Employers will be affected by the ending of a little understood law: The Second-Injury Fund, scheduled for termination of payments on July 1, 2010.
The law (Sect. 15-8 of the Workers’ Compensation Law) protected employers from the higher costs of compensation in juries where the employee had a prior permanent disability at the time of a work injury. Common examples were workers who had been in auto accidents and who later were hurt at work.
In such situations, the employer (through its compensation carrier) only paid for the first 2 years (recently changed to five years) after which payments would be reimbursed from the Second-Injury Fund. However, many states, New York included, are experiencing rising costs in all areas of workers’ compensation, resulting in closing down of these funds. The New York fund will terminate payments on 7/1/10.
What impact will this have on employers? There will be both increased litigation on nearly half of all claims involving serious injuries, as well as increased litigation of claims involving workers over 50 years of age.
A publication by the Surgeon General 20 years ago showed nearly 30% of the workforce had a permanent medical impairment. This is precisely the group most likely to sustain a later career-ending work injury.
In New York, compensation claims will be heavily litigated on the effects of prior injuries which, until now, were covered by the Fund. Employers must anticipate this and document periods of lost time from work due to permanent injuries prior to an accident. If there was no such lost time for years prior, there is a good chance a workers’ compensation rate will not be lowered by apportionment with a prior injury. (workersxzcompxzkit)
It is certain the most helpful testimony will come from the employer who can honestly testify a prior injury did not noticeably affect the worker’s job performance. Employees will need the employer’s loyal support more than ever.
Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
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Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
April 19, 2009: The West Virginia Drug Free Workplace Act, (DFWA) newly enacted in 2008, was amended to extend its reach to all levels of government and raises the contract value to over $100,000. The amendment is awaiting the Governor’s signature.
The DFWA requires all contractors, defined as any employer working on a public improvement without regard to whether they are serving as the prime or subcontractor to another, to test for nine (9) drugs, including marijuana, cocaine, opiates including hydromorphone, oxycodone, hydrocodone, phencyclidine, amphetamines, barbiturates, benzodiazepines, methadone and propoxyphene.
No public authority, including as amended:
“any officer, board or commission or other agency of the State of West Virginia, its counties or municipalities or any political subdivision thereof, authorized by law to enter into a contract for the construction of a public improvement, including any institution supported, * * * in whole or in part, from public funds, may award a public improvement contract which is to be let to bid to a contractor unless the terms of the contract require the contractor and its subcontractors to implement and maintain a written drug-free workplace policy * * * and the contractor and its subcontractors provide a sworn statement in writing, under the penalties of perjury, that they maintain a valid drug-free workplace policy in compliance with this article.” [emphasis added].
Among other requirements, the contractor and each subcontractor must annually provide a sworn certificate of compliance that they maintain a drug-free workplace which includes pre-employment, reasonable cause, post-accident and random testing, that they have a written policy and biannual two-hour employee awareness education and annual two-hour supervisory training. (workersxzcompxzkit)
Penalties for non-compliance include possible conviction of misdemeanor, fines and possible exclusion from bidding on future public works.
Attorney Judge, JD, LLM can be reached at The Center for Drug Test Information, 877-423-8422 centerfordrugtestinformation@yahoo.com www.centerfordrugtestinformation.com
US Drug Testing Laws: www.ReduceYourWorkersComp.com//drug-testing-state-laws.php
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
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WC 101: www.ReduceYourWorkersComp.com/workers_comp.php D
o not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
The Question:
Should Workers’ Compensation Carrier be required to pay for extended testing protocol following exposure of hospital employee to patient’s blood?
Here’s What Happened
A health care worker was splattered in the face and eye with blood and saline while flushing a patient’s intravenous (IV) line. The worker sought immediate medical attention, at which point the applicable post-exposure protocol required by OSHA was initiated. The protocol required a series of five office visits including tests for bloodborne pathogens, for a total cost of about $700.00. The carrier paid for the first two visits, and part of the third, but resisted further payment, stating its policy was to pay for an initial test and one follow-up “as a matter of custom and practice and a courtesy to its members.” The carrier took the position that an exposure has the potential to harm but does not constitute an injury until such time as objective medical findings showed it had produced a harmful change in the human organism.
