National Edition Banner March 2010
Vol 2, Issue 30

Find Solutions & Strategies                                 July 25, 2011

Monkey Slip and Fall LargerSpinal Cord and Nerve Root Injuries  

 

The most frequent cause of occupational spinal injuries is falls

In This Issue
-SPINAL CORD INJURY
-LARSON'S SPOTLIGHT: 5 RECENT CASES: Suicide, Third Party Settlement, Disfigurement, Undocumented Worker, Mental-Mental Claim
-BLOGS @ LEXISNEXIS WORKERS' COMP COMMUNITY: Fraud, AMA Guides Sixth, MO case
-MSP COMPLIANCE BOOK
-NATIONAL NEWS
-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From The Editor
Robin Kobayashi 2010

Dear WC Professionals:

 

Thanks to Dr. Maureen Miner for updating the spinal cord and nerve root injury chapter in Occupational Injuries and Illnesses.
 
If you haven't signed up yet for this free enewsletter, simply send your full name and email address with your request for the national enewsletter.
 
Sincerely,
Robin E. Kobayashi, JD
LexisNexis Editorial Content & Product Development
State Jurisdiction & Reciprocity
Football

Did the Florida Legislature Fumble in Trying to Limit Workers' Comp Coverage for Pro Football Players?

 

The Florida legislature thought it had found a way to keep players in Florida from scoring in the California workers' compensation end zone. But  there could be a potential flaw in Florida's new reciprocity statute.

 

To purchase the article at the LexisNexis Bookstore, click here.

spinal cord & nerve root injuries

The trunk and spine are more often injured in work accidents than any other part of the body.

 

The spinal cord, nerve roots and cauda equina ("horse's tail", a tail-like structure at the bottom of the spinal cord) are encased and protected by the bony spinal column and the supporting ligaments that run along its length. At each segmental level, two spinal nerve roots emerge from the spinal cord and pass through openings between the vertebrae that are known as intervertebral foramina.

 

The spinal cord is divided into 31 segments, each with a pair of anterior (motor) and dorsal (sensory) spinal nerve roots. On each side, the anterior and dorsal nerve roots combine to form the spinal nerve as iCauda Equinat exits from the vertebral column through the neuroforamina. The spinal cord extends from the base of the skull and terminates near the lower margin of the L1 vertebral body. Thereafter, the spinal canal contains the lumbar, sacral, and coccygeal spinal nerves that comprise the cauda equina. Therefore, injuries below L1 are not considered spinal cord injuries because they involve the segmental spinal nerves and/or cauda equina (cauda equina syndrome). Spinal injuries just proximal to L1, above the termination of the spinal cord, often involve a combination of spinal cord lesions and spinal nerve injuries (conus lesions). Read more.

Larson's spotlight: 5 recent cases you should know about

5 spotlightLarson'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. 

 

Tom Robinson thumbnail 

 

 

 > Read the summaries & court decisions

 

 

1. NY: Police Scientist's Suicide in Connection With Faulty Lab Work May Be Compensable

 

2. CT: Subrogated Employer's Acceptance of Third-Party Settlement Proceeds Does Not Necessarily Mean It Has "Consented" to Settlement; It May Proceed Against Defendants for Additional Damages

 

3. AZ: Worker Who Loses Teeth Is Entitled to PPD Benefits Whether or Not There is Disfigurement

 

4. FL: Judge's Decision to Require Undocumented Worker to Produce Tax Return, Rather than Offer Oral Testimony, as to its Filing, Was Error

 

5. MS: Blacksmith Fails to Establish "Mental-Mental" Claim; Affidavit of Deceased Co-Worker Was Admissible to Counter Blacksmith's Allegations of Hostile Environment 

blogS at the lexisnexis workers' comp law community
Fraud SignWorkers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (7/21/2011) - Lake Erie Jolly Roger Restaurant Company Owner Lets Workers' Compensation Coverage Lapse, by LexisNexis Workers' Compensation Law Community Staff. Read it.

 
Robert RasspShould California Switch to the AMA Guides Sixth Edition?, by Robert G. Rassp, Esq. A no holds barred commentary on the AMA Guides Sixth Edition: The facts, flaws, shortcomings and controversies. Read it
 

Martin KlugMO: Commission Rejects "Illegal Alien" Defense, by Martin Klug, Esq. Read it.
how to achieve medicare secondary payer compliance

 MSP Red CC 

The Complete Guide to Medicare Secondary Payer Compliance

Jennifer C. Jordan, Esq., Editor-in-Chief

To order, go to www.lexisnexis.com/Medicare.

