Vol. 6, Issue 10

Find Solutions & Strategies                     March 9, 2015

RPatients With Substance Abuse Disorders 28 Times More Likely to Become Addicted to Opioids 
In This Issue
A Note From the Editor
strong correlation between nonopioid substance abuse disorders and therapeutic opioid addiction

Patients with such disorders 28 times more likely to become addicted to opioids

 

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

  

It has been known for some time now that people with prior substance abuse disorders are at risk for addiction to prescription opioids. According to a recent study published in The Journal of Pain, persons with nonopioid substance abuse disorders are 28 times more likely to develop therapeutic opioid addiction ("TOA") when undergoing long-term opioid therapy than persons without such disorders. Moreover, the study suggests that the stronger the opioid dose during such treatment therapy, the more likely the patient will develop TOA...read more.
research on risks, effectiveness of long-term opioid therapy given a failing grade

Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers' Compensation eNewsletter   

 

As physicians continue to prescribe opioids such as Vicodin, OxyContin, and codeine to help patients with chronic pain, there is a growing concern that the costs of such pain treatment options, whether in the form of addiction or abuse or other detrimental side effects, seriously outweigh the perceived benefits. A recent review of the research literature on the risks and effectiveness of long-term opioid use for pain treatment published in the Annals of Internal Medicine adds more fuel to this particular fire, concluding that the existing research is woefully inadequate, especially in light of mounting evidence of the harms associated with that use...read more.
DEMOLITION OF WORKERS' COMPENSATION

ProPublica and NPR's new series "Insult to Injury" examines the "demolition" of the workers' comp system and the "geographic lottery" of workers' comp benefits

 

Journalists Michael Grabell and Howard Berkes have undertaken an "unprecedented look at the unwinding of workers' comp laws across the country" where they report 33 states have reduced benefits, the maximum compensation for a lost body part varies widely state to state, many injured workers are certain to "plummet into poverty," and the costs of workplace accidents has shifted to taxpayers. Accorrding to Grabell and  Berkes, employers and insurers increasingly control medical decisions, workers' comp rates for employers are now the lowest in 25 years, and in 2013 insurers recorded their most profitable year in a decade. Read the first article. Read the second article. View the interactive U.S. map to see which states have cut or raises benefits during the past decade. View the interactive chart for workers' comp rates.

osha study: cost shifting, income inequality, increased risk of injury in the workplace

Who bears the cost of workers injuries? 63% is paid out of pocket by workers, their families and private health insurance, while taxpayers pay 16% and workers' comp pays only 21%.

 

Dollar MagnifierOSHA has released a study that examines the inequality that results from a workplace injury and the costs of failing to protect workers on the job. The main points are:

> Work injuries and illnesses impose heavy costs on workers, families, and the economy

> Injured workers and taxpayers subsidize high hazard employers

> The changing structure of work in the U.S. increases risk of injury and contributes to income inequality

> Occupational injuries and illnesses strain social insurance programs and result in taxpayer subsidies of unsafe employers

> The most effective solution is greater efforts to prevent work injuries and illnesses.

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. 

  

Arizona: Reimbursement for Travel Expenses for Medical Treatment Requires Showing That Local Treatment Could Not Be Obtained. An administrative law judge's decision to award claimant mileage reimbursement for his travel from Flagstaff to Phoenix to receive medical treatment was erroneous where the record failed to establish that there was any actual need for such travel or that...read more.

 

Virginia: Injuries Sustained When Run-away Car Drove Through Employer's Exterior Wall Are Compensable. Injuries sustained by two office workers when a vehicle driven by the owner of their employer abruptly crashed through the exterior wall of the work premises are compensable...read more.

 

Wisconsin: Average Weekly Wage for 17-Year-Old Killed in Work-Related Injury Should Be Based on Probable Earnings Had He Reached Age of 27. Death benefits to be paid following the work-related death of a 17-year-old farm worker should be calculated using the presumption provided for in Wis. Stat. § 102.11(1)(g)...read more.

 

Idaho: Continued Pain Does Not Contradict Finding That Worker Reached Maximum Medical Improvement. An injured worker's contention that she still suffered significant pain was not sufficient to contradict the Commission's finding that the worker had nevertheless reached a point of maximum medical improvement...read more.