Here’s How the Court Ruled
In Kentucky Employers Safety Assoc., v. Lexington Diagnostic Center, 2009 Ky. LEXIS 80 (May 21, 2009), the Supreme Court of Kentucky held that being splattered in the face and eye with foreign blood or other potentially infectious material is a traumatic event for the purposes of KRS 342.0011(1), that the presence of blood in the eye constitutes an exposure as defined in 29 CFR 1910.1030(b), which shows a harmful change in the human organism, i.e., the introduction of foreign blood or potentially infectious material into the worker’s body. The court stressed that appropriate medical treatment included not only treatment for the injury’s immediate effects, it also included treatment to help determine if the exposure produced harmful changes not evident immediately or to address such changes. Additionally, what treatment was reasonable and necessary depended on the circumstances, said the court. (workersxzcompxzkit) The court concluded that the ALJ did not err in finding that the worker sustained an injury and that the carrier was liable for reasonable and necessary medical treatment, including both the initial treatment and post-exposure prophylaxis.
See generally Larson’s Workers’ Compensation Law §§ 5.05, 29.03, 42.01, 51.02, 51.06, 55.01, 55.02, 94.03.
Author: Tom Robinson, J.D.
Tom Robinson, J.D. is the primary upkeep writer for Larson’s Workers’ Compensation Law (LexisNexis) and Larson’s Workers’ Compensation, Desk Edition (LexisNexis). He is a contributing writer for California Compensation Cases (LexisNexis) and Benefits Review Board – Longshore Reporter(LexisNexis), and is a contributing author to New York Workers’ Compensation Handbook(LexisNexis). Attorney Robinson is an authority in the area of workers’ compensation and we are happy to have him as a Guest Contributor to Workers’ Comp Kit Blog. Tom can be reached at: compwriter@gmail.com.
http://law.lexisnexis.com/practiceareas/Workers-Compensation
Click on these links to try it for yourself.
WC Calculator: www.ReduceYourWorkersComp.com/calculator.php
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WC 101: www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Migraine headaches are very common and can lead to injuries at work. Before puberty, boys have them more often than girls but after puberty the women catch up and pass, affecting 18% of woman and 6% of men. Many migraine suffers are unaware their headaches are migraine, and many never seek medical treatment. People may have more than one kind of headache, so it is important to sort out which symptoms are associated with which kind of headache. They are so common, your wellness program should incorporate migraine information.
Common misconceptions about migraine include:
1. The idea that all migraine headaches are associated with visual disturbances, called an aura.
2. The belief that only headaches lasting several days and forcing the sufferer to remain in a dark, quiet room are migraines.
3. The idea that migraines are like tension headaches, just a little more severe.
Criteria for diagnosing migraine without aura. A. At least five lifetime headaches lasting between 4 and 72 hours without treatment or between 3 and 72 hours if always treated. B. Any two of the following:
1. Moderate to severe intensity (Moderate intensity interferes with normal activity and limits efficiency, severe intensity prohibits normal activity.)
2. One-sided (Pain is limited to or notably worse on one side.)
3. Aggravated by activity such as climbing stairs.
4. Pounding, pulsating, or throbbing characteristic more than rarely.
C. At least one of the following:
1. Nausea or vomiting more than rarely
2. Both
a. Sensitivity to light (Photophobia) and. b. Sensitivity to sound (Phonophobia).
D. At least one of the following:
1. History, physical, and neurological examination suggest no organic disorder;
2. One or more of the following history, physical, or neurological examination suggest an organic disorder that is later ruled out;
3. Organic disorder is present, but migraine attack doesn't occur for the first time in close temporal relation to the disorder.
