Workers’ Compensation Disability Claims
Mr. Guenther regularly represents employers, insurance carriers and third party claim administrators in the defense of workers’ compensation claims. Mr. Guenther has practiced workers’ compensation law for over twenty years and has handled hundreds, if not thousands, of workers’ compensation claims in Kentucky. He is a distinguished speaker and author on this area of the law.
Some important tasks that Mr. Guenther routinely handles for his clients include:
- Pre-litigation analysis of the compensability of claims;
- Representation of employers in the defense of claims for temporary and permanent disability income benefits;
- Negotiation of settlements and/or preparation of Form 110-I Agreements as to Compensation;
- Handling of appeals before the Kentucky Workers’ Compensation Board, the Kentucky Court of Appeals, and the Supreme Court of Kentucky; and
- Pursuit of subrogation claims in workers’ compensation proceedings, state court, and federal court, including coordinating apportionment of benefits among multiple workers’ compensation carriers, private disability insurance carriers, and health insurance carriers.
Mr. Guenther provides legal guidance to employers and insurance companies on whether to deny or accept workers’ compensation claims and represents employers in the defense of workers’ compensation claims once filed with the Kentucky Department of Workers’ Claims.
When a worker alleges an on-the-job injury, there are certain actions that an employer should immediately take to insure that only legitimate claims are accepted. Such measures include immediately identifying and preserving any video evidence at the time and location of the alleged injury and having the employee immediately complete a written accident report. This report should be signed or prepared by the injured worker and shoulder provide specific details as to the time and location of the accident, how the injury occurred, the body parts that were injured, and any witnesses who observed the accident.
Amounts paid to a worker injured on-the-job can be astronomical. Payment of these workers’ compensation benefits affect the employer’s insurance rates. Once a claim is accepted and benefits are paid, it is much more difficult to later assert defenses contesting the legitimacy of the claim. Therefore, it is critical that employers immediately conduct a thorough investigation of the alleged injury.
If you have questions about the legitimacy or compensability of a claim or if you need representation in the defense of a workers’ compensation claim, call Mr. Guenther today.
Workers’ Compensation Medical Disputes
Mr. Guenther routinely represents employers and insurance companies in contesting claims for medical expenses in workers’ compensation claims. Mr. Guenther counsels insurers and employers regarding taking the proper procedural steps to deny claimed medical expenses and provides representation contesting medical expenses once litigation is initiated – either during the course of the litigation of the original claim or in post-award medical disputes. Employers and insurance companies are spending more and more money each year on medical expenses for employees who are injured on-the-job. Many of these claimed medical expenses are for chronic treatment of pain and include such treatment modalities as injections and expensive medications.
The Kentucky Department of Workers’ Compensation Claims has recently streamlined the process for employers to contest the compensability of medical treatment. Although the process has very specific regulatory requirements, including tight time deadlines that must be met, employers who closely adhere to these legal requirements are able to efficiently contest the causal relationship of any such medical expenses to the work accident in question and/or to contest whether the treatment sought by the employee is reasonable and necessary.
If you believe that medical treatment sought by an injured worker is not causally related to a work accident or is not a reasonable and necessary medical treatment, call Mr. Guenther to discuss whether you should formally contest the medical treatment.
Mr. Guenther is a member of the firm’s Civil Litigation Practice Group. He regularly counsels and represents individuals and entities involved in a variety of business disputes. Having handled such matters for over twenty years, Scott recognizes the importance of reaching a quick and efficient resolution of business disputes whenever possible, as well as the importance of being prepared to initiate and aggressively pursue litigation when necessary. His trial experience and determination will benefit you or your company if formal litigation becomes necessary.
His approach is simple; he partners with every client to understand their immediate and long-term business needs, then develops a litigation strategy designed to meet his client’s best interests.
