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Find Solutions & Strategies January 3, 2011 |
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 Depression and Delayed Recovery
Depression is the "elephant in the room" for many workers' compensation injuries | |
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| A Note From the Editor |  | Dear WC Professionals:
2011 is a pivotal year for the workers' comp industry with nine states celebrating their workers' compensation centennial. In addition, March 25, 2011 marks the 100th anniversary of the Triangle Shirtwaist Factory Fire, the deadliest industrial disaster in the history of New York City. We'll be covering all of these events throughout the year.
Sincerely,
Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
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Workers' Comp Profile | |
 Work Comp Complex Care Blog, published by Total Medical Solutions. This Blog leads the way in providing thought provoking insight into the complex problems that confront employers and workers' compensation claimants who must deal with ongoing, long-term medical care. Yvonne Guibert provides well written analysis and recommendations on issues such as obesity, cancer-causing chemicals, smoking, musculoskeletal and connective tissue disorders, chronic pain, and physical therapy, and the impact of such medical issues on the participants and the workers' compensation system. The Blog is a 2010 honoree of the LexisNexis Top 25 Blogs for Workers' Compensation.
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Workers' Comp Videos | |
listen to videos or read transcripts on:
NY Treatment Guidelines Medicare Secondary Payer Work Comp Analysis Group Executive Roundtable Session | |
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| featured article | |
 Depression and Delayed Recovery for Workers' Compensation Injuries, by Stephen Levit, M.D. Depression is the "elephant in the room" for many Workers Compensation injuries. It is a major psychosocial diagnosis, yet frequently overlooked, often ignored as if it did not exist.
Depression can be the cause of severe personal and social consequences. And when unrecognized and untreated it is associated with delayed recovery after injury, resulting in significant economic loss to all involved parties, the patient, the employer and the insurer.
The prevalence of depression in the United States has been estimated at nearly 6% in any given year. As a lifetime relevance issue (the proportion of individuals in the population that at some point in their life have experienced the disorder or condition up to the time of assessment), the prevalence rises to nearly 14%. Thus, at any given time, between 6 and 14 out of 100 individuals in a work force might have a diagnosis of depression. > Read more.
Important Notice: This article is provided free of charge to eNewsletter subscribers through January 31, 2011, after which is available for a fee only on the LexisNexis services. |
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| how to use this enewsletter | |
 Rely on this eNewsletter for a quick, week-at-a-glance of the top stories nationwide in workers' compensation as well as to find news and blogs for your state.
Use Social Media - Facebook, LinkedIn, Twitter, etc. - to push your favorite news items & articles to your colleagues.
Forward this eNewsletter to your clients and colleagues. |
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| Larson's spotlight: 5 recent cases you should know about | |
Larson's Spotlight reports noteworthy workers' comp cases each week. This list was c ompiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.
1. OK: Injured Worker Was Not "Innocent Victim" of Horseplay; Claim Isn't Compensable 2. DC: Illegal Alien is Covered Employee for Workers' Compensation Purposes and Inability Legally to Return to Work Does Not Defeat Disability Benefits 3. NM: Employee's Delay in Reporting Work-Related Sexual Assault Does Not Defeat Claim For Benefits 4. WA: Federal "Economic Realities Test" Should Be Used to Determine Independent Contractor Status 5. AL: Worker Entitled to Nonscheduled Award Where in Addition to Ankle Injury, He Suffered From Chronic Pain and Depression |
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| top 10 must-reads in the blogosphere & Beyond | |
 NEW FEATURE: We recommend the following workers' comp-related articles recently posted in the Blogosphere and Beyond:
1. Can an MSA Be Used for Medical Expenses Incurred Outside the USA?, by MEDVAL, LLC, The Official Medicare Set Aside Blog.
2. Top 10 California Workers' Comp Events in 2010, by Julius Young, Workers Comp Zone.
3. Fourteen Steps Employers Can Take to Manage Workers Compensation Claims, by Rebecca Shafer, Workers Comp Kit Blog.
4. The Benefits Package is Here, by Evan Falchuck, See First Blog.
5. The Benefits Package No. 2, by Evan Falchuk, See First Blog.
6. The top work comp stories of 2010, by Joe Paduda, Managed Care Matters (see Dec. 27, 2010 post)
7. Making Sense of Fatigue, by Julia L. Newton & David E.J. Jones, Occupational Medicine.
8. OSHA Investigates Dangerous Broadway Show That Injured Several Workers, by Philip J. Fulton, Columbus Workers' Compensation Law Blog.