If you have an aura, criteria for diagnosing migraine with aura are:
A. At least 2 attacks fulfilling criteria B through D, below. B. Aura consisting of at least one of the following, but no motor weakness:
1. Fully reversible visual symptoms including positive features (e.g., flickering lights, spots or lines) and/or negative features (e.g., loss of vision)
2. Fully reversible sensory symptoms including positive features (e.g., pins and needles) and/or negative features (e.g., numbness)
3. Fully reversible dysphasic speech disturbance
C. At least two of the following:
1. Homonymous visual symptoms and/or unilateral sensory symptoms
2. At least one aura symptom develops gradually over 5 minutes and/or different aura symptoms occur in succession over 5 minutes
3. Each symptom lasts more than 5 and less than 60 minutes
D. Headache fulfilling criteria B through D (above) Migraine without aura begins during the aura or follows aura within 60 minutes E. Not attributed to another disorder.
Author: Sanford S. Leffingwell, M.D., MPH, FACOEM is a board certified specialist in occupational medicine, with degrees from Harvard University, University of Colorado School of Medicine and The Johns Hopkins School of Hygiene and Public Health. He can be reached at ssl@hlmconsultants.com. www.HLMConsultants.com
Click on these links to try it for yourself.
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php
WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different so do not implement any cost containment procedures until you have discussed them with your corporate counsel. Your individual doctor must treat medical issues. We are not giving medical advice; this is an overview of wellness topics, not medical advice.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Weight Control: Manageable Ideas Problems associated with overweight workers often cause injuries to be prolonged and workers' comp claims to be more expense. As part of your workers' comp management program, consider integrating a wellness program. Here are a few easy-to-integrate ideas from Dr. Sandy Leffingwell.
1. A book titled The Way To Eat: A Six-Step Path to Lifelong Weight Control, By David Katz, M.D. and Maura Gonzales (see footnote 1), a nutritionist, is excellent. The authors are not into fad diets, but have put together a collection of simple ways of changing what you eat to achieve a healthier diet. The authors are aware weird diets are not sustainable and heroic diets while taking weight off, don't keep it off. They know a diet leaving you hungry will not last. They understand people with weight problems are rarely the gluttons most thin people imagine them to be. They explain how tastes are formed (indeed, how the tendency to like the same things is an innate survival instinct) and suggest ways in which tastes can change to adapt to a healthier life style. One example is whole milk vs. skim milk. Many people accustomed to whole milk find skim (workersxzcompxzkit) milk watery, blue and generally disgusting. The authors' standard proposition is: "Grit your teeth for one month and use nothing but skim milk. At the end of the month, drink exactly one glass of whole milk, and see how you like it." Almost without exception, people find it unpleasantly thick and greasy, preferring the skim milk they have newly grown accustomed to.
2. Restaurants stay in business by making their customers feel happy when they are at the restaurant and as they leave. If you walk out the door happy, you will come back even if, fifteen minutes after you leave, you feel bloated and say "I can't believe I ate the whole thing." They regularly serve oversize portions, even without your requesting "supersize me." A steak dinner with mashed potatoes and a side of fried onion may have enough calories to sustain a mountain climber for two days – not joking. If you must eat out often, learn to look for inherently low-calorie foods and even ask for a half or two-thirds sized portion. You may pay for a regular serving but remember, if you eat more than you need, it is worse than waste (It's waist?) Another technique is before starting your meal, request an extra plate and remove a portion to take home. If necessary, emphasize to the server the tip depends in part on seeing to the smaller portion.
Author: Sanford S. Leffingwell, M.D., MPH, FACOEM is a board certified specialist in occupational medicine, with degrees from Harvard University, University of Colorado School of Medicine and The Johns Hopkins School of Hygiene and Public Health. He can be reached at ssl@hlmconsultants.com. www.HLMConsultants.com
Click on these links to try it for yourself.
