Working on a Litigated Case Involving Work & Disability? A Job Analysis Can Help!

Are you working on a litigated case involving work and disability? If so, I believe a job analysis can help you and your client, and in many ways!  A job analysis involves the process of gathering, evaluating, and recording objective data about a specific job.  

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Capturing what the job is all about helps to evaluate what an employee does, why the work is done, how the work is done, results of the work, the skills, knowledge, and abilities required to perform the work, and the context in which the work fits into the organizational structure. And, if I’m part of the analyzing team, I’ll find comments and direct connections to ways of the trade!

JA

A Job Analysis is helpful in many ways. Plus they’re fun to perform!

A complete analysis involves visiting the job site to witness the job being performed and interviewing supervisors and employees about the accuracy of existing job descriptions. (And that’s a story in itself!) It sure can be an interesting tour and communication experience! 

Consulting with management and incumbents of the job along with digital video recording, if helpful, allows for a critical analysis of the parameters of performance pertaining to physical demands. And trust me, a video can produce some humor too! 

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Once the job analysis describing the critical duties of the job, an evaluation of the work environment is completed, and a report written and presented, there will be a greater understanding of the essential functions of the job.

JA Matrix

This understanding allows me as a vocational expert to make recommendations for reasonable accommodations and to testify to the efforts of the employer to provide reasonable accommodations.

Need help with a litigated case involving disability and work?

I help with plaintiff/claimant and defense cases! I’m not one sided!  Call me, Amy E. Botkin, to discuss your client’s claim.

Vocational Resources Plus, LLC * lcpresourcesplus.com * 515-282-7753  * VocResources@msn.com

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Want to Buy Some TIME From Me…a Consultant and an Educator?

You’re a good attorney, and you care about the people you represent. You’re busy working on cases and spend a lot of time on time. In fact, you even buy TIME! And, I’m writing to help you make a more comfortable TIME purchase from me, a consultant who is also an educator!

MoneyTime

I fully realize attorneys buy TIME

Time – Because you bill by the hour (and so do I), I promise to help you be more productive and, thus, more successful by providing value laden services.

Pinky SwearI promise to always respect your time.

 

Information – Because I totally understand why you HATE looking stupid (and so do I), I will provide accurate information that you want or need.

Pinky SwearI promise to always ensure you have a good reason for working with me.

 

Money – Because saving money and making money are the goals for almost every law firm (and for every consulting firm too), I will effectively use all the resources available to help with your case.

Pinky SwearI promise to be accurate and fair with my billing.

 

Education – Because lawyers always need continuing education (and so do I) to maintain your license, I am available to present to any group that would benefit from learning about my work and rehabilitation consulting. In addition, as I’m a well-trained educator and counselor, I can help you and your client in many ways throughout the case and onto trial, where my educational background is useful in front of a jury.

Pinky SwearI promise to bring new light to your litigation strategies.

 

Time on HandsHow much TIME would you like to have on your hands, especially when working on a complex case that has to do with work and disability? So there it is!  But wait, there’s more:

I, Amy, promise to Always Be True at My Core, Apple Butterflybecause that’s all I have ever had and have ever needed and I’m willing to share what I know is true.

Enjoy a piece of quality fruit (I love organic apples) and then give me, Amy E. Botkin, a call to discuss your case. I’m here to help you help your client! 515-282-7753

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Thanks for Thinking of Me! Why Wait to Place Me Into Action?

I enjoy consulting with attorneys. It involves learning about your questions; then using my expertise to provide an answer or two!  The fact is consulting work involves extraordinary amounts of mental processing.  Let me tell you, my brain gets a lot of action and yes, I work out a lot physically, too! 

I don’t know about your specific style of learning or pattern of thinking is (give me time!), but for me, when I accept a case assignment, I don’t want to feel rushed about researching and finding solid answers to good questions.  No, I meant to write great questions, those formed to help you with answering your client’s difficult problems, surrounding certain situations, while considering all necessary detail.

In my eyes, “problems” are opportunities in disguise. Something “thinks” it needs a solution. The thinking could be well thought through or it could be downright faulty, and that’s why education becomes a consulting strategy.  A good way to look at a problem is to compare it against an opposing problem and ask, which “opportunity” presents first? Will there be an order that makes sense? Is it really a problem or just defined as one? 

