LexisNexis Workers' Compensation eNewsletter

Tom Robinson thumbnail Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.

> Read the case summaries and court decisions.

#1 OH: Employee's Failure to Disclose Her Activities as Psychic/Tarot Card Reader Was Grounds for Finding of Fraud

#2 AL: Employee's Work Day May Have Already Begun at Time of Auto Accident; Claim Might Not be Barred by Going and Coming Rule

#3 DE: Evidence Supports Finding That Employee's Lung Cancer Was Caused by Years of Smoking, Rather Than Asbestos Exposure

#4 LA: Third Circuit Again Strikes Down Preferred Provider Organization Discounts in Connection With Workers' Compensation Cases

#5 NJ: Under "Appropriate" Circumstances Underinsured Motorist Carrier May Have Subrogation Interest in Employee's Intentional Wrong Action Against Employer

blog round up

Fraud Sign

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 8/5/2010. Read it.

Diabetes Epidemic in America as Cost Driver in the Workers' Comp System, by Stuart Colburn. Read it.

national news

> CPCU Society Warns Employers to Become More Proactive to Combat Soaring Workers' Comp Costs
> Prescription Drug Monitoring Compact Nears Completion
> CorVel Posts 2Q Revenue and Earnings
> Workers' Comp Insurers Seek Texting Bans to Prevent Work-Related Car Accidents
> American Financial Group Posts 2Q and Six Month Results
> Old Republic and PMA Capital Report on Status of Their Merger
> Crime Stoppers USA and NICB Partner to Fight Insurance Crime
> York Risk Services Group, Inc. Acquires Great Western Administrators, Inc.

state news

> AZ: SCF Arizona Tops Claims Management Ratings
> CA: DWC Medical Unit Clears Qualified Medical Evaluator Panel Request Backlog
> CA: SCIF Wins Several Awards for Communication and Outreach
> CA: WCIRB Violates Open-Access Agreement with Department
> CA: DWC Announces Physician Fee Schedule Stakeholder Meeting
> CA: Judge Grants Certification in Newspaper Carrier Misclassification Suit
> DC: Court Says Injured Ex-NHL Hockey Player Can Bring Claim Under Workers' Comp Act
> KY: AG Rules State Police Violated KEMI's Open Record Request
> NV: Division of Insurance Workers Sick From Pigeon-Infested Building
> NJ: Elimination Of Individual Claim Reports
> NJ: Racing Commission Proposes To Readopt Rules To Ensure WC Insurance For Horse Racing Employees
> NY: Gov. Signs 83 Bills Into Law
> NY: WCB Proposes Circular Letter About WC Security Fund
> OH: BWC's New Fee Schedule Payment Methodology Examined
> OR: WCD Clarifies Allowable Fee Discount In WC
> OR: WCD Uses E-Storage For Claim Documents
> MO: Breast lost from cold chicken job, claimant asserts
> TX: Court Rules Extent of Injury and Medical Necessity Require Determinations by DWC, Not a Jury
> VA: SCC Sets Hearing On WC Premium Level Adjustments

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Rehabilitation. Until comparatively recently, the industrial accident problem had two major phases: prevention and cure. In recent years, however, the spotlight has turned to a third: rehabilitation. Chapter 95, which discusses this important concept has been updated and revised. As pointed out within the chapter, the conviction is gradually gaining ground that the compensation job is not done when the immediate wound has been dressed and healed. There remains the task of restoring the person to the maximum usefulness that he or she can attain given the physical impairment. Rehabilitation is usually seen as a special form of restitution.

Complications of Initial Injury. A Georgia appellate court, in City of Atlanta v. Roach, 297 Ga. App. 408, 677 S.E.2d 426 (2009), held that a worker who sustained third-degree burns when he fell asleep using a heating pad to relieve pain in his hip that earlier had been fractured in a work-related auto accident, was not entitled to additional benefits; the second injury was not causally connected to the first. The Board determined that the burn did not result from prescribed medical treatment and was not a natural consequence of the hip injury. See Ch. 10, § 10.02 n.10.

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