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Vol. 5, Issue 26

Find Solutions & Strategies                                         June 30, 2014

Early Detection of Occupational Hearing Loss
   
Evaluating an ounce of prevention where there is no cure
In This Issue
-HEARING LOSS
-LARSON'S SPOTLIGHT: Special Errand, Employee Status, Credit, Vocational Rehabilitation
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Hearing Loss

In this week's issue we explore better detection for occupational hearing loss, with commentary from Rebecca Shafer, JD and Leslie J. Hutchinson, MD, MPH, FACOEM.

 

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Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations

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occupational hearing loss - evaluating an ounce of prevention where there is no cure
First-in-its-kind study concludes better testing than that currently mandated could lead to earlier detection of affected workers 
 

By Teresa Rice McLoughlin, Esq.

  

The old adage "what cannot be cured must be endured" most certainly applies to the permanency of hearing loss. Given the fact that there is no "walking-back" on hearing loss, is enough being done in the workplace to detect and prevent harmful exposure? Every day, millions of workers are exposed to potentially harmful noise levels or ototoxic chemicals. The federal government responded decades ago by regulating such matters as noise exposure and audiometric testing in certain industries. However, a recent study concludes that it may be time to update those regulations. Published in the April 2014 edition of the Journal of Occupational and Environmental Medicine, the study Prevalence of Workers with Shifts in Hearing by Industry, A Comparison of OSHA and NIOSH Hearing Shift Criteria, suggests that early indicia of hearing loss is being missed and that more could and should be done to protect aural health....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 thumbnailUtah: Widow's Tort Case Against Co-Worker Barred Under Special Errand Rule. The Supreme Court of Utah affirmed that fatal injuries sustained in a vehicular accident involving an automobile being driven by the decedent's co-worker and in which the decedent was a passenger were sustained in the course and scope of the employment...read more.

 

Federal: Ninth Circuit Says Truck Drivers Were Employees, Not Independent Contractors. Reversing a decision of a federal district court, the Ninth Circuit Court of Appeals held that the totality of the undisputed facts indicated that various truck drivers were employees of defendant...read more.

 

Texas: State Supreme Court Answers Complex Question as to Credit Allowed to Carrier in Third Party Action with Multiple Beneficiaries. Under Texas law, consistent with that in the large majority of states, a workers' compensation carrier has a subrogation interest in a third-party civil action to the extent of...read more.

 

Ohio: Injured Employee Denied PTD Benefits When She Refused Vocational Rehabilitation Services. An Ohio appellate court held that the state's Industrial Commission did not abuse its discretion in considering the employee's refusal to participate in vocational rehabilitation as a...read more.

national & state news

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

 

More Doctors Reviewing Injured Worker's Genetic Makeup When Prescribing Drugs.

Mark Walls Joins Safety National as VP of Communications & Strategic Analysis.

WCRI: Some States Pay 3 Times Amount Paid by Other States to Ambulatory Surgery Centers.

WCRI: Surgeries Performed in ASCs Often Less Costly Than Hospital Outpatient Surgeries.

Fissured Workplace Creates Challenges for Lawyers Looking for Real Employer.

Revised Settlement Announced in NFL Concussion Suit.

AK: Governor Signs HB 141 Regulating Medical Treatment Costs Outside of State.

AZ: State Safety Agency to Investigate Rape of Teacher in Prison.

CA: Specialized Skin Cream Given to Injured Worker Allegedly Killed Her Baby.

CA: Supreme Court Extends Work Protections to Illegal Immigrants.

CA: DWC Posts Updated Time of Hire Pamphlet.

CA: DWC Posts Adjustments to OMFS (Physician, Non-Physician Practitioner Services).

CA: WCIRB Posts Report on 2013 Calif. Workers' Comp Losses and Expenses.

CA: Worker Advocates Claim Legislature "Letting Down" Injured Workers.

DE: Governor Praises Lawmakers' Final Approval of HB 373 to Lower WC Rates.

DC: Administrative Judge Without Bar License Decided Workers Comp Cases.

FL: DWC Posts Adopted Changes to Rule 69L-3.

HI: Governor's Plan to Veto 10 Bills Doesn't Impact Physician Dispensing Bill.

IL: IWCC Announces Dallas National/Freestone Insurance Cases May Proceed.

IL: Governor Signs SB 2187 Allowing Psychologists to Prescribe Drugs.

IN: Bump in Weekly Benefits Posted.

IA: State Defamation Lawsuit Against Branstad to Proceed First Before Federal Lawsuit.

KY: Metro Dept. Reduces Injuries by 50% With Morning Stretches for Workers.

MA: DIA Creates Sec. 19 Agreement Form, Updates Form 113 Agreement.

MA: Governor Signs S2195 Minimum Wage, Workplace Safety, Worker Misclassification.

MI: Governor Signs 12-Bill Workers Comp Package to Help Delphi Employees.

MO: Complex Collateral Estoppel: Plaintiff Bound to Results of Prior Incorrect Decision.

MT: Four Attorneys Seek Workers Comp Judge Position.

NM: Workers Comp Insurer Donates Heavily to GOP Candidates to Change Laws.

NY: NYSIF Seeks Bidders for Insurance Consultant Services.

NY: Governor Signs Bill to Combat Heroin, Opioid, Prescription Drug Abuse.

NY: Governor Signs Bill to Prevent Distracted Driving.

OH: BWC Set to Appeal Ruling of Overcharged Premiums.

OR: SAIF Long-Time VP Announces Retirement This Month.

OR: Medical Advisory Committee Post July 11 Meeting Agenda.

PA: Glasbern Inn Reaches Settlement With Insurers, Injured Worker.

TX: DWC Accepting Public Comments on Lifetime Income Benefits Rule.

TX: DWC Proposes Rule Change for Mode of Payment by Insurers.

TX: TDI Posts Notice to Amend NCCI Basic Manual, Accepting Public Comments.

TX: TDI Posts 2nd Notice to Amend NCCI Basic Manual, Accepting Public Comments.

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.

June 23, 2014: The PTSD Dilemma for Workers' Comp Claims

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

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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