For every problem under the sun, there is a solution or there is none. If there be one, think til you find it. If there be none, then never mind it!” ~ LeGrand Richards

My problem solving approach develops as the research is gathered relevant to the situation. How a situation is defined is just as important in the problem equation, considering virtually every situation can be defined in more than one way. Because of this fact, tremendous opportunity to educate becomes available, and negatives turn into positives resulting in the implication of how one feels and acts toward the situation!

I find that pulling too quickly for an answer or a fact won’t turn up the best results.  Pulling carefully yet relentlessly on the stem/root system will produce reliable, intact, organic results to share with others.  Through testimony, I can educate others on how to understand the specific facts I gathered and why they are important to this case, facilitating the information and helping them to “figure out” their own solution.

Thanks (as Eeoyre says) for thinking of me!  Please contact me to get me involved early in the proceedings. Do so before you plant any seed, and I’ll help with preparing and weeding the ground, the hard part of the action! Even if you only need a file review, I can offer recommendations. And, we’d be better off to a good start!

I believe it’s always healthy to think of the humor in most situations. Truly, our emotions will benefit. Contact me at 515-282-7753 to discuss your case needs, and learn about my consulting style and policies. Again, thanks for thinking of me and for reading! 

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

I’m A Lot Like A Mole…Fortunately to Help on a Legal Case!

Okay, so I do something I’m not so sure many other people chose to do and it’s clearly an inherited trait.  Dad did it too. Okay, it’s…it’s…I’ll just come out and tell you. I use bar soap and I use the soap until it is totally gone. And I mean totally!  I don’t waste soap.

Like dad, I also save and reuse paper napkins if possible (but prefer cloth!) and keep paper towels (ditto) the same way he did, until they’ve been totally used up! He’d toss, recycle or burn what he had to.

Waste Not, Want Not (Learned the saying from dad) and ya, it’s a proverb: if you use a commodity or resource carefully and without extravagance, you will never be in need, or, if one is not wasteful then one will not be needy. You get the point, and so did I back then and still do.

Dad would also say things like “It’s your nickel” back when the home phone rang in the 70’s with the cost increase to “It’s your dime” in the early 80s! Which really both made no sense at the time. But the point is my dad was cost conscious (boy oh boy am I too)! Dad was not wasteful and I greatly appreciate inheriting certain traits from him. I miss you so much dad! I know you are a part of me that I will have forever. 

Here’s a picture recently uncovered…my dad Dick and his baby Amy…no idea where we are and why I’m wearing silly glasses! Pretty cute though, huh! My dad, always a good looking man!

I am also quite cognizant of what I throw away. I don’t want to be wasteful and I don’t want to worsen any landfill with un-recyclable garbage (read: plastic packaging). I know plastic has many very practical and very useful purposes. But when it is used once and thrown away…that bothers me. Especially when I’m at a conference in a “green/sustainable building” and they serve all food items on disposal products.

I recycle everything possible (and feasible considering time and other factors) and started composting (thank you to my sister Julie who gave me her used Earth Machine)! To me, the smell of good natural composition of kitchen and yard waste is incredible and to think of how it was made by helpful microbes, worms and other organisms!

When mixed with your soil, compost will revitalize it, make it healthier and more productive, and increase moisture retention! Can’t go wrong there, huh!? So, I used compost this year spreading it out in my yard and garden. I don’t use any chemicals and pick weeds by hand! Plus I’m into the No Mow method of lawn maintenance.

Viola beautiful lawn and it smells so fresh! However, and much to my chagrin……we got moles. They must really like their meals found in our front and back yard. So the good can seem not so good when now my lawn is disfigured with raised soft ridges and scattered holes. So, this is all natural and meant to be, right?

A mole is really interesting looking, lives underground and is nearly blind. There’s been a couple deaths ~ a baby and an adult ~ with corpses delivered by most likely my cat Alaska in the driveway and later buried by my animal loving husband Randy….yes I make him dig a hole and bury. 

I read that although a mole can detect light it does not hunt using its eyes. Instead, it relies on smell (hence the interesting snout!) and on touching wriggling prey (hence those crazy nails) using sensory hairs on its face. So a mole is good for underground life.  A mole is also (based on my research : ) ) territorial, strong, a hard working solitude industrious digger (a natural engineer like my brother Michael).

So to safely say, I’m a lot like a mole. Yes I need to get new prescription glasses, there’s nothing wrong with my sense of smell, my nails are natural, and I have a somewhat fuzzy face according to my husband. There may be other similarities, but I’ll let you make them on your own!