Mr. Guenther’s business litigation experience includes:
- Affordable Care Act Compliance
- Breach of Contract/Fiduciary Duty
- Construction/Contractor Disputes
- Business Torts
- Partnership/Ownership Disputes
- Bad Faith Litigation/Insurance Coverage Disputes
- Regulatory Litigation
- Restrictive Covenant/Non-Compete Agreements
- Property Damage Litigation
- Professional malpractice
- Taylor Stumbo v. the City of Ashland;
- Callie Seed v. Boone County Board of Education;
- Denise Simmons v. Greenup County Board of Education;
- Glenn Johnson v. the City of Covington;
- Juanita Cook v. Lawrence County Board of Education;
- Betty Schwartz v. the City of Covington;
- Susy Bailey v. Greenup County Board of Education;
- Robert M. McKinney v. City of Ashland;
- Perry W. McClure v. City of Covington Fire Dept.; and
Shelby Ewell v. Northern Kentucky Cooperative for Education Service.
Scott Guenther is a longtime resident of Edgewood, Kentucky. Scott, along with his wife of over twenty years and their three sons, believe in the importance of involvement and service in their community.
Currently, Mr. Guenther serves on the Northern Kentucky Chamber Board of Advisors and as chairperson on the Covington Business Council (CBC) Board of Directors. In addition, Scott is active and engaged in economic revitalization efforts in Covington. He became increasingly interested in the growth and success of Covington since joining the Covington-based law firm, Adams, Stepner, Woltermann & Dusing, more than 15 years ago.
Previously, Scott served for six years as a member of the Edgewood City Council. Notably, during his term, he received more votes than any of the other six members on the Edgewood City Council. He is an active member of St. Pius X Parish, where he recently served for four years as president of the Athletic Association and has served on its Parish Council. He is heavily involved in youth sports and coaches his sons in competitive baseball and basketball. He also enjoys fishing and traveling.
Scott M. Guenther currently serves as Managing Partner at Adams, Stepner Woltermann & Dusing.
In the News
To Compete or To Not Compete. Non-Compete Agreements, What You Should Know (Newsletter Article written by Scott Guenther)
Adams, Stepner attorney, Scott Guenther, is Highlighted in the News for his Community Leadership.
Affordable Care Act, What you Need to Know. (Newsletter Article written by Scott Guenther)
Scott M. Guenther, Managing Partner of Covington-based Adams, Stepner, Woltermann & Dusing, PLLC named to the Covington Business Council Board of Directors.
Scott M. Guenther, Managing Partner at Adams, Stepner, Woltermann & Dusing, PLLC has begun his new role as chair-elect on the Covington Business Council (CBC) Board of Directors.
For full press release click here.
Scott Guenther, Managing Partner, Leads Firm in Partnership with UpTech, Round 2.
Affordable Care Act Seminar, Changes Are Coming: What the Requirements Mean to Your Business
Affordable Care Act Seminar, Changes Are Coming. How to Ensure Your Business is in Compliance? Presented by: Scott Guenther, Managing Partner, Adams, Stepner, Woltermann & Dusing, PLLC & Gary Beatrice, President, Business Benefits.
Adams, Stepner Partners with Covington Business Council on Business Improvement District project
Scott M. Guenther, the firm’s Managing Partner, has agreed to serve on the steering committee for the Business Improvement District, which is spearheaded by the CBC with the primary goals of improving the economic vitality, overall appeal, and aesthetic quality of the Covington Business District.
For full press release click here
UpTech Announces First Round of Winning Start Ups
Scott Guenther, Managing, Partner, Leads Firm in Partnership with UpTech.
Click here for full story.
Adams, Stepner Names Scott M. Guenther as Firm’s New Managing Partner
Adams, Stepner, Woltermann & Dusing, PLLC is pleased to announce that Scott M. Guenther has been elected Managing Partner beginning January 1, 2012. Guenther succeeds James G. Woltermann, who has served in a leadership capacity for over a decade.
For full press release click here.