 

Medicare Secondary Payer Compliance is an elusive area of law - tucked away in various public laws, statutes, regulations and CMS guidance materials.

 

Worse, many people don't realize that the CMS approval process for MSAs is voluntary-and carries an inherent cost.

 

That's why you need this all-in-one handbook ...

 

Authored by the leading expert in the field of the MSP, "The Complete Guide to Medicare Secondary Payer Compliance" is the only available resource written by an industry insider with a deep understanding and practical knowledge about this highly complex and evolving area of the law.

 

For the first time, you'll find all relevant pieces of the law in one accessible place. And by understanding what CMS wants-and why it wants it-you'll be better able to:

Take control of your insurance settlements

Avoid pitfalls, delays and penalties

Comply with reporting requirements

 

You'll also learn that CMS' preference may not be the only way to achieve MSP compliance.

 

Attorneys agree! This is the first comprehensive resource for achieving Medicare Secondary Payer Compliance.

  

"Ms. Jordan and her contributors provide concise, practical analysis of the multiple layers and nuances of Medical Secondary Payer compliance. The Guide is a valuable resource for plaintiff and defense counsel, as well as insurance carriers, employers, and third party administrators."

 

- Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, New York. 

 

"The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."

 

- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP). 

 

"I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."

 

- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia. 

 

"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."

 

- Brad Bleakney, Esq., Bleakney & Troiani. Read his complete review at Illinois Workers Compensation blog.
 

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.

 
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Implementation of the MMSEA reporting program is underway. Don't wait to order!

> Read more about the contents (1,350 pages). List Price: $179



 

national news
state news

CA: Legislature Passes Joint Resolution (AJR 12) Calling Upon Congress to Pass Medicare Secondary Payer Reforms.

CA: Governor Appoints Rosa Moran as DWC Administrative Director.

CA: 75 NFL Veterans' Lawsuit Alleges League's Mismanagement of Players' Concussions.

CA: DWC Now Accepting Applications for Upcoming QME Examination.

CA: State Fund Appoints New Medical Director: Dr. Bernyce Peplowski.

CA: Judge David Hettick Named Workers Compensation Judge of the Year by State Bar.

CA: Adam Dombchik Named Applicant's Attorney of the Year by State Bar.

CA: Alan Canfield Named Defense Attorney of the Year by State Bar .

CA: Carrie Nevans to Receive Posthumous Lifetime Achievement Award by State Bar.

FL: Physician Dispensing Continued Driving Up Workers Comp Drug Costs in Florida, WCRI Study Says.

FL: CFO Appoints Watchdog to Serve as Florida's Insurance Consumer Advocate.

GA: BWC Provides Instructions, New Format for Board Tracking Number.

ID: IC Plans Six Public Meetings to Explain Fee Schedule Changes.

IL: Governor Appoints 12 to Workers Comp Advisory Board.

IL: Workers Comp Advisory Board Begins Selection of New Arbitrators.

IL: "Bloodletting" of Comp System Post-Reform Begins.

IL: IWCC Says Dept of Insurance Is Establishing Preferred Provider Program Approval Process.

IL: NCCI Files 8.8% Loss Cost Decrease for Illinois Employers.

IL: Complaints Filed Against Two Workers Comp Lawyers for Inappropriate Discussions With Arbitrator.

IL: Judge Rules Safety National Must Pay Thermos' Defense Costs; Ruling Distinguishes Employers Liability From Workers Compensation.

IA: Labor Leader Decries Governor's Blame of Workers Comp Commissioner for Drop in Rankings.

IA: DWC Posts Updated Mileage Reimbursement Rate.

LA: Workers Comp Medical Guidelines Now Effective.

MI: Governor Appoints Timmons to Board of Magistrates.

NE: WCC Posts Notice on Filing Fees for Appeals to Judicial System.

NY: Insurance Superintendent Approves 9.1% Increase in Workers Comp Loss Cost Rate.

NY: WCB Chairman Reports to Governor, Legislature on Status of Insolvent Group Self Insured Trusts.

NC: Workers Comp Death Claims Denied for Families of Men Found Dead in Manhole.

NC: Industrial Commission Sides With School Principal Shot in Face While En Route to Work.