I’ve talked to people, including my sister Julie, who have attempted to wage all-out war on moles without success. What I’m realizing is that molehills are signs that the soil is in good shape. And I can celebrate that fact! But there is lingering doubt and some anguish over the mighty, mysterious and resilient mole. And I’ve concluded a mole deserves respect, and as often as I can offer it, tolerance.

The bottom line is that with me, I see value and purpose in everything that surrounds me.

So, with this post, I ask you if you need help in helping your client through the difficult maze of their claim, please let me help. I won’t come to court looking like a mole, but will show up like an industrious mole:  ready to dig in and get to the bottom of the deal.

Thanks for reading my post. Give me a call! 515-282-7753  vocresources@gmail.com to discuss your case. I love to help out using my forensic rehabilitation services!

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Here to Help Your Client With Shoulder Injury

At the beginning of the year 2017, my left rotator cuff was injured during a combination of physical activity, but I’m not sure how it happened.  Being the type of person who always wants to, no, needs to have answers!, I just had to go with the fact that I hurt! It took a long time for my shoulder to heal and during that time, my physical and mental capacity were diminished. So in some way, I can empathize with what a person with a shoulder injury experience. 

The first six months are critical to any injured body part that wants to heal. Proper care, nutrition, stretching, exercise and relaxation are essential components of rehabilitation.  A “don’t give up attitude” is too. I can relate to the limited movement, the pain, and the frustration from my rotator cuff injury!

Nice Biceps!

What’s good is that my shoulder (arms and entire core for that matter!) are much stronger than before because, well simply put, I care about my shoulders and exercise with purpose so they can work hard for me! 

I was offline for maintenance, but I’m back and stronger than ever!

They’re your only shoulders, all yours. If there’s injury, please do everything possible allowing the healing process to do the work.  If you want a vocational rehabilitation consultant on your side, contact me!

Practicing yoga, or focused stretching and faithfully paying attention to what your body is saying is incredibly valuable during any healing process. If an injury becomes chronic and a decision to perform surgery is made, physical rehabilitation is paramount. 

Rehabilitation also includes body and mind. Speaking of mind, I am grateful to hear of the change in the Iowa workers’ compensation law to provide workers who have a serious shoulder injury and can no longer return to their existing job with vocational rehabilitation benefits.

After July 1, 2017, if in the workers’ compensation system for a shoulder injury, the individual may receive career vocational training at a local community college…and we have good ones here in Iowa!  The employer or the employer’s insurer is required to pay financial support for participation in the program up to $15,000 for tuition, fees, and required supplies. I have plenty of experience helping Veterans return to school and commence with a new career when I had a contract with the VA to provide vocational rehabilitation services.

Also in January 2017,  I worked with a vocational rehabilitation client, Gerald. He had a serious rotator cuff injury with multiple shoulder surgeries and wasn’t expected to be able to return to his job as a roofer. I met with him and performed a vocational evaluation. He expressed interest in work as a heavy machine operator, so upon research and contact with local resources, I prepared an in-depth report to support our findings to help him move into a new career. Please let me know if you have a need on a case involving a shoulder injury as this information is fresh!

Gerald the Cat…Studious, Quick, Very Orange & Very Cool!

Recently (2018) I was assigned two interesting shoulder injury cases (one involves a dentist, the other a truck trailer unloader/consolidator) and am learning a lot about surgical options, costs of care and vocational outcomes. I’d be happy to share what I’ve learned if it’d benefit your client!

Please let me know if you have a need for a vocational expert like me to help you help your client.  Just FYI: a few years back, my sister Julie experienced a bad elbow injury when she tripped and fell at work, which required elbow replacement surgery. I learned about elbow procedures and rehabilitation while helping her!

Thank you and I hope to hear from you soon! BTW, I enjoy using cool cats to support my work!

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

Time to Stop and Smell The Roses!

Over the years, I’ve received many a rose and enjoy taking pictures of my favorites.  My plan was to find 19 single rose pictures to celebrate 19 years in business, but it became too much work to go through so many photos! Instead, I decided to come close with my count and not worry about the math, especially when at this time it’s time to

Stop and Smell the Roses!

and be satisfied with my efforts because I gave it my all at this time, as I always do for my work! You too? I’ll bet (even though I’m not into betting)! Enjoy the photos that follow and read on!

Tiny Orange Rose
Orange Rose
Beautiful Rose yes

 

 

Ohhhhhhh!    

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

All beautiful, agree! Go ahead and vote on your favorite. I wish you could scratch and sniff each to also let know your thoughts on which you believe smells the best! 

