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Disability Law

Workers Comp Insider

About workers compensation insurance, risk management, workplace health and safety, occupational medicine, and related topics.
By Lynch Ryan

Post Frequency: 5.3/day

Last Entry: April 01, 2011 at 15:16:48

Health Wonk Review and other bloggy news notes

Posted on September 04, 2008
Hank Stern has posted a fresh roundup of news from the health wonkosphere over at InsureBlog - check it out: Health Wonk Review: Early September Edition. ADA update - The folks at George's Employment Blog has been keeping an eye on changes to the ADA...

Grappling with the Independent Contractor Problem

Posted on September 03, 2008
I'm feeling Vince McMahon's pain. It's as if someone picked me up, body slammed me and then whacked me with a folding chair. Talk about ingratitude! Three wrestlers affiliated with McMahon's colorful World Wrestling Enterprises (WWE) are suing the muscled entrepreneur...

Risky Friday

Posted on August 29, 2008
Insider readers contemplating a Labor Day weekend retreat are probably performing the doomed calculus of traffic risk assessment: should I leave early, should I use contrarian logic and head into the middle of the maelstrom, or should I leave late? Given the price of gas, maybe I should just bag it and stay home...

Taking the cookie-cutter to workers' comp medical networks - Why that doesn't work

Posted on August 28, 2008
Yesterday, at Managed Care Matters, our good friend Joe Paduda published an excellent "how-to primer" for starting a workers' compensation medical network. Essentially, Joe's advice for would-be network creators is: Bring the right physicians into the network - board-certified occupational health specialists, for example, as well as primary care and specialist physicians who understand workers' compensation;Exclude physicians who don?t know...

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Quo Vadis Alabama?

Posted on August 25, 2008
It was only a matter of time before the perfect storm hit state employee healthcare. It happened this week, on August 20, in, of all places, Alabama. By 2011, Alabama employees who are obese, hypertensive, or have high cholesterol or high blood glucose will have to pay $25 more each month for their state health insurance...

Health Wonk Review: the beach blogging edition

Posted on August 21, 2008
This year, Americans are leaving 460 million vacation days on the table - and based on the volume of submissions to this week's Health Wonk Review, I am estimating that health policy wonks make up about 10 percent of that total since they are obviously hard at work...

News & tools: NY, NH, risk wiki, domestic violence, safety resources, prescription privacy

Posted on August 20, 2008
New York Trusts In the latest development in the continuing saga of the New York trust fund, Liberty Mutual is now suing New York, contending that new provisions in the workers comp law unfairly target insurers. It protests that having to make lump sum deposits to the state's Aggregate Trust Fund for permanent partial disability claims - a new wrinkle...

Who said insurance isn't fun? Dispelling myths about the humorless actuary, part 3

Posted on August 18, 2008
OK, we ended last week on a bit of a light note and we are going to start this week off in a similar vein. After all, if you are reading this, you are one of about one hundred twenty people who is not on vacation this week. We chanced upon this video clip of an actuarial type (Gene from...

Cavalcade of Risk

Posted on August 14, 2008
Joe Paduda is hosting Cavalcade of Risk this week - a sampling from some of the best risk blogs. Check it out over at Managed Care Matters. And from the lighter side, a video clip recap of a startling new study: Most children strongly opposed to children's healthcare...

Heart attacks, vehicle accidents leading cause of firefighter deaths in 2007

Posted on August 13, 2008
In a recently issued study entitled On-Duty Firefighter Fatalities in the United States in 2007 (3.0 mb PDF), the United States Fire Administration (USFA) reported that there were 115 on-duty firefighter fatalities in the United States in 2007. This was an 11% increase from the 106 fatalities in 2006...

Nevada Supreme Court rules suicide compensable

Posted on August 11, 2008
Is a suicide compensable? In certain circumstances it is, according to a recent ruling by the Nevada Supreme Court in Sharon Vredenburg v. Sedgwick CMA and Flamingo Hilton-Laughlin. While Nevada state law prohibits benefits if a worker?s death occurs due to a "willful intention to injure himself," this does not apply if a "sufficient chain of causation is established...

Health Wonk Review and other news notes

Posted on August 07, 2008
Do MDs make good business people? Should more hospital CEOs be physicians? Should there be licensing requirements for hospital executives? Read about these and other health policy questions in this week's edition of Health Wonk Review. Bob Laszewski of Health Care Policy and Marketplace Review is this week's host...