NC: Industrial Commission Adopts New Electronic Transcripts Policy.

NC: Rate Bureau Posts Notice of Changes to NCCI's Basic Manual for Workers Comp.

OH: BWC Administrator Marks First Six Months.

OH: BWC Launches Facebook, Twitter Accounts.

OK: Governor Seeks to Woo Chicago-Based Businesses to Oklahoma.

PA: L&I Posts Notice of Appeals of Fee Review Determinations.

SC: WCC Proposes Rule Changes to Medical Payments.

TX: Governor Appoints Eleanor Kitzman as New Insurance Commissioner.

VA: Court Rules Injured Worker Must Pay for Own Hot Tub.

WV: Insurance Commission to Issue Decision in Mid-August Regarding Workers Comp Rate Reduction.

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spinal cord, continued...

Spine 

The cervical (neck) spine is the most flexible part of the vertebral column and has the least protection. Generally, however, the cervical spinal canal is at least 30 percent larger in diameter than the cord within it, allowing most patients to sustain a fair amount of dislocation without damage to the cord.

 

By contrast, the thoracic (in the chest area) spine is strongly fixed to the ribs and much less flexible, requiring a great deal of force to dislocate it, and the thoracic canal is not much larger in diameter than the cord.

 

CAUSES OF INJURY

 

Falls in the Workplace. Important causes of spinal cord injury in the workplace are falls, motor vehicle accidents, being hit by falling objects, explosions and crush injuries. The most frequent cause of occupational spinal cord injury is falls, which, in a Colorado study, were found to cause 50 percent of all occupational spinal cord injuries; in a Texas study, falls comprised 44 percent of all such injuries. Being hit by a falling object caused 18.9 percent of injuries.

 

Construction Industry. Falls were particularly likely to occur in the construction industry, with its risk of falling from one level to a lower one. In fact, 41.9 percent of occupational spinal cord injuries happened to workers in this industry. This is consistent with the fact that the construction industry has the highest overall injury rate of all sectors. Other than falls, hazards in this industry include collapse of structures and trenches, and proximity to large machines, such as earth movers, that can back up and hit workers on the ground or tip over and crush the driver.

 

Motor Vehicle Accidents. By contrast with the 50 percent figure for nonoccupational spinal cord injury, motor vehicle accidents comprised only 18.9 percent of occupational cases in Colorado. These accidents occurred when the victims were delivering products or services or driving between work sites. Occupational motor vehicle accidents also occur at shipping and receiving departments, in parking lots, on roadways around factories and railroad sidings, and in the operation of trucks, tractor-trailers and earth-moving equipment.

 

Other Causes. Other causes of occupational spinal cord injury in Colorado were skiing, gunshot wounds and stabbings. The occupations of the victims included professional/ managerial, clerical/sales, service, farming, fishing, forestry, processing and bench work, in addition to construction. Injury rates in the manufacturing sector are high (though not as high as in construction), due to risks such as contact with moving machinery, crane loads striking workers, falls from trestles or ladders, explosions of gases, vapors or other inflammable substances, and falling objects.

 

PREVENTION OF INJURY

 

Injury Control Programs. Prevention of spinal cord injury in the workplace requires incorporation of injury controls into the design of plants and equipment. Industrial hygiene involves recognition of occupational hazards, then taking measures to control them. This is often achieved through a formal occupational safety program concerned with preventing accidents. Important components of such a program include the following:

  • a safety committee whose members come from the entire work force;
  • the presence of emergency medical facilities on site;
  • an inspection program designed to recognize hazards in the worksite (frequently this is made a responsibility of the safety committee); and
  • investigations carried out following accidents for the purpose of developing measures to prevent recurrence, observing patterns of work flow, environmental conditions, and levels of stress to which workers are subject.

Recognition of Hazards. The best method for recognizing materials and processes that may result in harm to workers is to carry out inspections of the workplace. Safety engineers have developed models of "good practice" to prevent injury. Examples would be proper construction of scaffolding and use of ladders that conform to codes on construction sites. During a "walk-through survey," therefore, safety committee members would observe whether actual work practices conform to the model, as well as the effectiveness of control measures. They would also inspect equipment.

 

Control of Hazards. Control of workplace hazards includes controls on human behavior as well as preventive maintenance of equipment such as motor vehicles. One type of control on behavior is administrative controls, such as creating safe pathways through the workplace, scheduling dangerous operations at times when the fewest number of workers are present and forbidding individuals without proper training to enter such a worksite.

