Vol. 7, Issue 7

Find Solutions & Strategies                February 16, 2016 
Impact of Age and Tenure on Length of Disability
The complicated relationship of age, tenure & disability   
In This Issue
- AGE AND TENURE
- UR PHYSICIAN DUTY OF CARE
- LARSON'S: Death benefits, Corporate parent, PTSD, Suitable employment
- NATIONAL & STATE NEWS
- eNEWSLETTER ARCHIVES
A Note From the Editor
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Robin E. Kobayashi, JD, Editor-in-Chief
robin.e.kobayashi@lexisnexis.com      
WCRI Annual Issues Conference
Mar. 10-11, 2016 - Boston, MA
Workers' Compensation Emerging Issues Analysis
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impact of age and tenure on length of disability among injured workers
Work-related disability increases in length as workers get older and tenure on the job increases. Or does it?

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

What is the impact of age and tenure on length of disability in a changing workforce with a prevalence of gig jobs and aging workers? It may seem axiomatic that the length of disability caused by injuries will probably increase as workers get older, if for no other reason than the biological changes caused by the aging process make the healing process more difficult, and studies support this general principle. One might also think then that the duration of disability will also tend to get longer as workers accumulate more tenure with an employer, as it is easy to assume that workers are also accumulating tenure as they get older. Some past research has indicated, however, that the duration of disability does not get longer as workers accumulate tenure...read more.
california: king v. comppartners
Do Utilization Review Physicians Owe a Duty of Care to Applicants and What Is the Nature and Scope of the Duty of Care

By Raymond F. Correio, Esq.
 
Raymond CorreioA recent decision from the Fourth District Court of Appeal, King v. CompPartners, Inc., et al. 243 Cal.App.4th 685, 80 Cal. Comp. Cases 10, certified for publication, raises a number of provocative issues which will no doubt impact on the ongoing contentious battle between applicants' attorneys and defendants related to the Utilization Review ("UR") and Independent Medical Review processes implemented as part of SB 863...It is important to note this is a civil case in which the plaintiffs, a husband and wife, sued a UR company, CompPartners, Inc., and two of their employee physicians for several civil causes of action, primarily medical malpractice. It must be emphasized the entire context of the court's discussion and rulings relate exclusively to whether or not the trial court committed prejudicial error by sustaining defendant's demurrer without allowing plaintiffs leave to amend and to file an amended complaint...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). 
  
Connecticut: Death Benefits Claim Filed 55 Weeks After Date of Death Was Timely. Where a Connecticut claimant timely filed a claim for disability benefits resulting from his exposure to various toxins during the course of his employment and where he subsequently died five years...read more.

Indiana: Injured Employee May Not Sue Employer's Corporate Parent. Where an employee working for a subsidiary of AT&T, Inc. tripped and fell over the snow-covered legs of a construction sign...read more.

North Carolina: Auto Parts Employee Awarded Extensive TTD Benefits for PTSD Following Robbery. A North Carolina appellate court affirmed an award of continuing TTD benefits to a salesperson and driver for an auto parts store who complained of chest pains and a throbbing headache...read more.

North Carolina: Court Clarifies 50-Mile Limit as Related to an Offering of "Suitable" Employment. A job offered to a Kingsport, Tennessee resident that was located in Charleston, South Carolina did not constitute "suitable employment" within the meaning of N.C. Gen. Stat. § 97-2(22)...read more.
national & state news

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2016 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

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