And to be totally honest, the next rose picture was not taken by me!  Incredible, isn’t it…would’ve you guessed this was a find (on an internet search) or actually taken by me? I’ve received blue roses in the past, and my pictures are just too blurry…even when editing. My disclaimer explains

I’ve named this beauty Ghost Rose!

Just to summarize this “author special” post, what’s important to point out is my business has developed for over 18 years. Because my work is important it needs to be clear, simple and pass the “smell test”.  At times, if an answer to a question or a report on a particular individual or issue is not “perfect”, a decision of what to do next can be unnecessarily stressful. My “best bet” is giving my cases my full attention, and be satisfied with the fact that I put forth my best effort. I’m okay with that with other professionals.

That’s worth, in my opinion, every dollar paid for all the roses Randy’s hand  delivered to me over the years! Hey you reader, wouldn’t it be nice to have some rose beauties of your own, or to hand deliver to a great friend? Make a valuable  impression! One last link regarding my forensic services, fyi.

Contact me 515-282-7753 or vocresources@gmail.com to discuss your case and how I help attorneys help clients. Thank you for reading my blog. I appreciate the time and the attention!

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

 

Felix…One Cool Cat!

I miss my Felix….he had to be euthanized late afternoon on Friday, September 11, 2015. He was not eating and had lost way too much weight. It was so sad and I felt so bad that I couldn’t help him other than loving him and petting him. Dr. Michael Forret, our outstanding vet since 1994) diagnosed Felix with a stomach tumor. Felix didn’t have a temperature and his vitals were okay, indicating thank goodness that he wasn’t in too much pain.

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 A lasting memory of Felix & Me

Felix showed up in our neighbor’s garden in June or so 2002. Jacob heard meowing and checked it out, bringing a completely black fluff ball back with him. I remember the first night….just holding this black kitten out in the garage. He pretty much was a garage/outdoor cat, but certainly loved coming inside and hanging out in the mondo, sleeping on the futon, or just chillin’ wherever suited his liking!

2013-12-31 13.18.23Fluff Man. At his glory he was over 15 pounds, all claws and one incredible meow!

I heard once that good cats get petted as much as they want in heaven. They get whatever they loved here on earth…..at their pawtips! Felix had a great life and yes, he had his share of injuries (broken paw, chipped ear) and vet procedures (one front incisor had to be removed). He always smelled like he was wearing leather and had recently been at a (smoke-free) bar. He had a beautiful wart under his left eye. He was downright cool.

God I miss him. Pets are so important to people’s lives. I keep on thinking I see him out in the backyard, or under the house where he had a special spot to sleep.  I will never forget the sound of his meow. Or how he would bump your arm just enough so more cat food would land in his bowl (he taught that to our white cat Alaska…) Oh, and he taught our dog Bella how to jump the backyard chain link gate (booh).

Felix was also known by me as cafe’ kitty, as he would lay non-chalantly on the curb of our driveway with one paw either crossed or draped over the edge. And when one of us would make the drive up our driveway, we’d have to go very slow because Felix was leading us up (like a sheep dog) and at times would just plop down in front of the car. You simply had to stop. Silly cat.

I also remember one time many, many moons ago….when Felix was missing for 10 days. I thought he was gone for good…and prayed he wasn’t. But returning from church one early, crispy cold winter morning (back over 10-11 years ago when we celebrated Mass at St. Ambrose), there he was down the street. I yelled stop the car, opened the door and ran through the snow to him, picked him up and hugged him sooo long, then carried him home. For the next 10 days following the “rescue” he slept with me, snuggling right up. We figured he was stuck in someone’s garage or house…as he had gotten really thin. Then Fluff Man returned to his normal acting feline nature and back to his hunting escapades (oh the critters he brought him and left right outside the back door….!)

Image result for black cat with green eyes cartoon in heaven

I love you Felix, AKA Fluff Man and am heart broken.

One way to say I love you to a cat is to gaze into their eyes and slowly close your own! I love you! Our neighbors liked Felix all and all, and people would comment how huge he was! I know Felix’s feline sisters Samantha Josephine (who also came into my life in March 2002…an Aqualand store bought from the kitty window) and Alaska (who also showed up…followed Jacob down the street) back in 2012 misses you too. Cats that are “a find” are the best!

Oh, and BTW, Jacob is getting a tattoo of Felix here shortly…..based on his drawing of Fluffman. Maybe I should too?!? (Maybe a henna one!)

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“Righty-O” Felix the Cat, the Wonderful, Wonderful Cat….Whenever he gets in a fix, he reaches into his bag of tricks!