 

Another important element of hazard control is educating workers to understand hazards and training them in safe operating practices. Occupational Health and Safety Administration standards mandate specialized training programs for workers who operate particular types of equipment, such as forklifts, cranes or powered punch presses.

 

Control of work practices may require continuous supervision. In the case of workers who will operate vehicles, the safety program may include screening of workers or job applicants and ongoing medical surveillance.

 

© Copyright 2011 LexisNexis. All rights reserved. This article was excerpted from Occupational Injuries and Illnesses, Ch. 18, Spinal Cord and Nerve Root Injuries.

ENEWSLETTER ARCHIVES
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

July 18, 2011: Hearing Loss Burden of Proof

http://archive.constantcontact.com/fs077/1102828640660/archive/1106538861976.html 

July 11, 2011: State Workers' Comp Ball of Confusion: AIA's Position on WC Issues

http://archive.constantcontact.com/fs077/1102828640660/archive/1106459756640.html

July 5, 2011: Pulmonary Embolism and the Homebased Worker

June 27, 2011: Medicare Secondary Payer Congressional Testimony

http://archive.constantcontact.com/fs077/1102828640660/archive/1106170037219.html 

June 20, 2011: Out of Network Pharmacies; Home Office Injuries

http://archive.constantcontact.com/fs077/1102828640660/archive/1105986262081.html 

June 13, 2011: Off-Label Drugs

http://archive.constantcontact.com/fs077/1102828640660/archive/1105759563348.html 

June 6, 2011: Transgender Issues

http://archive.constantcontact.com/fs077/1102828640660/archive/1105773492324.html 

May 31, 2011: Cell Phone Distractions

http://archive.constantcontact.com/fs077/1102828640660/archive/1105697648150.html

May 23, 2011: FECA Reform Proposals; Benefits Review Board Update

http://archive.constantcontact.com/fs077/1102828640660/archive/1105575780840.html

May 16, 2011: Full Face Transplant; Medical Foods; P&C Industry Trends

http://archive.constantcontact.com/fs077/1102828640660/archive/1105506640276.html 

May 9, 2011: State of the Line; Workers Comp Trends

http://archive.constantcontact.com/fs077/1102828640660/archive/1105406865560.html 

May 2, 2011: Prescription Drug Abuse

http://archive.constantcontact.com/fs077/1102828640660/archive/1105306219674.html 

April 25, 2011: Radiation Exposure; Medical Fee Schedules

http://archive.constantcontact.com/fs077/1102828640660/archive/1105243933380.html

April 18, 2011: FECA Reform

http://archive.constantcontact.com/fs077/1102828640660/archive/1105151454598.html 

April 11, 2011: NCCI's 2011 Workers' Comp Issues Report

http://archive.constantcontact.com/fs077/1102828640660/archive/1105054845597.html 

April 4, 2011: Workers' Comp Centennial

http://archive.constantcontact.com/fs077/1102828640660/archive/1104945262995.html

March 28, 2011: Medicare Secondary Payer Reform Legislation; LHWCA Comp Rates

http://archive.constantcontact.com/fs077/1102828640660/archive/1104894130984.html 

March 21, 2011: Triangle Shirtwaist Factory Fire

http://archive.constantcontact.com/fs077/1102828640660/archive/1104811663296.html 

March 14, 2011: Medicare Set-Aside & Special Needs Trust; Union Battle

http://archive.constantcontact.com/fs077/1102828640660/archive/1104742747659.html 

March 7, 2011: 50 State Labor Law Ranking; Illegal Aliens & Workers Comp

http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html 

February 28, 2011: Union Battle

http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html 

February 21, 2011: Erectile Dysfunction in Workers Comp Claims

http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html 

February 14, 2011: Workers Comp Notable People 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html 

February 7, 2011: Workers Comp Centennial; NCCI's Gauging the Economy

http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html 

January 31, 2011: Medicare Set-Aside Allocations; Workers Comp Soft Market

http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html 

January 24, 2011: Sex, Lies & Videotape - Injured Worker

http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html 

January 17, 2011: FECA & Workers Comp Waste; Medical Residents; AMA Guides

http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html
January 10, 2011: Top 10 Bizarre Cases for 2010

http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html 

January 3, 2011: Depression and Delayed Recovery

http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html 

 

ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE.

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