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Vol. 4, Issue 28

Find Solutions & Strategies                               July 15, 2013

Hearing LossTinnitus and Injury to the Ear
 
Is it more of an injury than we think?
In This Issue
-TINNITUS & EAR INJURY
-TINNITUS & AMA GUIDES
-LARSON SPOTLIGHT: Preexisting condition, Self-procured surgery, Compromise and release
-NEWSROOM BLOGS
-LAW360 HEADLINES
-NATIONAL, STATE-BY-STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Robin Kobayashi 2010 
Dear Work Comp Community:
  
Thank you to Steven M. Birnbaum, Esq. for his most informative article on tinnitus. Tinnitus sounds like some food frying in a pan, or like a washer machine, or even like the roar of a jet taking off inside your head. It's enough to make anyone go crazy.
 
To sign up for this free weekly eNewsletter, click here. To read past issues, access the archives.

 

Sincerely,
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Law360: Get Breaking News 
Law360 
tinnitus and injury to the ear

StevenBirnbaumInjury to the Ear, Tinnitus: Is it More of an Injury Than We Think? Are We Missing Something Here? by Steven M. Birnbaum, Esq. Section 908(a)(13) defines compensation for disability under the Longshore and Harbor Workers' Compensation Act and prescribes that "Determinations of loss of hearing shall be made in accordance with the [AMA Guides] as promulgated and modified from time to time by the American Medical Association." Yet, nowhere in the act itself, is there any mention of tinnitus or the laws of equilibrium. The AMA Guides do in fact deal with...Read more.

tinnitus and ama guides

Tinnitus and Hearing Loss: Noteworthy AMA Guides Cases, compiled by Thomas A. Robinson. Each year in the medico-legal treatise Occupational Injuries and Illnesses (LexisNexis), we survey court decisions involving the AMA's Guides to the Evaluation of Permanent Impairment. Here are some interesting cases involving tinnitus and hearing loss where the AMA Guides were applied...Read more.

larson's spotlight: preexisting condition, self-procured surgery, compromise and release

Tom Robinson thumbnailLarson's Spotlight on Recent Cases, by Thomas A. Robinson, JD 

 

Nebraska: Shoulder Injury Claim Fails Where Claimant's Condition was the Natural Progression of Preexisting Torn Rotator Cuff. In Nebraska, if a workers' comp case involves a preexisting condition, the claimant must prove that the claimed injury or disability was caused by the claimant's employment and that it was not merely the natural progression of a condition present before the employment...read more.

 

Tennessee: Payment for Self-Procured Surgery Allowed Where Aborted Surgery by Panel Physician Almost Kills Injured Employee. Read more.

 

Delaware: Police Officer's Cardiac Symptoms Caused by Preexisting Condition, Not Burglary Investigation. Read more.

 

United States: Comp Claimant's Execution of Compromise and Release Containing General Release Barred Subsequent Federal Action. Read more.

lexisnexis legal newsroom workers' comp blog posts

CassandraLara's Theme...and a Victory for her Daddy in this DE Compensability Case, by Cassandra Roberts, Esq. Read it. 

 

  

 

 

Keith KasperVermont Workers' Compensation Update: April to June 2013, by Keith J. Kasper, Esq. Read it.

 

 

 

  

Fraud SignWorkers' Comp Fraud Blotter: If you can't deliver the mail, you can't deliver the pizza. Read it and other news items. 

law360 headline news
national & State news

National and State-by-State News on the Free Web:

 

Workers Compensation Analysis Group Reaches 20,000 Members on LinkedIn.

Fitch: WC Insurance Market Improving, Expected to Lead to Robust Revenue Growth.

ALLSUP Study Examines Injury and Illness Cases Using a Cross-State Comparison.

GAO Releases July 2013 Report on Federal Employees' Compensation Act.

House Committee Questions DOL's Proposals for FECA Reform.

MSHA 2012 Data Shows Lowest Mining Death and Injury Rates.

NIOSH Study Examines Effectiveness of Security Measures for Taxi Cab Drivers.

CDC Study Examines Overdose Deaths Among Women 1999-2010.

 

AZ: IC Posts Latest Average Monthly Wage Statutory Maximum.

CA: CDI Announces Settlement w/Zurich re Improper Use of WC Insurance Agreements.

CA: Baker Approves Alternative Security Program, Frees Up $7.7B to Support Business.

CA: Lawmakers Reach Compromise on Pro-Athlete Workers Comp Bill.

CA: Dodgers, Giants Back Limitations on Pro Athlete Workers Comp.

CA: WCAB Issues 15-Day Notice re Modified Proposed Amendments to WCAB Rules.

CA: WCIRB to Roll Out Phase 2 of STAR Operating System.

DE: OWC Revises Agreement as to Compensation Paid Form.

DC: AIA Testifies in Support of District of Columbia's Prescription Drug Monitoring Bill.

FL: DWC Posts FAQs re Reimbursement of Dispensed Repackaged Drugs.

HI: Dept of Labor to Hold Public Meeting re Changes to WC Ins. Cancellation Rules.

IL: Dept of Insurance Posts WC Fraud Unit 2013 Annual Report.

KS: Union Leader Provides Names of 9 Workers Comp Judge Applicants.

MD: WCC Posts New Motion to Compel Medical Authorization Form Eff. 7-22-2013.

MO: Governor Signs Bill to Revive Second Injury Fund.

NJ: Lottery Employees Seek Workers Comp for Exposure to Moldy Tickets.

NY: WCB Outlines Coverage Requirements for Boros Taxis.

NY: Reporter Questions Medical Expert's Length of Exam of Injured Worker.

OH: BWC Announces $30M in WC Rebates for Lima Region.

OH: BWC Announces $69M in WC Rebates to Lucas and Nearby Counties.

OH: BWC Announces $124M in WC Rebates to Montgomery and Nearby Counties.

OH: BWC Announces $142M in WC Rebates to Hamilton and Nearby Counties.

OR: Medical Advisory Committee Posts Agenda for July 19 Meeting.

RI: Dept of Business Regulation Approves 7.4% Voluntary Loss Cost Increase.

TX: TDI Reports Impact of Texas Pharmacy Closed Formulary.

VA: Southwest Virginia Workers' Compensation Bar Association Receives Award.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2013 and prior...warning - some links to articles may not work...report any linking problems to [email protected].

July 8, 2013: Compound Drugs and Meningitis Outbreak.

July 1, 2013: Comparing Workers'  Comp and General Healthcare Costs.

June 24, 2013: Ambulatory Surgical Centers.

June 17, 2013: Generic Drug Pricing Transparency.

June 10, 2013: Opioid Management Strategies.

June 3, 2013: Women on the Verge: Menopause Symptoms in the Workplace.

May 28, 2013: Union Carve Outs.

May 20, 2013: Update From the Benefits Review Board.

May 13, 2013: Killing Our Workers.

May 6, 2013: Oklahoma Opt Outs and ERISA.

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