Vol. 6, Issue 43

Find Solutions & Strategies October 26, 2015

Substantial Evidence Must Have Some Substance

The friction among science, clinical medicine & the law

In This Issue

- SUBSTANTIAL EVIDENCE

- LARSON'S: Retaliatory Discharge, Deliberate Intent, Statute of Limitations

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

substantial evidence must have some substance

Legal solutions will rarely coincide entirely with scientific certainty

By Stephen C. Embry, Embry and Neusner, Groton, CT

Science, clinical medicine, and the law live in the same city but in different neighborhoods. Each of the disciplines is concerned with the development and organization of information to answer questions, but the methods and purposes do not fully overlap. Science is interested in universal truths, and its methods are designed to seek absolute rather than relative truth. The scientific method generally requires that a hypothesis be tested under controlled circumstances and the results found to be repeatable in numerous settings. Even then the spirit of science is suspicion and the scientist must keep an open mind and believe that future tests and experiments will produce different results. Clinical medicine is concerned primarily with differential diagnosis, which, by definition...read more.

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis).

Federal: Since Illinois Workers' Comp Act Created Retaliatory Discharge Action, It Could Not Be Removed to Federal Court. A federal district court, sitting in Illinois, held that in as much as a retaliatory discharge action in Illinois is created by the state's Workers' Comp Act, such a civil action may not be removed...read more.

Texas: No Retaliatory Discharge Where Employer's Personal Leave Policy Was Uniformly Enforced. A Texas appellate court affirmed a trial court's directed verdict in favor of an employer that had been sued for retaliatory discharge where several employees suffered work-related injuries...read more.

West Virginia: Deliberate Intent Suit Against Employer Fails. In a memorandum decision, the Supreme Court of Appeals of West Virginia held that a state trial court appropriately dismissed a deliberate intent suit filed by the personal representative of a deceased worker...read more.

Alabama: Receipt of Short-Term Disability Benefits Does Not Always Toll Statute of Limitations for Filing Occupational Disease Claim. Receipt of short-term disability benefits under an employer-sponsored plan does not toll the two-year statute of limitations for the filing of an occupational disease claim...read more.

national & state news

Senator Sanders, Dem Lawmakers Warn Labor Secretary Perez About Opt Outs.

CEPR Examines Cuts in Workers Comp and Rising SSDI Payments.

NCCI Announces New President and CEO William E. Donnell.

Obama Announces Guidelines for Addressing Prescription Drug Abuse, Heroin Use.

CDC Drafts Guideline for Prescribing Opioids for Chronic Pain.

New Study: Marijuana Use in U.S. Doubled During Last Decade.

Death of Amazon Warehouse Temp Worker Sheds Light on Future of Low-Wage Work.

AK: NCCI Explains 2.6 Percent Decrease in Loss Cost Filing.

AZ: IC Announces Admin and Special Fund Assessment Rates for CY 2016.

CA: Ins. Commissioner Issues Decision Regarding 2016 Pure Premium Rate Filing.

CA: Chief Judge Newman to Transfer to WCAB.

CA: CHSWC Posts Slide Presentation of Medical Care for Injured Workers.

CA: CHSWC Posts Latest Study on Injured Worker Access to Medical Care.

CA: WCIS Updates Regulatory, e-Billing, FROI/SROI, Medical Bill Records Reporting.

CA: DWC Adjusts OMFS (Physician/Non-Physician Practitioners Services).

CA: Federal Judge Rules DOJ Unable to Interfere With Calif. Medical Marijuana Laws.

CO: NCCI Explains 1.9 Percent Decrease in Loss Cost Filing.

DE: The Case of the Mega-Credit: A New Take on Fund Reimbursement.

HI: State Adds e-File Feature to Insurance Certificate Submittal System.

IL: Medical Payments Per Claim Increased in 2013 After Falling From 2010-2012.

KS: Insurance Commissioner Discusses 12% Cut in Workers Comp Rates.

LA: OWCA Proposes Changes to Medical Guidelines Regarding ICD-10 Medical Coding.

MA: Senate Passes S2033 Workplace Disfigurement Bill.

MO: NCCI Explains 2.4 Percent Decrease in Loss Cost Filing.

NE: WCC Posts 2016 Maximum Income Benefit Increase.

NY: WCB Announces Update on Payor Compliance Program.

NC: Fred Duyck Named Industrial Commission Administrator.

NC: Insurance Commissioner Approves 10.2% Loss Cost Decrease Eff. 4-1-2016.

ND: Governor's Cybersecurity Task Force Discusses Threats Against State Government.

ND: WSI Restructures, Adds New Functionality to Fee Schedule Section of Website.

OK: NCCI Explains 14.8% Decrease in Loss Cost Filing.

OR: WCD Proposes Changes to Procedural Rules, Rulemaking, Hearings, Attorney Fees.

OR: WCD Posts Quarterly Compensable Fatality Report.

OR: WCD Revises Employer-at-Injury Program Reimbursement Request Form.

OR: WCD Posts 2016 Premium Assessment Rate.

OR: Uber Slams Labor Commissioner's Ruling on Drivers' Employment Status.

SC: WCC Approves 30 Applications to Self-Insure.

TX: DWC Adds Fentanyl Transdermal Patches, MS-Contin as "N" Status Drugs.

TX: DWC Announces Non-Substantive Reorganization of Rule 134.204.

TX: Newspaper Reports Prosecutors Generated Revenue, Good PR for Texas Mutual.

WA: L&I to Review Rules on Employer Reports, Payment of Industrial Insurance Premiums.

WI: GOP Lawmakers' Proposed Bill Clamps Down on Employee Workers Comp Benefits.

ENEWSLETTER ARCHIVES

Take 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.

October 19, 2015: Corporate America's Campaign for Opt Out Laws.
October 12, 2015: Effect of Drug Fee Schedules on WC Prescription Drug Costs.
October 5, 2015: ACA Case-Shifting Incentives May Result in Increased Costs for WC.
September 28, 2015: Adversaries and Frenemies of Workers' Compensation.
September 21, 2015: Undocumented Status: Impact on Workplace Safety.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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