The Best News Tidbits from the Workers Comp Community

Get the complete low-down right here. We rounded up the best tidbits of news around the WC community so you don’t have to. It’s all in one place – the Roundtable.

LexisNexis Communities Examines Cases in WC World

Roundtable recommends signing up for the newsletter from Workers Compensation Law Community Powered by Larsons on LexisNexis. They keep current on WC cases and offer many insightful comments. Sign up for the newsletter here and get all this and more in your inbox. Here’s a summary of the articles you’d find there this week [WCx]:

1. Texas Court Ties Injured Worker’s Drug Overdose to Side Effects of Prescription Pain Medication

Thomas A. Robinson writes here, that subsequent injuries are compensable if the result of a compensable primary injury. He says these cases fall into two groups: the cases in which an initial medical condition itself progresses into complications more serious than the original injury and those in which the existence of the primary compensable injury in some way exacerbates the effects of an independent medical weakness or disease. Read his analysis of this Texas case regarding these principles.

2. Unnecessary Litigation in Workers’ Comp Claims Process: Training and Communication Are Key

John Stahl, writes that he recently heard a presentation by Dr. Bogdan Savych of the Workers’ Compensation Research Institute (WCRI) that the goals of the workers’ compensation system included “delivering benefits without too much unnecessary attorney involvement and litigation.” Stahl writes the presentation summarized a WCRI study that examined several reasons why a workers’ compensation claimant hired an attorney and offered strategies for reducing the costs and delays associated with that legal representation.

“The number of claimants who hired an attorney ranged from approximately 8-percent in Texas to more than 50-percent in Maryland. A claimant’s perceptions that pursuing workers’ compensation benefits would adversely affect that person’s employment status and/or that a workers’ compensation insurer denied a claim were the primary identified motivations for hiring an attorney,” he writes. Read more here.

3. Larsons Spotlight Looks at Recent Cases:

Larson’s Spotlight looks at several important court events this week, here.

1. In New York, Cap Imposed by § 15(6) Applies to Periodic Payments of Scheduled Loss of Use Awards in Same Manner as Other Periodic Payments of Disability Benefits.

2. From Virginia, Average Weekly Wage for Inexperienced Roofing Worker Computed on Worker's Share of Sum to be Paid, Divided by 52 Weeks.

3. Also Virginia: Injured Worker Receives YMCA Membership and Mileage for Unsupervised Pool Therapy as Part of His Medical Benefits Award.

4. From Pennsylvania, Slight "Crookedness" of Nose Following Injury Does Not Qualify for Disfigurement Award.

Return To Work Roundtable Opens on LinkedIn

The Workers’ Compensation Roundtable discussion group on LinkedIn has added the Return to Work Roundtable subgroup for people interested in discussing specific ideas, challenges and issues pertaining to the RTW process in Workers’ Compensation. The co-managers of the Workers’ Compensation Roundtable will be joined in the RTW Roundtable by Mike Benishek, Director, Risk Management & Insurance for PTG Management Company. Those interested in joining the group can do so here.

Texas Workers’ Comp System Requiring Subscriptions Now

The Texas Department of Insurance, Division of Workers’ Compensation (TDI-DWC) is now requiring participants to sign up to the TDI eNews by June 1, 2012, when they will begin to distribute news and communications through the TDI eNews.

To continue to receive e-mails from the TDI-DWC, subscribe online here. Mail lists offered, include:

1. Division of Workers’ Compensation eNews Update – Includes Division of Workers’ Compensation related rules, bulletins, educational session and training events and other related news.

2. Safety and Health eNews Update – Includes information on occupational safety and health matters, including safety tips and publications, upcoming training events, training DVD loans, and Occupational Safety and Health Administration (OSHA) updates.

Questions may be directed to [email protected].

Upcoming Cost-Control Webinar from Fisher & Phillips

Fisher & Phillips LLP labor and employment attorneys will present a webinar 2 p.m. June 4 offering employers advice on how to control workers' compensation costs. The presentation will focus on use-loss control and safety programs to prevent injuries from occurring and help employers understand how to best manage claim expenses. The hour long webinar is free, but registration is required. Participation in this webinar has been approved for one hour of HRCI credit. Register here.

Watch Wilson’s One-Minute Video

If you prefer getting your WC news in video format, you are in luck. Bob Wilson from WorkersCompensation.com is reporting on top-read stories here. This week he talks about NCCI, CA DWC and a Tennessee Lineman as well as Shy Bladder Syndrome.[WCx]

Truckers Against Trafficking Informing Drivers What to Look For

Truckers and the travel plaza industry could do a lot to help catch human traffickers by virtue of what they see and where they are. Their website found here can give you the inside scoop on what is happening right here in the U.S. They say, “Human trafficking, a term for modern-day slavery, is a $32-billion worldwide industry with more than 27 million people enslaved. It has been reported in all 50 states, and the number of victims in the United States is estimated in the hundreds of thousands. This website has been created to enable members of the trucking/travel plaza industry and other travelers learn what you can do to help stop this atrocity.”

Note: If your company has any developments you'd like to share, please send them to us at: [email protected]

Author Rebecca Shafer, JD, President of Amaxx Risk Solutions, Inc. is a national expert in the field of workers compensation. She is a writer, speaker, and publisher. Her expertise is working with employers to reduce workers compensation costs, and her clients include airlines, healthcare, printing/publishing, pharmaceuticals, retail, hospitality, and manufacturing. She is the author of the #1 selling book on cost containment, Workers Compensation Management Program: Reduce Costs 20% to 50%. Contact: [email protected].

Editor Michael B. Stack, CPA, Director of Operations, Amaxx Risk Solutions, Inc. is an expert in employer communication systems and part of the Amaxx team helping companies reduce their workers compensation costs by 20% to 50%. He is a writer, speaker, and website publisher. Contact: [email protected].

WORKERS COMP MANAGEMENT MANUAL: www.WCManual.com
MODIFIED DUTY CALCULATOR: www.LowerWC.com/transitional-duty-cost-calculator.php

Do not use this information without independent verification. All state laws vary. You should consult with your insurance broker or agent about workers comp issues.