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Find Solutions & Strategies June 20, 2016
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 JOEM Study: EBM Guidelines Resulted in Better Outcomes for Injured Workers, Reduced Costs
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joem study supports contention that ebm guidelines result in better outcomes for injured workers and reduced costs for employers
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First comprehensive study evaluating EBM guidelines in comp setting
By Thomas A. Robinson, J.D., co-author of Larson's Workers' Compensation Law
 In recent years within the workers' compensation (WC) arena, proponents of evidence-based medicine (EBM) have contended that managing an injured worker's care according to established practice and treatment guidelines results not only in a savings in overall medical care costs, but also in better outcomes for the injured worker. A recent study published in the Journal of Occupational and Environmental Medicine [See Hunt, Dan L., DO, et al., "A New Method of Assessing the Impact of Evidence-Based Medicine on Claim Outcomes," JOEM, Vol. 58, No. 5, pp. 519-24, January 2016], now provides at least some empirical support for that claim. The researcher's findings-that adherence to peer-reviewed evidence and guidelines results in as much as a 13 percent...read more.
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LARSON'S SPOTLIGHT ON RECENT CASES
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Florida: 104-Week Limit on TTD Benefits Found Unconstitutional. In a split decision, the Supreme Court of Florida struck down the state's 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI...read more.
New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee. In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer's job application form that required any claim or lawsuit against the employer to be filed...read more.
West Virginia: Insurer Has No Subrogation Interest Since Benefits "Paid" Under Policy Were Less than Employer's Large Deductible. Under the West Virginia subrogation statute [W. Va. Code § 23-2A-1], a party is entitled to a lien only to the extent that it has actually paid a sum of money. Accordingly, where a mining electrician suffered catastrophic injuries...read more.
Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment. Substantial evidence did not support an award of workers' compensation death benefits to an employee's minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court...read more.
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ENEWSLETTER ARCHIVES
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 Take 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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