Do not use this information without independent verification. All state laws are different so do not implement any cost containment procedures until you have discussed them with your corporate counsel. Your individual doctor must treat medical issues. We are not giving medical advice; this is an overview of wellness topics, not medical advice.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
A Message Employers Can Send Employees When communicating with employees make it clear the company immediately investigates each accident when it occurs to determine the root cause and to identify corrective measures. And, will be on the alert for both minor extensions of days out of work and outright fraudulent claims. (From: Workers' Comp Kit Blog, April 2009. Review the 25 "Red Flags" of Fraud on our blog). What Happens When Fraud is Committed? Is It Worth It?* Two More Cases Case Three: As an employee of a paint company filed a claim for benefits, saying he injured his back, left shoulder and knee after falling from a ladder. The claimant testified under oath at a workers' compensation board hearing he had not worked anywhere since the date of his accident. He also submitted signed statements stating he had not returned to any form of work. An investigation, conducted by the states fraud department and WC board fraud inspector found one month after his accident he was observed working at a house on a painting job for the home owner paid him $1,400. The claimant received more than $13,000 in workers' compensation benefits during the period he claimed he was unable to work. Now in prison on unrelated charges he may have painted himself into a tight corner as he was charged with committing fraud against the states insurance fund for allegedly lying about his ability to work in at workers' compensation hearing. He faces felony charges of offering a false instrument for filing, insurance fraud, grand larceny, violating workers' compensation law and perjury. Case Four: A fish salesman received more than $60,000 in workers' compensation benefits allegedly while running his own business. An investigation, found the defendant was allegedly self-employed as the owner of a fish farm while receiving benefits totaling $66,100 for a work-related back injury. Investigators found the defendant signed documents stating he had not returned to work during the time of his claim. He faces felony charges of violating the workers' compensation law, fraudulent practices and offering a false instrument for filing. *Extracted from original cases. Names and places omitted for privacy. These cases are a generic representation of what happens when fraud is committed in workers' compensation claims. Author: Dave Thomas is editor of Daily Insurer Blog. Dave has kindly granted us permission to make use of information from his blog site pertaining to worker's compensation issues. Visit him at http://dailyinsurer.blogspot.com/ for more information on the articles appearing here. Click on these links to try it for yourself. WC Calculator www.ReduceYourWorkersComp.com/calculator.php TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php WC 101 www.ReduceYourWorkersComp.com/workers_comp.php Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
Weight Control: Manageable Ideas
1. Give yourself time to adjust to new foods. A preference for familiar foods is a positive survival characteristic; if the red berries didn’t make you sick last week, they probably won’t make you sick this week; but if you’ve never tried the blue berries, you want to be careful. If you try the blue berries a few times without getting sick, you may come to like them.
2. Remember your mother telling you “Don’t eat before dinner. It will spoil your appetite?” If you are very hungry at dinnertime, a light snack in late afternoon may do just that for you and make it easier to eat less at mealtime.
3. One pound is about 3,000 calories. That is, if you take in 3,000 more calories than you burn, you will gain a pound; if you burn 3,000 calories more than you take in, you will lose a pound. Dutch pretzels have about 100 calories. Eat one a day more (workersxzcompxzkit) than calories burned and gain a pound a month; 12 pounds a year; 60 pounds in five years. Try to cut down on the high-calorie foods first, but don’t overlook the little things.
4. Although it is difficult to exercise enough to lose weight without controlling diet, some exercise can add up over time. If you are at a stable weight using diet, increasing exercise by 100 calories per day will yield 10 to 12 pounds per year loss.
5. Keeping a diary of what you eat for about a week is often helpful. Make an entry each time you eat anything — even one peanut. Write down: (1) the date and time, (2) what and about how much you ate. (It doesn’t have to be precise, a rough statement is adequate.) (3) how you felt at the time, (4) what you were doing since the last entry.
a. The time helps us figure out if there are patterns to hunger. Sometimes, for example, a light snack an hour or two before a meal quells hunger so you can eat less at mealtime and still feel comfortable.
b. What and how much helps us (1) to spot foods higher in calories than you realize and alert you to the danger and (2) to assess the overall caloric intake.
c. How you felt at the time gives clues to the reasons for eating. A person who reports waking up frequently at 2:00 or 3:00 a.m. with a gnawing hunger relieved by a bowl of ice cream may have an ulcer. Treating the ulcer makes better sense than fussing about the ice cream. A person who reports feeling intense hunger, to the point of shakiness, about 11:00 a.m. or 4:00 p.m. may be experiencing reactive hypoglycemia. That can be managed without increasing caloric intake, but you need to know that’s the problem. A person who reports, “I had a standing rib roast. I wasn’t really hungry, but everybody in the group was eating the same thing,” needs better friends.
d. What you were doing since the last entry helps figure out how fast you are burning calories. As said above, it is harder to control weight effectively by increasing exercise than by limiting intake, but exercise is important to health in other ways and can help if you are also working on intake.
