National Edition Banner March 2010
Vol 1, Issue 21

Find Solutions & Strategies                             August 16, 2010

Surveillance Video and Right to Privacy
Pennsylvania court finds surveillance video of injured worker during prayer service did not violate worker's privacy
In This Issue
-FEATURED ARTICLE: Surveillance video & right to privacy
-LARSON'S SPOTLIGHT: Causal Relationship, Accidental Death vs. Suicide, West Nile Virus, Police Recruits Employment Status, Medical Expenses for Future Heart Attack
-BLOG ROUND UP: fraud, workplace, prescription drugs, TX case law, DE heart attack, DE utilization review
-NATIONAL NEWS
-STATE NEWS
-WHAT'S NEW IN LARSON'S: Delayed-action injuries
-LARSON 50% OFF SALE
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi
Dear WC Professionals:
 
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Sincerely,
Robin E. Kobayashi, J.D.

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Workers' Comp Profile

Bruce HamiltonBruce Hamilton, a partner with Teague Campbell Dennis & Gorham, has lectured about workers' compensation law at the North Carolina Bar Association's Workers' Compensation Seminars annually since 1997. He has also been a member of the faculty and speaker at continuing legal education programs produced by the North Carolina Association of Self-Insurers, North Carolina Academy of Trial Lawyers, Wake Forest University, North Carolina Institute of Government and Lorman Institute, He has lectured at each of the North Carolina Industrial Commission's Annual Educational Conferences since 2001, He was a council member of the Workers' Compensation Section of the North Carolina Bar Association from 2001 through 2004, has been listed in the 2001-2009 editions of The Best Lawyers in America, and was chosen by his peers to appear in the 2006-2009 editions of North Carolina Super Lawyers. 

 
featured article

Tom Robinson thumbnail

Pennsylvania Court Rules Surveillance Video of Injured Worker During Prayer Service Did Not Violate Worker's Privacy, by Thomas A. Robinson. An investigator observed an injured worker as he stood inside an Islamic Center near a window and prayed. The investigator stood some 80 yards away and for 45 minutes videotaped the worker by means of a zoom lens.  After the videotape was shown to a workers' compensation judge, the worker filed a tort action alleging invasion of privacy against the investigation firm. Read more.
Larson's spotlight: 5 recent cases you should know about

Tom Robinson thumbnailLarson'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. 

 
#1  AL: Dependent Required Need Not Show By "Clear and Convincing Evidence" That Decedent's Fatal Stroke was Causally Related to Knee Replacement Surgery
 
#2 CT: "Accidental" Ingestion of Massive Amounts of Prescription Pain Killers May Not Have Been Suicide; Causal Relationship to Work-Related Injuries Still Severed
 
#3  NE: Railroad Employee May Proceed With FELA Claim Related to West Nile Virus
 
#4  IL: Police Trainee is Not "Duly Appointed Member" of Chicago Police Force and May Recover Workers' Compensation Benefits Instead of Those Provided by Public Employee Disability Act
 
#5  IN: Prescription Medications to Help Prevent Future "Heart Attack" Are Not Covered Medical Expenses Since Claimant Fully Recovered From Stress-Related Incident
blog round up

Fraud Sign

Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations 8/12/2010. Read it.


workerscompensation.com Gartner Says Work Will Witness 10 Changes During The Next 10 Years, by WorkersCompensation.com. Read it.


Stuart ColburnPrescription Drugs as Cost Driver in the Workers' Comp System, by Stuart Colburn. Read it.

 
Stuart ColburnTexas: Maximum Medical Improvement/ Impairment Rating Appeals Decision No. 100152, by Stuart Colburn. Read it.


Cassandra RobertsUtilization Review in DE: Baranowski case says no UR appeal necessary where DACD Petition for same medical treatment already pending, by Cassandra Roberts. Read it.


Cassandra RobertsHand Me Another Big Mac: Heart Attack During PT Compensable in DE for Jenny Craig Poster Boy, by Cassandra Roberts. Read it.
 
national news
> EMPLOYERS' 2Q Earnings, 3Q Dividend
> Crawford & Company Posts $2.5M Loss in 2Q 2010
> Rising And LUBA WC Growing Into Your Backyard
> Robert L. Pratter Named Acting Insurance Commissioner
> Avizent Introduces New Risk Sharing Captive For Restaurant Industry
> MSHA Files Complaint With Review Commission Over Firing Of Massey Miner
> WCRI: Significant Differences Exist Between State Workers' Comp Medical Fee Schedule Levels and State Medicare Rates
> BP To Pay $50.6M To Resolve US Labor Department Litigation
> Insurance Agents Will Learn The Key To More Sales At IWCP's Symposium 2010; Oct. 3-5, 2010

