Evidence-Based Medicine Can Be Hazardous to Your Health, by Robert G. Rassp, Esq. The current trend across the country is to require evidence-based medicine for treatment of employees who are injured on the job. Statutory and regulatory mandates are emerging on a state-by-state basis. Stakeholders within the workers' compensation community are not that familiar with the term "evidence-based medicine" or "EBM" and how it applies in establishing medical treatment for injured workers.

This article provides an explanation from a medical-legal standpoint as to what EBM is and its possible limitations in requiring it in work related injury claims in some jurisdictions. The use of the term "evidence-based" has medical as well as legal ramifications. The point of view expressed here merges medical treatment, medical research, and legal considerations for mandating EBM in clinical practice for the treatment of injured workers. California law will be used to demonstrate the mandate for use of EBM in its workers' compensation system. Read more. 

PA: Where Occupational Disease Manifested Outside 300-Week Prescription Period, Civil Action Against Employer Not Barred by Exclusivity. In a split decision, the Supreme Court recently held that claims for an occupational disease, in this case mesothelioma resulting from asbestos exposure, which manifested outside the 300-week period prescribed by the Workers' Compensation Act did not fall within the purview of the Act, and, therefore, the exclusivity provision...read more.

NY: Divided High Court Awards Carrier Full Credit to Settlement Proceeds Where Worker Was Assaulted, Raped, Kidnapped. A workers' compensation carrier, who paid benefits to an aide at a juvenile detention center who was physically assaulted, raped, and kidnapped by a coworker, is entitled to take a dollar-for-dollar credit against future workers' compensation benefits owed where...read more.

TX: Court Affirms Retaliatory Discharge Judgment. An appellate court recently affirmed a judgment on a jury verdict of more than $100,000 in favor of a former employee who filed a retaliatory discharge action against the former employer. The employer contended the employee was terminated pursuant to a "uniformly enforced, cause-neutral absence control policy"-the time limit for his FLMA leave had expired...read more.

IL: AWW Should Not Include Self-Employed Income From Piano Lessons Offered in Claimant's Home. An appellate court recently held that the state's Workers' Compensation Commission incorrectly calculated the claimant's average weekly wage under 820 ILCS 305/10 by including profits from claimant's self-employment-providing piano lessons in her home...read more.