If you keep this type of diary, it may be best for the first week to simply record without allowing the recording to change what you do. A patient several years ago agreed to keep such a diary and she came back several weeks later 15 pounds lighter. She said she would start to eat something, then think “If I eat this, I’m going to have to write it down,” and refrained. One can’t quarrel with how it worked for her, but it can also be useful to know what the baseline is.
Author: Sanford S. Leffingwell, M.D., MPH, FACOEM is a board certified specialist in occupational medicine, with degrees from Harvard University, University of Colorado School of Medicine and The Johns Hopkins School of Hygiene and Public Health. He can be reached at
ssl@hlmconsultants.com. www.HLMConsultants.com
Do not use this information without independent verification. All state laws are different so do not implement any cost containment procedures until you have discussed them with your corporate counsel. Your individual doctor must treat medical issues. We are not giving medical advice; this is an overview of wellness topics, not medical advice.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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Steps in a Well-Designed Plan The Maxco story concludes with these last three steps. In future blogs we will explore in more detail and depth some of the internal and externals tools, forms, and practices Maxco implemented to make their workers' compensation cost cutting effort so successful across all divisions. Safety Management No workers' compensation cost control program is complete without an effective loss control program and an in-plant safety program. While MaxCo has a good loss control program, it also realizes there will still be claims from time to time, and each division has to be prepared to properly manage these inevitable claims. MaxCo utilizes the services of its insurance broker's loss control subsidiary and has loss control inspections at every facility several times a year. Home office personnel follow up on these audits and spend time with the division personnel reviewing workers' compensation claims and safety procedures. Each division is encouraged to have an active safety committee, a workers' compensation coordinator, and an incentive program to reward safe performance. In some states, a safety committee and other safety loss control activities are mandatory. Performance Goals The results of MaxCo's program are measured in three ways: severity rate, return-to-work ratio and cost per employee, with goals as follows:
- The severity rates should be below 40-100, depending on the industry groups.
- Return-to-Work ratio: 70 percent to 90 percent of injured workers should return to work within 10 days after an accident.
- The cost per employee should be below $300.00 or half the industry average. Industry averages are based on 2009 RIMS Benchmarking Survey.
One of the most effective tools to use is a list ranking all of the divisions by how well they are doing on their workers' compensation costs compared to all other divisions. Know as a "Best to Worst" list, it's an effective tool because no division wants to have the worst record and it creates peer pressure to improve the rankings. (A sample of the "Best to Worst" list can be found on the website.) Workers' Compensation ‘Helpline" Of vital importance to the success of the program is the continued assistance and monitoring from the corporate office, know by MaxCo as its workers' compensation "Helpline." MaxCo reviews the insurance division's loss runs and claims reports on an ongoing basis and contacts each division periodically to discuss strategy for resolving each claim. MaxCo also is available to its divisions when they have questions about the claim strategy being using. MaxCo wants to ensure each division becomes familiar with using a variety of claim resolution strategies. There are many "roadblocks" which can occur in each claim, and each division needs to understand the process of how to eliminate these "roadblocks." Author: Robert Elliott, J.D. Sign up for the online newsletter at www.ReduceYourWorkersComp.com to become familiar with workers' compensation issues. Click on these links to try it for yourself. WC Calculator www.ReduceYourWorkersComp.com/calculator.php TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php WC 101 www.ReduceYourWorkersComp.com/workers_comp.php Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com �
NO! Maritime workers are covered under The Jones Act, a very complex set of maritime laws governing how seamen and maritime workers may receive compensation for injuries occurring while serving on vessels at sea. Originally enacted in 1920 as The Merchant Marine Act, The New Jones Act was passed by Congress and signed into law in 2006.
