National Banner 2012 Chess Board
Vol. 5, Issue 10

Find Solutions & Strategies                                       March 10, 2014

Carpal Tunnel Syndrome
  
New study claims no association exists between CTS and occupational computer use
In This Issue
-CARPAL TUNNEL SYNDROME
-CONNECTICUT WC COSTS
-LARSON'S SPOTLIGHT: Exclusive Remedy, Compensable Claim, Illegal Drugs, Wrongful Death
-CALIF. CENTENNIAL
-BLOGS: Statute of Limitations, Traveling Nurse
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
Larson's Desk Edition (3 vols.)

 347 cover 2

ORDER TODAY

For 20% discount, use Promo Code
JCM164146 on checkout.
A Note From the Editor
Dear Workers' Comp Community: 
  
Keep up with the ever-changing world of workers' comp. Join our community today. Sign up here for our free eNewsletter. 
  
Robin Kobayashi 2010Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
WCRI Conference

2014 WCRI Annual Issues & Research Conference

 

March 12-13, 2014

Boston Park Plaza Hotel & Towers

Boston, MA

 

 VIEW THE AGENDA

 

Order here

Enter Promo Code JCM164146 to receive 20% discount

 

"Monitoring the constant wave of legislative activity across this nation is one thing. Making it clear and understandable is quite another. Lexis has done an excellent job of both with the 'Workers' Compensation Emerging Issues Analysis'. Their choice of local experts is superb, and they provide both clear recap and commentary, giving clarity to what was, legislatively, a very tumultuous year."

 

-Robert H. Wilson, President & CEO, WorkersCompensation.com, LLC

 
carpal tunnel Syndrome

New Study Claims No Association Exists Between CTS and Occupational Computer Use

 

By Teresa McLoughlin Rice, Esq.

  

The computer is now ubiquitous in our workplaces. But does all that keyboarding, typing, mouse clicking and mouse dragging cause or contribute to Carpal Tunnel Syndrome ("CTS")? Given the prevalence of both occupational computer usage and diagnosed cases of CTS, this topic generates a lot of debate. However, "popular belief" notwithstanding, the scientific data developed to date does not show an association between the two...read more.

connecticut workers' comp costs

Larson Advisory Board member Stephen C. Embry, Esq. testified at a legislative hearing last week.

 

Stephen Embry
Last week the Connecticut legislature held hearings on workers' compensation costs, with insurance industry representatives testifying that the costs are rising and thereby threatening jobs. But the "ghost of the day", according to Stephen C. Embry, was mental injuries, particularly like those arising from the Sandy Hook elementary school massacre. "I pointed out that the costs arose from injuries and death and that all that was left was a decision as to who should pay those costs -- the workers who could no longer work or the corporation that benefited from their labor," says Embry. "Since the 1980s we have been engaged in a massive income redistribution scheme to redistribute wealth from workers to managers. Workers' compensation 'reforms' have been a major part of this scheme....read more.
LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

 

Tom Robinson thumbnailNew York: No Exclusive Remedy Defense for Alleged Videotaping of Lifeguards Changing Into Bathing Suits. A New York court has found, in relevant part, that the exclusive remedy defense may not be maintained by a former employer in a civil action filed against it by plaintiffs, all former lifeguards at the defendant's parks, alleging that...read more.

 

Nebraska: Failure to Follow Doctor's Orders Defeats Otherwise Compensable Claim. A Nebraska appellate court has affirmed a decision by the state's Workers' Compensation Court that limited an injured employee's medical benefits to the costs of his first medical appointment where it found that...read more.

 

Arkansas: Injured Worker Successfully Rebutted Statutory Presumption Related to Illegal Drugs. As is the case in a number of other jurisdictions, if an Arkansas worker tests positive for, among other things, marijuana metabolites, following a work-related injury, the employer enjoys a rebuttable presumption that...read more.

 

Virginia: Real Estate Developer Subject to Wrongful Death Action for Contractor's Employee. In a split decision, the Supreme Court of Virginia held that the trial court erred when it sustained a plea in bar and dismissed a wrongful death action filed against a property owner by the estate of...read more.

california workers' comp centennial
Thought Leaders Speak the Truth About the Social Bargain and Constitutional Goals
 
Karen C. Yotis, Esq., our Resident Feature Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

Karen YotisThe centennial celebration of workers' compensation in California 1914-2014--coming as it does in the midst of the prolonged and difficult implementation of SB863--provides a convenient opportunity to take a long look back, a careful look forward, and ask some tough questions about the last 100 years of supposed progress and reform in the Golden State. So that's exactly what we did...We approached a diverse group of California workers' comp thought leaders  to survey what they really thought about the performance of California's social bargain between workers and employers....read more.

calif. workers' comp centennial survey

eNewsletter subscribers can access the full survey responses here.

lexisnexis legal newsroom blogs
CassandraLeaving on a Jet Plane: DE Superior Court Allows 5 Year SOL for Claims Initially Recognized Elsewhere, by Cassandra Roberts, Esq. Read it.  
  
  
  
  
  
Martin KlugMissouri: Auto Accident Renders Traveling Nurse Totally Disabled, by Martin Klug, Esq. Read it.
   

EFFECTIVE STRATEGIES FOR MEETING MSA OBLIGATIONS (online course)

 

Jen Jordan March 2010 thumbnail  

Instructor: Jennifer C. Jordan,  Esq.
Editor-in-Chief of
The Complete Guide to Medicare Secondary Payer Compliance (LexisNexis)
 
national & state news

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

 

Travelers Becomes Largest WC Insurer, Liberty Mutual Falls to Second Place.

