What are Safety Groups?

• Extending the current ELD exemption window for short-haul drivers from 12 to 14 hours in order to be consistent with the general 14-hour driving limit.
• Adding two hours to the 14-hour driving limit window when in adverse conditions. The rule currently allows for 13 hours of driving in adverse conditions instead of the normal 11, but doesn’t expand the window when that driving can take place to account for the extra time.
• Eliminating or revising the 30-minute break requirement. In the notice, the FMCSA also asked carriers how alternatives to a 30-minute break would affect driver safety and provide additional flexibility.
• Allowing drivers with sleeper berths more flexibility when splitting off-duty time. The rules currently require these drivers to spend at least eight of the required 10 off-duty hours in their sleeping berths.

An upstate New York truck driver pleaded guilty this week to perjury after receiving almost $8,000 in workers’ compensation benefits while continuing to work.

Roger Decker, 48, of Lee Center, New York, gave false testimony in a hearing and falsified documents as part of a job application with the state, New York Inspector General Catherine Leahy Scott’s office said.

An investigation found that Decker was injured while working for an Oneida County trucking company in 2004. He began collecting benefits after that and later testified at a Workers’ Compensation Board hearing that he had not worked for more than a decade.

In fact, he worked for at least two trucking companies, Scott’s office reported. In total, Decker received $7,875 in Workers’ Compensation benefits in 2016.

The investigation also found that Decker submitted documents in late 2017 as part of his job application for highway maintenance worker position with the New York State Department of Transportation that falsely indicated he had never been injured while on the job. Decker was terminated from that position upon his arrest in June.

“This defendant’s false testimony and filings were part of a series of fraudulent actions meant solely to enrich himself with financial benefits to which he was not entitled,” Scott said.

Sentencing is set for Oct. 18.

Early in a claim, there may be a question if the injury is work-related. Is the injury a pre-existing condition? Did work actually cause the condition? Is the medical condition directly related to something at work? When these issues arise, adjusters schedule the IME soon after the claim is submitted.

Later in the claim, the adjuster may feel it’s time for the worker to return to modified or regular work. When treatment seems to drag on, an IME may be scheduled. Perhaps the worker had a new, non-work accident. An IME may help sort the work condition from the non-work condition. If the treating doctor awards permanent disability higher than normally expected, an IME may be used to see if the rating is appropriate.

An IME may be scheduled more than once on a claim. The insurance carrier is entitled to examinations at reasonable intervals. If you are concerned about any of these issues and think an IME might help, call us at 1-800-523-5516 to discuss.

Your workers’ compensation insurance carrier is entitled to schedule an independent medical examination, or IME. They may choose any doctor, chiropractor or psychologist. Usually, the adjuster chooses a doctor who specializes in the worker’s injury. The examination may be scheduled at any time during the claim. Once the worker is properly notified of the appointment, he or she must attend. Failure to attend places their claim on hold. Few doctors are willing to perform these examinations. They are in private practice and are not on the staff of the insurance company. Therefore, it may take a few weeks to get an appointment.