The Jones Act is not workers’ compensation, although they are often confused. Neither is it Longshore and Harbor Workers’ Compensation Act (LHWCA).
First, the Jones Act is only for maritime workers who qualify. They qualify if they meet this standard:
“Any worker who spends less than 30 percent of his time in the service of a vessel on navigable waters is presumed not to be a seaman under the Jones Act. An action under the Act may be brought either in a U.S. federal court or in a state court. The seaman/Plaintiff is entitled to a jury trial, a right which is not afforded in maritime law absent a statute authorizing.” U.S. Supreme Court, Chandris, Inc., v. Latsis, 515 U.S. 347, 115 S.Ct. 2172 (1995).
Second, maritime workers may be compensated for work related injuries due to negligence of the ship owner, captain or crew members. Benefits may be paid not only for the actual injury, but also, time off work, medical bills, occupational therapy, pain and suffering (current and future), to list a few. (workersxzcompxzkit) And, interestingly, compensation is often higher than “normal” workers’ compensation benefits.
Third, seek legal advice. Before filing a claim several important things must be considered. Is it a claim for The Jones Act, Workers’ Compensation or Longshore and Harbor Workers’ Compensation Act (LHWCA)? There are in excess of 25 different worker categories covered by the Jones Act. Determining where a worker fits under this very complex and changing maritime law is really the job for a qualified maritime attorney. Benefits, time and money may be lost if filing mistakes are made.
Author: Robert Elliott, J.D.
Click on these links to try it for yourself.
WC Calculator www.ReduceYourWorkersComp.com/calculator.php
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WC 101 www.ReduceYourWorkersComp.com/workers_comp.php
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
What is Cross-Reference Testing? Cross-reference testing consists of a family of tools for use in physical therapy, industrial rehabilitation and athletic training facilities and may be useful in evaluating workers out on workers' compensation to assess their readiness to return to a transitional duty assignment or full duty employment. How Does It Work? The repeated measures is one of the most basic tenets of science. During testing, experienced claimants are often able to successfully reproduce various physical measurements (hand strength or lifting, for example) not actually reflecting their "best effort." The result may very well be inflated case management costs. To combat this testing "flaw" using "distraction-based testing" whereby activities are repeated in non-obvious ways proves helpful in objectively classifying a valid effort. In the past 20 years, at least 25 published studies show the most commonly used indices of effort (coefficient of variation, bell curve and rapid exchange grip testing) are inaccurate in classifying effort during hand strength assessment. In fact, these methods fail to detect feigned weakness approximately 30% of the time. A more accurate result is reached using a hand strength assessment using the standard Jamar force gauges in a repeated measures protocol where the distraction in the protocol is the inclusion of trials involving simultaneous testing of both hands. (workersxzcompxzkit) In a large controlled study, classification of effort was 99.5% (199 proper classifications in 200 tests). For the past 25 years, the "state of the art" for assessing effort during a lifting assessment is the "visual estimation of effort," a practice opening the door to unnecessary litigation. To overcome this problem a Lever Arm is used in a repeated measures protocol. The claimant's demonstrated physical maxima using unmarked steel bars are compared to the same lifts performed on a simple lever arm system. Persons attempting guess the actual workloads have a very low probability of controlling the outcome of the test. The result is a report providing comparisons of actual physical measurements rather than firmly-help opinion of the test administrator. Author: Darrell Schapmire, MS of X-RTS Software Products & Testing Devices develops distraction-based tests for use in functional capacity evaluations. He can be reached at dschapmire@yahoo.com. Web: http://www.xrts.com/. Click on these links to try it for yourself. WC Calculator www.ReduceYourWorkersComp.com/calculator.php TD Calculator www.ReduceYourWorkersComp.com/transitional-duty-cost-calculator.php WC 101 www.ReduceYourWorkersComp.com/workers_comp.php Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
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