9. Chronic Lyme Disease: A Dubious Diagnosis, by Patricia Callahan & Trine Tsouderos, Chicago Tribune.
10. Med Schools Flunk at Keeping Faculty Off Pharma Speaking Circuit, by Tracy Weber & Charles Ornstein, ProPublica.
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| lexisnexis workers' comp notable people - nominations |
Seeking Nominations for 2010 LexisNexis Workers' Compensation Notable People awards. Nominations are being accepted for the categories of Risk Managers, Insurance Professionals, and Industry Vendors.
For details and to post a nomination on the Work Comp Analysis Group on LinkedIn, click HERE. Deadline: January 12, 2011.
Note: You must be a member of the Work Comp Analysis Group on LinkedIn to participate in this nomination process for the three categories listed above. To join the Work Comp Analysis Group on LinkedIn, click here.
LexisNexis will review all nominees and determine the finalists in the above three categories. Automated voting by members of the Work Comp Analysis Group on LinkedIn will occur during the second half of January 2011. |
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| blog round up at the lexisnexis workers' compensation law community |
 Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 12/16/2010. Read it.
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 12/22/2010. Read it.
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, Investigations - 12/30/2010. Read it.
 The Continuing Saga of Provider Certification in Delaware: Baby New Year is Distinguished from Bertha Polk! by Cassandra Roberts. Read it.
Have Yourself a Merry Little Lifrak! (Delaware doctor fined under new statute), by Cassandra Roberts. Read it.
 Pennsylvania : The Real Diehl, by Kevin L. Connors, DuffyConnors LLP. Read it.
 Texas: Recent Appeals Panel Decision Provides Clarification With Regard to the SIBs Application Process, by Stuart Colburn. Read it.
Texas: PBM Discounts After January 1, 2011, by Stuart Colburn, Downs Stanford PC. Read it.
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how to achieve medicare secondary payer compliance
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Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
 "Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."
"An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law."
- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc. Read her complete review at Workers Comp Kit Blog.
There are many people who don't understand that the Centers for Medicare and Medicaid Services' approval process of a Medicare set-aside arrangement is voluntary and carries  an inherent cost. In fact, many of the decisions that need to be made in a settlement negotiation are risk management decisions rather than being truly Medicare Secondary Payer-oriented. Once you understand why CMS wants what it wants, you will realize that its preference may not be the only way to achieve MSP compliance. The Complete Guide to Medicare Secondary Payer Compliance, Jennifer C. Jordan, Editor-in-Chief, will help you take control of your insurance settlements. > Read more about the contents (1,350 pages). List Price: $179
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 | New! 2010 Edition -
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| what's new in larson's workers' compensation law |  Lexis.com subscribers to Larson's Workers' Compensation Law can link to the chapter discussion below. Find out more about how to become a Larson's online subscriber by contacting: Robin.E.Kobayashi@lexisnexis.com.
Kentucky's "Clear and Convincing" Evidence Requirement Relating to Certain Pneumoconiosis Claims Held Unconstitutional. In Gardner v. Vision Mining, Inc., 2010 Ky. App. LEXIS 69 (Apr. 9, 2010), the Kentucky Court of Appeals, in a divided opinion, held unconstitutional Ky. Rev. Stat. § 342.316, to the extent that it requires a coal workers' pneumoconiosis ("CWP") claimant to come forward with clear and convincing evidence in order to overcome the consensus of a three-physician panel who have reviewed the claimant's chest x-rays and indicated the claimant did not have the condition. The claimant contended in relevant part that the "clear and convincing evidence" standard for coal workers sharply contrasted with the prevailing standard applied to workers seeking compensation for other pneumoconiosis claims such as exposure to limestone, various particulates, talc, and graphite. In its majority opinion, the court agreed, indicating that it was unreasonable and improper to impose more onerous procedural and substantive burdens on coal workers than on others. The majority indicated that the only distinction between CWP claimants and other pneumoconiosis claimants was the source of the disease. In all other respects, the disease process and the nature, extent and duration of the disease were the same. Imposing more onerous procedural and substantive burdens on coal miners was unreasonable and, therefore, unconstitutional. [See Ch. 52, § 52.03[3][a] n22 (Digest)] |
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