Take time to love your pets…..unconditional love is all they know! Prrrrrrr. Here’s a link to a post titled People and Their Pets…Got Cat? where I write about vocational assessment and psycho-social factors, such as pet ownership.

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

 

Here to Help The Passionate Attorney Help Your Client ~ Life Care Planning Services

Along with vocational consulting services, I offer you life care planning services. Life Care Planning Services are valuable to passionate attorneys such as yourself: One who works to your fullest potential for your clients; One who truly cares about your client; and One who strives to maximize the best outcome for your client. A Life Care Plan will help you help your client.

cartoon lawyer  Are You a Passionate Attorney?  Image result for woman attorney cartoon

Comprehensive Life Care Planning Services focus on the individual who sustained a personal or catastrophic injury, has a congenital disease or acquired illness, or suffered a traumatic event that altered his or her life leaving them with a disabling condition. The individual and his or her family is in need of planning how to live with these ongoing life changes.

Image result for passionate attorney cartoon   Are You a Passionate Attorney? Image result for group of attorneys cartoon

A Life Care Plan outlines an individualized holistic program that documents your client’s specific healthcare needs and a projection of what it costs for that care over their lifetime. An economist reviews the plan to determine the present value of the costs.

Even more, a Life Care Plan  helps prevent medical complications, enhances community and society participation, considers quality of life issues, and assists in maintaining emotional and psychological health. 

The person’s life now has important healthcare needs and significant costs are associated with those needs that will last throughout their lifetime. How can you, the person’s caring and passionate attorney prove this, or show this to others, and why would you need to do so?

A Life Care Plan is helpful in many ways, here are three,

  • to facilitate decision making relating to the individual’s health care, long-term care, and special needs; and those costs related;
  • to identify and obtain good care in the individual’s community, whether at home, an assisted living facility, or, if necessary, a nursing home; and those costs related;
  • to help move the litigation process forward, and ultimately to settle or win a case justifiably at the highest level possible using real data!

A Life Care Plan involves a systematic process (I do that part!) of developing a “road map” of the care, goods and services the person will need to ensure optimal health, safety and life satisfaction. A plan also highlights what it is the person will need to restore or improve their life activities to their maximum potential.

Keep in mind that while most Life Care Plans are developed for people who have suffered a traumatic injury, Life Care Plans are increasingly used for older adults with chronic conditions to anticipate their health and financial needs in later years. Do you have a client in this elite category? If so, be prepared for more future that focuses on healthy living! (Hint: Get a Life Care Plan!)

Image result for quality of life

The standard definition of a Life Care Plan is a “dynamic document based upon published standards of practice, comprehensive assessment, data analysis and research, which provides an organized, concise plan for current and future needs with associated costs for individuals who have experienced catastrophic injury or have chronic health care needs. (IALCP – International Academy of Life Care Planners, 2003. Definition established during the 2000 Life Care Planning Summit.)

Please visit Dr. Deutsch’s webpage for much more information on Life Care Planning. Dr. Deutsch was on my training team!

CLCP Certificate expires 2-28-21
Life Care Plans
are developed by Certified Life Care Planners (CLCP), who are professionals in rehabilitation with advanced knowledge of specific disabilities, established treatment care resources and a consistent objective approach toward the practical and functional elements involved in providing the treatment of catastrophic injuries and diseases. 

Communication and negotiation skills are essential (so true) while working with patients, families, caregivers and treatment teams. Keep on pursuing my website, which is mainly a relationship building, and read my blog writings. Please consider how Life Care Planning Services will help you help your clients.

Contact me ~ Amy Botkin, MS, CRC, CLCP ~ today at 515-282-7753 to discuss your case.

I am here to help you help your clients!

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 My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

When, Where & Why You Need a Life Care Planner for Your Litigated Case & Who Can Help? Me!

When Do You Need a Life Care Planner?

Typically a life care planner is helpful for legal cases involving catastrophic injuries or chronic health conditions.

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  • Lawyers, physicians, and insurance companies can hire a life care planner to research, analyze and develop life care plans for patients who experience catastrophic injuries or chronic health conditions related to birth, brain injury, spinal cord injury, stroke, amputation, trauma, burns, and other serious injury.

Where Do You Need a Life Care Planner?

A life care planner is useful in a variety of jurisdictions.

