CA: DWC Adjusts OMFS (DME, Prosthetics, Orthotics and Supplies) to Conform With Medicare Payment System.

CA: DWC Posts Increased Mileage Rate for Medical Travel Expenses Effective 7/1/2011.

CA: CAAA Asks DWC to Block Medical Network Charges, Says SCIF Is Interfering With Doctors' Medical Care.

CA: Calif Dept of Public Health Experiences Second Major Data Breach in Six Months, Involves Workers Comp Documents.

CA: Governor, Democrats Reach Budget Deal Without Renewed Tax Hikes.

CA: Governor Makes Appointments: Special Counsel to Labor Commissioner, Deputy Chief for Health, Div. of Occupational Safety and Health.

CA: CHSWC Releases for Public Comment: EAMS Information Technology Needs Assessment Report.

CA: 5th DCA Almaraz Case: State Fund Files Petition for Review With Supreme Court.

CO: Governor Announces New Insurance Commissioner.

FL: DWC Announces Rule Hearing on FL Workers Comp Health Care Provider Reimbursement Manual.

IL: Governor Signs Workers Comp Reform Bill.

IL: Senator Says Workers Comp Reforms Fall Short, Won't Prevent Fraud.

IL: Small Business Says Workers Comp Reforms Won't Control Costs.

IL: Illinois State Medical Society Says Flawed Workers Comp Reform Bodes Ill for Injured Workers.

IL: Menard Prison Guards Receive Permanent Disability Awards After Returning to Work.

LA: Bill to Allow Second Injury Fund Annual Lump Sum Allocation Sent to Governor.

ME: Governor Signs Bill for Study on Definition of Employee for Purposes of Taxes, Benefits.

MD: Matthew N. Weirich Appointed Board Member of Kids Chance of Maryland.

MA: High Court Allows Workers Comp Claimant to Sue AIG for Malicious Prosecution.

MA: WCRIBMA Posts Official Assessment Rates for Policies Effective 7/1/2011.

MO: Second Injury Fund Cuts Off Payments for New Permanent Total Disability Awards.

NH: NHDOL Increases Weekly Maximum Benefit.

ND: High Court Denies New Trial for Former State Workers Comp Director.

OH: Governor Signs Bill Allowing Guns in Bars.

PA: Governor Signs Bill to Expand Workers Comp Coverage for Certain Business Entities.

SC: WCC Seeks Candidates for Director of Insurance and Medical Services.

SC: AG Says Workers Comp Fraud Claim Reports Over $8M in 2010.

TX: Special Session HB 23 Would Allow Public Employee to Bring Retaliatory Claims.

TX: WCIRB Study Analyzes Impact of Preauthorization on Medical Care in Texas.

TX: TDI/DWC Proposes Rule Changes Concerning Utilization Review Agents.

UT: Industrial Accidents Division Assumes Role of Issuing Workers Comp Waivers.

Iowa: Knight v. American Bottling Company, 2005 IA Wrk. Comp. LEXIS 80.  A deputy workers' compensation commissioner (commissioner) determined that the truck driver developed compensable deep vein thrombosis (DVT); the commissioner noted that the medical evidence demonstrated both that sitting for long periods while transporting cargo was a substantial factor in the driver developing the DVT and that personal characteristics such as moderate obesity and adult onset diabetes were not adequately significant to affect the workers' compensation rights of the driver.

Oregon: In the Matter of Bergmann, 2010 Or. Wrk. Comp. LEXIS 192. The Administrative Law Judge (ALJ) who determined the nature of the pulmonary embolism for which the long-haul truck driver requested workers' compensation benefits determined that that condition related to an accidental injury, rather than an occupational disease despite the driver's work requiring prolonged sitting. The ALJ reasoned that the embolism-related symptoms manifested and worsened soon after the driver was exposed to cold weather and ice. The ALJ added that there were not any preexisting conditions within the meaning of that term in Or. Rev. Stat. § 656.005(24)(a). The Workers' Compensation Board (Board) affirmed that the embolism did not relate to an occupational disease, noting that "an occupational disease results from conditions that develop gradually over time." The Board compared that requirement to the testimonies of a cardiologist and of the driver that the embolism stemmed from a more sudden unusual work situation in the form of exposure to the bad weather described above.  

South Dakota: Johnson v. East West Motor Express, Inc., 2001 SD Wrk. Comp. LEXIS 2.  An administrative law judge (ALJ) determined that the long-distance truck driver's hereditary risk factor for developing blood clots did not affect the driver's right to workers' compensation benefits for pulmonary emboli; the ALJ referred to a pulmonary specialist's and a hematologist's testimonies that the driver hanging her legs over the truck's seat while sitting for intervals of between four and six hours was a "major contributing factor" to the deep venous thrombosis that resulted in the emboli. The ALJ noted as well that the medical evidence referred to above and similar proof showed the driver met the requirement under S.D. Codified Laws § 62-1-1(7) of demonstrating that her "employment or employment related activities are a major contributing cause of the condition" for which workers' compensation benefits were requested.

Virginia: Luckscheiter v. Warner Lambert Company/Agouron Pharmaceutical, Inc., 2002 VA Wrk. Comp. LEXIS 1569. A hearing officer determined that the scientist was entitled to workers' compensation benefits for a compensable ordinary disease of life regarding a pulmonary embolism that she attributed to long work-related flights and day-long meetings. The Workers' Compensation Commission (Commission) affirmed the hearing officer's decision. The Commission concluded that the scientist's pulmonary embolism and related deep venous thrombosis (DVT) did not meet the definition of an "occupational disease" under Va. Code § 65.2-400 because the scientist did not show that her frequent flights placed her at a greater risk than the general public of developing a DVT. The Commission noted that the general public "participates in prolonged air travel" for reasons other than business trips. The Commission stated as well that it was undisputed that a DVT was an ordinary disease of life to which people were exposed outside of their work. The Commission added that the scientist showed both that she did not have relevant preexisting conditions or other non-compensable harm and that prolonged work-related sitting on planes and meetings contributed adequately to her condition to support awarding benefits for a compensable ordinary disease of life.

Editor's Note: Lexis.com subscribers can link to the cases above. With the exception of the published Ohio case cited above, the rest of these cases are Board decisions. While board decisions are not binding precedent, they often deal with cutting edge issues. As such, they are summarized here for informational purposes.