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Vol. 5, Issue 25

Find Solutions & Strategies                                         June 23, 2014

The PTSD Dilemma for Workers' Comp Claims
   
Doesn't the employer take employees as it finds them, susceptible to PTSD or not?
In This Issue
-PTSD & WC CLAIMS
-LARSON'S SPOTLIGHT: Surviving Spouse, Retaliatory Discharge, Subrogation, Going and Coming
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
   

 

Dear Workers' Comp Community:

 

June 27 is National Post-Traumatic Stress Disorder Awareness Day. Thanks to Thomas A. Robinson for sharing his insights about the complexities of PTSD claims.

 

Join our community today. Sign up here for our free eNewsletter.

 

Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations

Workers' Injury  Law & Advocacy Group

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the post-traumatic stress disorder dilemma for workers' compensation claims
Doesn't the employer take employees as it finds them, susceptible to PTSD or not? 
 

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

  

Tom Robinson thumbnailIn 2010, reacting to what is generally recognized as a significant national issue, Congress designated June 27 each year as National Post-Traumatic Stress Disorder Awareness Day. Indeed, according to estimates published by The National Center for Post Traumatic Stress Disorder, some 7.8 percent of Americans will experience post-traumatic stress disorder (PTSD) at some point in their lives. Women appear twice as likely to suffer from the condition than men. Among our servicemen and servicewomen, the numbers are even more alarming. As many as 30 percent of the men and women who have spent time in war zones experience PTSD.

 

Because the employer generally takes the employee as it finds him or her, such that all the medical consequences and sequel that flow from the primary injury are compensable, employers, claims administrators, and insurers have begun to view PTSD as an ongoing and difficult challenge to claims management and administration...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 thumbnailPennsylvania: "Widow" Did Not Establish Common Law Marriage by Exchange of Vows in Wyoming: No Surviving Spouse Death Benefits Could Be Recovered. A Pennsylvania appellate court recently affirmed the denial of a petition seeking death benefits under � 307(3) of the state's Workers' Compensation Act...read more.

 

Federal: Work Comp Insurance Adjuster's Retaliatory Discharge Action Fails When Investigation Shows She Padded Resume and Exaggerated Employment Experience. The Sixth Circuit Court of Appeals has affirmed the granting of summary judgment in favor of an insurance company/employer sued for retaliatory discharge by a disgruntled claims adjuster, who contended...read more.

 

Federal: Carrier's Subrogation Claim May Not Be Removed to Federal Court. The Sixth Circuit Court of Appeals held the issue of whether a workers' compensation insurance carrier was entitled to subrogation following a settlement between a third party and the insurance beneficiary employee arose under...read more.

 

Massachusetts: University's Control of Public Street Doesn't Turn Street Into Its "Premises," Injury Claim Barred by Going and Coming Rule. In a decision designated as unpublished, the Appeals Court of Massachusetts held that an M.I.T. employee, who sustained injuries in an accident as he drove his motor scooter home from work...read more.

national & state news

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

 

Federal Judge Appoints Co-Lead Counsel in AIG Work Comp Policyholder Class Action Suit.

Legal Talk Network Discusses Impact of Federal Laws on Workers Comp.

U.S. Supreme Court Gives Public Workers First Amendment Shield Against Retaliatory Firing.

Texas Instruments Meets With Nuclear Workers to Discuss EEOICPA Claims.

AK: Medical Services Committee to Discuss HB 316 WC Fee Schedule.

AZ: AP Reports Civilian Teacher Attacked, Raped in Prison Files Workers Comp Claim.

CA: Kevin De Leon (D) Elected Senate President Pro Tem.

CA: Grand Jury Indicts 15 in Multi-million Dollar Workers Comp Fraud Scheme.

CA: DWC Amends OMFS Hospital Outpatient, Ambulatory Surgical Centers Sections.

CA: Ninth Circuit Rules Home Deliverers Misclassified as Independent Contractors.

CO: DWC Posts 2014 Maximum Benefit Rate.

CO: Employer Agrees to Pony Up $2M for Independent Contractor Misclassification.

HI: Youth Detention Workers Complain of Unsafe Working Conditions, Attacks.

KY: DWC Tells Lawmakers Legislation Needed to Address Unresolved Black Lung Issues.

MA: AP Reports House of Representatives Passes Domestic Workers Bill.

MT: LMAC Considers Proposal to Improve Vocational Rehabilitation for Injured Workers.

NH: Judge Refuses to Issue Summary Judgment Regarding Two Former LGC Subsidiaries.

NJ: LWC Posts New Adjournment and Ready Hold Form.

NY: Families Urge Legislature to Pass Bills to Prevent Prescription Drug Addiction.

NY: Lawmakers Reach Tentative Agreement on Medical Marijuana Pilot Program.

NY: Orange County D.A. Vows Fight Against Violation of Workers Comp, Labor Laws.

NC: General Assembly Confirms Governor's Pick for Industrial Commission.

NC: IC Posts New and Revised Rules Effective 7-1-2014.

OH: Governor Signs HB 493 Workers Comp Omnibus Bill.

OH: Governor Pressured to Make BWC to Reimburse Businesses.

OH: Governor Signs Legislation Allowing Captive Insurance Companies in Ohio.

OR: WCD Publishes Final Rule Repealing Requirement to Use ICD-10.

OR: WCD Amends Benefit Rates Based on Oregon AWW for 2013.

OR: WCD Publishes Fatality Report for 2014 First Quarter.

OR: WCD Proposes Rule Changes to Implement SB 1558 re Self-Insured Employer Groups.

PA: Widow Denied Death Benefits Because Common Law Marriage Not Valid.

SC: WCC Approves New Net Present Value Tables Eff. 6-27-14.

TN: U.S Sixth Circuit Affirms Denial of Claim Adjuster's Wrongful Termination Suit.

TX: Fluor Corp Sues BP Over Workers Comp Claims Related to 2010 Gulf Oil Spill.

TX: Glitches Reported in the DWC Workplace Safety Violations Hotline.

TX: DWC Posts Recent Enforcement Actions.

TX: DWC Posts Latest Discount Rate, Interest Rate.

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 [email protected].

June 16, 2014: Patients, Pills and Profits (Illinois physician dispensing). 

June 9, 2014: Post-Hire Fitness Evaluation

June 2, 2014: The Aging Workforce: Managing Workers'  Comp Costs for the Silver Bunch

May 27, 2014: Prescription Drug Monitoring Programs: Effective or Not?

May 19, 2014: Sitting 9 to 5 in the Workplace: Could We Change That Sedentary Way of Living?

May 12, 2014: Employer-Provided Flu Shots; Benefits Review Board Update

May 5, 2014: Affordable Care Act: A New Body of Law With Lots of Moving Parts

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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