Benign Neglect: Is Failure to Follow Doc's Advice Fatal to Injured Worker's Claim?

White House Seeks $2M to Hire More Judges at OALJ.

Workers Comp Matters Examines Impact of Medical Marijuana in the Workplace.

RAND Study Examines National Security Implications of TRIA Expiration.

PCI Applauds RAND Study on Dangers of TRIA Expiration.

AIA Cites RAND Study for Need to Extend TRIA.

Drones Could Investigate Insurance Claims, Lower WC for Hurt Adjusters.

OSHA Extends Comment Period on Standards to Improve Chemical Safety.

OWCP Longshore Division Extends Comment Period on Pre-Hearing Statement.

CA: WCIRB Exec Lowers Expectations for SB 863 Cost Savings.

CA: Calderon/Drobot Scandal Could Involve $500M in Overbilling to WC Insurers.

CA: Calderon/Drobot Case Could Involve Ex-CEO of Tri-City Medical.

CA: Senate President Proposes Sweeping Reforms of State Ethics, Campaign Laws.

CA: DWC Posts Adjustment to OMFS Inpatient Hospital Section.

CA: WCIRB Classification & Rating Committee to Meet March 18.

CA: Dept of Insurance Posts Feb 2014 Workers Comp Rate Filings.

CA: Roundup of Legislative Bills Filed for Private Sector Employment.

CT: Legislative Committee Passes Mental Stress Bill.

CT: WCC Posts Latest Medical Protocols for Opioids.

DE: Task Force Considers Having NCCI Handle All Future Rate Filings.

FL: HB 1007 Would Amend Drug Testing, Medical Treatment, PTD and Apportionment.

FL: SB 1580 Would Amend Reimbursement Allowances for Hospital Care.

FL: HB 1351 Would Amend Reimbursement Allowances for Hospital Care.

IL: HB 3470 Would Amend Traveling Workers, Preexisting Conditions, Partial Disability, Etc.

IL: SB 3392 Would Amend Death Benefits for Widows/Widowers Who Remarry.

IN: Fed OSHA Makes 22 Recommendations to Improve Indiana OSHA.

IN: WCB Posts Report of TTD/TPD Electronic Form for Public Testing.

IA: Workers Comp Bill Still Pending as Legislature to Adjourn March 21.

KS: SB 398 Would Address Firefighter, Police Officer Heart Disease Claims.

KY: Senate Passes SB 81 to Clarify Independent Contractors.

KY: SB 136 Would Amend TPD, Limitation of Medical Benefits, Attorney's Fees, Etc.

KY: HB 507 Would Amend TPD, Limitation of Medical Benefits, Attorney's Fees, Etc.

ME: Dept of Labor Opposes Proposed OSHA Regulation for Online Reporting.

MD: Controversy Erupts Over Lawyer/Lawmaker's Role in Pro-Injured Worker Bills.

MI: Blue Cross Blue Shield of Michigan Celebrates 75 Years of Service.

NH: HB 1189 Would Crack Down by Regulating Temp Worker Industry.

NY: AG Announces $4M Settlement With 2 Car Washes for Labor Violations, Underreporting.

NY: Security Guard's Personal Actions at SWCB Not Actionable.

NY: Court Rules WCB Decision Had No Collateral Effect in Personal Injury Action.

NY: SWCB Posts Newly Authorized Health Care Provider List.

OR: WCD Posts Info on Mediation, Settlements, Hearing Rules.

PA: Rating Bureau Approves Loss Costs Decrease of 5.15 Percent Eff. 4-1-2014.

RI: Bill Would Have Workers Comp Court Decide Independent Contractor Status.

TN: Ex-Senator Pleads Guilty in Workers' Comp Fraud Case.

TX: Albert Betts Named Executive Director of Insurance Council of Texas.

TX: Research Agenda Posted for WC Research and Evaluation Group (REG).

UT: SB 55 Would Tighten Laws on Licenses for Drug Dispensing.

UT: Legislature's Top Priorities for Budget Include Workers' Comp Funding.

VA: High Court to Hear "Training Day" Officer Death Case.

WA: GOP Backs Off on Using Boeing Threat for Pushing Workers' Comp Reforms.

COSTScosts, cont.

...Since 1993 workers' compensation premiums have fallen from 1.63% of payroll to 1%, of which about 1/3 goes to workers for cash benefits, around 16 cents an hour. So the costs are minimal, and miserly. Workers who are unable to work due to industrial injuries get about half their wage in benefits but lose their health insurance, pension and get reduced Social Security. Thus, workers bear 60 to 70 percent of the cost and get to keep the injury. The NCCI opposed compensation for psychiatric injuries saying it would cost up to twenty million a year. I noted that amounted to about 20 cents a week per worker. Indeed, the yearly cost of workers' compensation for all of Connecticut workers is about the same as the salaries of 50 CEO's, but we do not often hear CEO compensation described as a cost that is killing jobs, although it is. I explained that I was not against CEO's being well paid, since they work hard for our money, but that it was unreasonable to cut workers' compensation in order to increase CEO compensation."

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

March 3, 2014: Bariatric Surgery: Is It  a Workers' Compensation Medical Benefit

February 24, 2014: M is for Meso

February 18, 2014: Texas Blueprint for How to Lower Workers' Comp Costs

February 10, 2014: Workers' Comp Legal Trends: The World According to Marsh

February 3, 2014: Prescription Drug Monitoring Program.

ACCESS 2010-2013 ARCHIVES AND ARTICLES LIST HERE.

LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.

Privacy & Security Copyright © 2014 LexisNexis, a division of Reed Elsevier Inc. All rights reserved.