at Wal-Mart, has finally triumped in her workers' compensation battle against the retail giant.
The North Carolina Industrial Commission recently ruled that Mrs. Clark is entitled to disability benefits for life and that Wal-Mart must pay for her ongoing medical treatment.
The Winston-Salem Journal wrote about Mrs. Clark's case when it was hears by the N.C. Supreme Court and again this week when the NCIC's decision was announced.
Posted By Grace Kanoy In News | Permalink | 0 Comments |
Kids' Chance in the News
In case you missed it during the holiday festivities, here's a link to a letter to the editor from Dan Deuterman that was published July 4 in the News & Record in Greensboro.
Scroll down to the letters from July 4 to read what Dan had to say.
Dan wrote about Kids' Chance and Lorraine Ahearn's recent column on the scholarship program.
Deuterman Law Group promotes scholarship program for children of workers killed or injured on the job
Kineshia Irby's life changed forever in 1992 when she was just 7 years old.
Her father, a counselor for the Mecklenburg County Health Department, was returning from a workshop when he was critically injured in a car accident. He has never recovered from the injuries and remains in a semi-vegetative state 14 years later.
Kineshia's mother, Christine Irby was suddenly thrust into the role of a single parent. From that day forward, she alone became responsible for raising her only daughter, providing for her and making sure her dreams were realized. Their story illustrates just how devastating on-the-job injuries can be for workers and for their families.
But there is hope for families like the Irbys, who live in Charlotte. Kids' Chance of North Carolina provides scholarships to children whose parents have been catastrophically injured or killed in work-related accidents. Kineshia, who is a junior at Norfolk State University, was the state's first recipient of a Kids' Chance scholarship.
The scholarship program has been in existence for two years and has built up a $30,000 endowment. However, in that time, the group has received few applications from qualified students, said Martha Dealy, president of Kids' Chance of North Carolina.
Dan and Dawne Deuterman of the Deuterman Law Group in Greensboro hope to change that.
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Great article about Kids' Chance scholarships program for children of injured workers
Check out Lorraine Ahearn's column from Sunday's News & Record about Kids' Chance of North Carolina.
The organization, which Deuterman Law Group supports financially and in other ways, provides scholarships to high school and college students who had a parent killed or catastrophically injured on the job.
Next month, we'll begin selling cookbooks to benefit Kids' Chance at our offices. They're just $10.
And if you know of a student who might be eligible for a scholarship, we have applications. Just visit our Web site or email our PR person at amyjoyn@bellsouth.net and she'll send you the details.
Greensboro couple establishes scholarship for UNC-Chapel Hill School of Law students
(Greensboro, N.C., March. 23, 2006) - Daniel and Dawne Deuterman of the Deuterman Law Group in Greensboro have endowed a scholarship to benefit students attending the UNC-Chapel Hill School of Law.
The Daniel Lyndon and Dawne Talbert Deuterman Scholarship will be awarded annually to a student ranked in the top third of his or her college class, who demonstrates financial need and leadership abilities through college involvement and extracurricular activities.
Continue Reading Posted By Grace Kanoy In News | Permalink | 0 Comments |
NCATL drops official bank over workers' compensation reform
The N. C. Academy of Trial Lawyers has ended its longtime relationship with its offical bank over the issue of workers' compensation reform.
The Academy, whose membership includes more than 4,000 attorneys dedicated to protecting individual rights in North Carolina, instead has chosen SunTrust as its official bank.
Insurance lobbying groups and big companies, including Duke Energy, Progress Energy and Bank of America, are the major backers of an effort to change the state's Workers' Compensation Act in ways that would severely compromise workers' rights.
Among other things, these groups and corporations supported legislation that would have imposed a 500-week (or approximately 10-year) limit on workers' compensation benefits. Under their plan, workers who are older than 60 could only collect benefits for 260 weeks - or about five years - no matter how debilitating or severe their injuries.
Their efforts are aimed at saving big businesses money at the expense of taxpayers. They seek to transfer the cost of caring for injured workers to taxpayers and the already overburdened federal Social Security system.
Attorney Daniel Deuterman sworn in as member of the Bar of the U.S. Supreme Court
Attorney Daniel Lyndon Deuterman, a certified specialist in workers' compensation, has been admitted to the Bar of the U.S. Supreme Court.
During a special ceremony at in Washington, Deuterman and 15 fellow alumni from the UNC School of Law were sworn in before the nine justices of the Supreme Court, including Chief Justice John Roberts.