state news
> AL: New Study Ranks Alabama as Ninth Most Business-Friendly State
> AK: New WC Prescription Drug Regulation Effective July 31
> AK: New Rules Requiring Generic Drugs in Comp Cases Effective 7/31/2010
> AZ: Physicians' & Pharmaceutical Fee Schedule Available
> CA: WCIRB Says 30 Point Rate Increase for Workers' Comp
> CA: CHSWC to Discuss Liens, QMEs, Modification Rating
> CA: Senate Committee Votes to Advance Bill to Rein in Costs for Compound Drugs
> CA: Amended MPN, Employee Information Rules Effective 10/8/2010
> CA: New Study Ranks California Last Place for Seventh Consecutive Year for Business-Friendly States
> CA: DWC Issues 2nd 15-Day Notice Of Revisions To Proposed WC Information System Regs
> CA: Governor Opposes Proposed 30 Percent Hike in Workers' Comp Rates
> CA: DWC Issues Second Notice of Proposed Revisions to Workers' Comp Information System Rules
> CA: Small Companies Band Together to Cut Workers' Comp Costs
> CA: DWC's Amended Medical Provider Network And Employee Information Regulations Were Approved
> CA: DWC Proposes Revision To Ambulatory Surgical Centers Fee Schedule Regulations
> CO: Division of Insurance to Hold Hearings on Pinnacol Assurance Practices
> CT: Hartford Distributor Survivors, Family of Employees Killed in Rampage Could Receive Largest Workers' Comp Payout in 12 Years
> HI: Hawaii Employers Mutual Insurance Co. Receives "A" Rating by A.M. Best Co.
> KS: New Study Ranks Kansas as Seventh Most Business-Friendly State
> KY: Judge Blocks Use of Mine Workers' Comp Funds
> LA: New Study Says Louisiana Most Improved State for Business
> LA: LUBA to Expand Services Into Arkansas and Mississippi
> MD: WCC Extends Emergency Rule for MSAs Through 12/29/2010
> MA: Governor Signs Legislation to Reduce Health Care Costs for Small Businesses
> MI: QAC Accepting Applications For Board Of Magistrates
> MN: Trust That Insurers State's Counties Returns Record $20M Dividend
> MO: Court Lowers Burden For Lawsuit Against Negligent Co-Workers
> MO: New Study Rank Missouri as Tenth Most Business-Friendly State
> NE: New Study Ranks Nebraska as Sixth Most Business-Friendly State
> NY: NYSWCB Revised Proof Of Coverage Penalty Process
> NY: NYSWCB Request WTC Forms By Sept. 13
> NY: WCB Issues POC Manual
> NC: NCRB Makes Minor Revisions To NCCI Basic Manual
> NC: New Study Ranks North Carolina as Fifth Most Business-Friendly State
> NC: Industrial Commission Proposes Rule Changes
> ND: Ex-Workers' Comp  Director Seeks to Reopen Case
> ND: New Report Finds More Workers' Comp Claims Denied
> ND: Gov. Names Tony Weiler New Labor Commissioner
> OH: Industrial Commission Updates Hearing Officer Manual Policies
> OH: House Democrat Seeks to Cut Funding for Ohio Workers' Compensation Council
> OR: DWC Proposed Oregon Medical Fee And Payment Rules
> PA: State Sees 22 Percent Increase in Fraud Complaints for First Half of 2010
> SC: New Study Ranks South Carolina as Fourth Most Business-Friendly State
> SD: New Study Ranks South Dakota as Eighth Most Business-Friendly State
> TX: 47 Percent of Injured Texas Workers Get Medical Bills Paid by Workers' Comp
> TX: Texas Oil & Gas Association Earns $3.5M Dividend From Texas Mutual
> TX: DWC's Report Of Medical Evaluation Available In Chinese And Vietnamese
> UT: New Study Ranks Utah as Second Most Business-Friendly State
> VA: New Study Ranks Top 10 Business Friendly States: Virginia Tops List
> WA: L&I Announces New Efforts To Fight Fraud
> WV: Insurance Commissioner Approves 2.9% Decrease in Loss Costs
> WY: New Study Ranks Wyoming as Third Most Business-Friendly State

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Delayed-Action Injuries; Health Care Worker's Post-Exposure Protocol is Covered by Workers' Compensation.  Continuing a line of cases that generally allow for the recovery of medical benefits where a worker is exposed to blood and other body fluids, yet where there is no actual proof of harm, a Kentucky court recently awarded $700 in medical benefits to a health care worker who was splattered in the face and eye with blood and saline while flushing a patient's I.V. line [Kentucky Employers Safety Assoc., v. Lexington Diagnostic Center, 2009 Ky. LEXIS 80 (Ky. May 21, 2009)].  The worker sought immediate medical attention, at which point the applicable post-exposure protocol required by OSHA was initiated. That protocol required a series of five office visits that included tests for bloodborne pathogens, for a total cost of about $700.00.  While the carrier paid for the first two visits, and part of the third, it resisted further payment, taking 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.  The Supreme Court of Kentucky held that being splattered in the face and eye with foreign blood or other potentially infectious material was a traumatic event for the purposes of KRS 342.0011(1) and that the presence of blood in the eye constituted an exposure as defined in 29 CFR 1910.1030(b), which describes a harmful change in the human organism as, among other things, the introduction of foreign blood or potentially infectious material into the worker's body. See Larson's Workers' Compensation Law, Ch. 29, § 29.03.

 
 
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ENEWSLETTER ARCHIVES
Take a deep dive into our past eNewsletters for 2010...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.
 
August 9, 2010
August 2, 2010
July 26, 2010
July 19, 2010
July 12, 2010
July 6, 2010
June 28, 2010
June 21, 2010
June 14, 2010
June 7, 2010

June 1, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103429848711.html

May 24, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103413363850.html

May 17, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103381311800.html

May 10, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103357743816.html

May 3, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103341205434.html

April 26, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103322693319.html

April 19, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103297165462.html

April 12, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103271969813.html

April 5, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103241142980.html

March 29, 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1103227422480.html

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