 

Alabama: Injuries Sustained During Recreational Horseback Ride Were Not Compensable. Injuries sustained by a Girl Scout camp business manager, when she was thrown from a horse during a recreational ride with other camp employees did not arise out of and in the course of the employment...read more.

national & state news

Obama's Budget Proposal Mandates Reporting of Workers Comp Benefits to SSA.

ProPublica Comments on OSHA Study of Inequality, Lack of Workplace Safety. 

The Atlantic: Workers Comp Policy "Doesn't Really Seem to Involve You Until It Does".

PBS Newshour Interviews Journalists of ProPublica Expose on Workers Comp.

Study Finds Workers Who Hold Multiple Jobs at Higher Risk of Injury.

Study Examines Commute Time, Loss of Sleep for Workers With Multiple Jobs.

ACOEM Releases Position Statement on Genetic Screening in the Workplace.

CMS Issues Final Rule to Implement Appeal Procedure Under SMART Act.

CMS Final Rule on Appeals Process Not Changed Much From Earlier Proposed Rule.

NIOSH Sponsors Free Webinar on Preserving Lung Health at Work and Beyond.

AZ: IC Issues Notice Regarding Directed Care in AZ Workers Comp Claims.

AZ: IC Announces 2015 Fee Schedule Hearing for 4/30/2015.

CA: AB 1124 Would Create Drug Formulary to Reduce Workers Comp Costs.

CA: AB 305 Would Eliminate Gender Bias in Workers Comp System.

CA: DIR Cracks Down on Underground Economy, Assesses $4.2M in Unpaid Wages.

CA: State Fund to Co-sponsor Injury and Illness Prevention Training Program.

CA: CWCI Announces 2015 California Workers' Comp Case Law Seminar.

CA: Drobot & Former Pacific Hospital Succeed in Having Conspiracy Claims Thrown Out.

CO: Workers Comp Pay Outs for Loss of Limb Both Above and Below National Average.

FL: SB 1060 Would Reimburse Health Providers at Reasonable Payment Rates.

FL: FL Chamber Health Care Task Proposes Comprehensive Plan to Stay Competitive.

ID: Idaho Below National Average for Workers Comp Pay Outs for Loss of Limb.

LA: Louisiana Below National Average for Workers Comp Pay Outs for Loss of Limb.

MA: DIA Announces Health Care Service Board Meeting 3/31/2015.

MS: Governor Appoints Adridge to Workers' Compensation Commission.

MT: WCC Revises Rules Effective March 1, 2015.

NV: SB 193 Would Repeal OT Pay, Labor Says More WC Cases Would Result.

NY: NYSIF Announces New Process for Blanket Waiver of Subrogation.

NY: New York One of Three States That Cut PPD Benefits by 20 Percent.

NC: IC Announces Appointment of New Deputy Commissioner.

OK: Sup. Ct. Schedules Oral Argument in Opt Out Constitutional Challenge Case.

OK: WCC Posts Videos of Press Conference in Impact of Reforms.

OR: WCD Posts Revised Permanent Partial Disability Calculators.

OR: WCD Posts 2014 Workplace Fatality Report.

OR: WCD Claims It Lowered Costs, Not Injured Worker Benefits.

PA: Court Sides With Former Football Player in Workers Comp Claim Against Steelers.

SC: WCC Adopts Latest IAIABC Claims EDI for Electronic Transfer of FROI, SROI.

SC: WCC Changes Procedures for Filing Medical Disputes.

SC: WCC Commissioner Mike Campbell's Appointment Confirmed by Senate.

TX: Nurse Who Contracted Ebola Suing Hospital.

TX: DWC Announces Recent Enforcement Actions.

TX: DWC Approves 10 Companies to Self-Insure for Workers' Compensation.

TX: TXANS to Discuss Legislative Review of Nonsubscriber-Related Legislation.

TX: Texas Below National Average for Workers Comp Pay Outs for Loss of Limb.

WV: Lawmakers, Business, Trial Lawyers Reach Compromise on Deliberate Intent Bill.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

Mar. 2, 2015: Surviving the Great Recession: Getting By With a Little Help From Our Meds.

Feb. 23, 2015: Insurer-Supported Engineering Controls and Reduction of Claims and Costs

Feb. 17, 2015: Workers' Compensation and Its Secondary Payers: Medicare and Medicaid

Feb. 9, 2015: Geographic Variation in Use of Treatment Guidelines for Occupational Injuries

Feb. 2, 2015: Occupational Injury Patterns of U.S. Workers With Physical or Mental Disabilities

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.