  • In legal cases that include workers’ compensation, personal injury, medical malpractice and marital dissolution
  • A plan is also useful to protect assets when aging, disability or chronic disease raises tough questions about estates
  • Other civil lawsuits, estates and probate needs

Why Do You Need a Life Care Planner?

A life care planner is beneficial for individuals, families and funding sources for many good reasons.  A good planner is able to ~

  • Provide the individual and the family with an outline of future care
  • Guide people through the complex maze of rehabilitation and long-term care coordination
  • Assess diagnoses and work-related disabilities
  • Network and make connections with health care providers and holistic practitioners
  • Educate, motivate and support the family regarding their loved one’s needs
  • Help insurance companies set reserves

Who Do You Need to Be Your Life Care Planner? How About Me?! Amy!

Amy Pic 9-29-15Amy E. Botkin, MS, CRC, CLCP, Certified Life Care Planner

With my extensive training, experiences and knowledge, I am able to zero in on vocational rehabilitation needs….often a key component when attorneys and insurance companies are settling or trying a legal case involving an individual of working age.

Please take into account a child deserves the opportunity to work and make money in their future, and if permanently and totally disabled, many factors come into play when assessing their potential earning capacity.  It starts with assessing the child’s parent’s working background! 

I can help you help your client and your client’s family.

CLCP Certificate expires 2-28-21

Contact Amy E. Botkin at

515-282-7753 or vocresources@gmail.com for more information on life care planning services.

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.

I Sued the Railroad. Think I Won?

I’ve written about my 1979 car/train collision, which is part of my memory bank that becomes revisited from time to time. Especially when June 15 of each year rolls around! Here’s a bit more about the story.  While hospitalized following surgery on my head and on my right arm, I was administered an IV bag that did not have my name on it. 

Image result for plastic bracelet hospitalMy maiden name is Prochnow NOT the name written on the bag. My mom caught the error after inspecting what was all hooked up to me (I was still unconscious) and reported it to a staff nurse.  The name on one of the IV bags was that of the male driver of the car I was in that slammed into a parked train; also an inpatient in a room down the hall. Thank goodness the IV bag contained only Lasix! How could a nurse hook me up without checking my name? Yes, we had plastic id bracelets back then! No harm done. Thank you mom!

Recently, I was driving alone, and coming upon railroad tracks noticed the crossbar was malfunctioning. It was going up/and down over and over.  At this crossing (near EFCO), the lights were not flashing and I did not see any train approaching from either direction.  The bars were out of whack! Trust, me I did not see a train approaching this dayHowever, a foolish driver drove around the gates and over the multiple crossings.

I did however see the 800 number to call the Union Pacific Railroad, because it was quite apparent the gates were malfunctioning every 60 seconds or so. To fulfill my civic duty, I dialed (after crossing the tracks and pulling over near the swans’ nest) and a man actually answered! I informed the railroad worker of the situation, he thanked me and I went on my merry way.  I do not care for railroad tracks when there’s a train approaching but you can’t see it yet…gives me the chills! But I did my part to help others.

I actually felt odd, even telling my mother of the situation and call as maybe this was some sort of healthy release to my own personal lawsuit. Read on please!   

The irony of me reporting a problem with a railroad crossing is that one reason for the lawsuit my family and I filed following the 1979 car/train collision against RIRR was the fact that the cross buck at the crossing near the high school at the site and time of the accident I incurred was missing.  Yes, the cross buck, the two signs that cross at the top, was gone, perhaps some kid had stolen it?

During the trial (Hardin County Courthouse in Eldora), besides that fact this railroad maintenance error was swept under the rug, somehow, we (my entire family) knew a member of the jury. She was the sister of a long time neighbor we had several ties with while growing up in the 60s-70s. I was best friend’s for many years with the woman juror’s sister daughter, as was my sister with a second daughter (make sense?).  

Anyway, my family and I did not win anything in the lawsuit. Not a cent. Have I ever shown you my scars? You may be impressed!  We definitely should have been awarded something. I sure wish my story had been revealed, and wonder what may have happened if so. I was only 15 years old…..and my serious injuries did impact my life going forward seriously. I felt so odd and was stared at when I returned to school that Fall. I ultimately ended up dropping out of high school in November 1979.

An injury comes with costs, no matter the situation, and a story that explains the situation from a personal point of view, and one that matters is fundamentally necessary for you and your client.  If you need a personal story about your client, for the jury and the judge to read, let me help.  Contact me for more information. You’ll find I care a lot, especially if justice is lacking.

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My professional rehabilitation counseling practice is focused on helping people participate in the world around them, particularly in their own world of work.