Accommodation for Lawyers

Posted on August 06, 2008
Lawyers wrote the Americans with Disabilities Act, so it's no surprise that would-be lawyers constantly try to raise the bar on accommodations within the legal profession. Case in point, Shannon Kelly, a 2003 graduate of Barry University School of Law in Orlando, Florida...

Three new state laws limit employer restrictions on guns at work

Posted on August 04, 2008
This summer, risk managers in Florida, Georgia, and Louisiana have a new concern to add to their checklist of health, safety and prevention issues: guns at work. These three states have recently enacted legislation that will allow employees to keep guns in locked cars at the work site...

A Cautionary Tale on Hiring: Finish the Interview!

Posted on July 31, 2008
We are all familiar with the recommended procedures for dealing with job applicants. Have a standard list of questions. Ask open-ended questions that invite expansive responses. Be careful - very careful - with any disclosures about medical conditions or prior injuries...

Cavalcade of Risk is awaiting your perusal

Posted on July 30, 2008
Richard Eskow of Sentinel Effect hosts this week's Cavalcade of Risk. It's a real smorgasbord, featuring such far-reaching topics as as watermelons, beer, fish, phishing, the housing market, hedge funds and health care. While you're in the neighborhood, check out some of Richard's other posts...

Accident investigation slide shows

Posted on July 29, 2008
WorkSafeBC offers a variety of prevention resources which we've featured previously, most recently the videos of teens talking about how they were injured on the job. They offer an excellent library of safety materials - while laws may vary from here in the U...

Real Injuries, Phony Claims

Posted on July 28, 2008
When it comes to fraud in workers comp, we usually look to employers, doctors and lawyers. They go after the big bucks. While there are opportunities for ordinary workers to exploit the system, most decline to do it. Today we examine two claims, both involving real injuries and both involving fraud...

Health Wonk Review, help for paraplegics, crane safety, PBM shakeups and more

Posted on July 24, 2008
Health Wonk Review - David Williams has a snappy new edition of Health Wonk Review posted over at Health Business Blog. Because HWR took a little summer hiatus last week, this issue is packed - and it's all organized in a great format that allows for quick and easy scanning...

Semi Pro, Semi Screwed: the Saga of Tarrence Rhodes

Posted on July 23, 2008
Unless you are an aficionado of marginal sports, you do not follow arena football, which has taken a classic outdoor sport of considerable violence and transposed it to an indoor setting, with little if any reduction in the violence. The main difference between outdoor and indoor football? Money...

Lightning! Safety precautions for work and home

Posted on July 22, 2008
This week here in Massachusetts, ten people were struck by lightning when a flash storm suddenly disrupted a soccer game. At this writing, one victim is fighting for his life and four others are in intensive care. Just a few days before and about 80 miles to the northwest, two people in Maine who stepped outside to chase a dog...

Dr. Mahoney's Baloney

Posted on July 21, 2008
Last week we blogged the suspicious "total and permanent" disability of Boston firefighter Albert Arroyo, who celebrated his profound disability rating by placing 8th in 2008 Pro Natural Body Building Championship. Yeah, I know, he was just having a good day...

Cavalcade of Risk and a news roundup

Posted on July 17, 2008
Michael Cannon is hosting Cavalcade of Risk this week and he's posted a diverse collection of risk-related links at The Cato Institute blog - good end of week reading. Insurance reform - Is insurance due for a regulatory overhaul? The move to an Optional Federal Charter appears to be gathering steam...

New York: Trust not in Trusts

Posted on July 16, 2008
We have been following the saga of the busted trusts in New York (here and here). Twelve workers comp trusts, all administered by Compensation Risk Management (CRM), have apparently failed. The workers comp board has decided to hit up the remaining trusts for the shortfall...

Buried alive

Posted on July 15, 2008
What could be more horrifying than the idea of being buried alive? It's the stuff of nightmares. novels, and scary movies, tapping into one of our most primal fears. Yet unfortunately, buried alive is not just the stuff of fiction. Every year, it's the same old story - collapsing trenches kill workers at both commercial and residential work sites...

Disability Fraud Closer to Home

Posted on July 14, 2008
Last week we blogged the widespread abuse of "disability" pensions for able-bodied members of Zimbabwe's ruling elite. Several cabinet members sported 100% impairment ratings - "quadraplegics" - even as they routinely tootled around the capital in their armored Mercedes and ran up a marbled staircase to greet their esteemed leader, Robert Mugabe...

Disability Ratings with a Heart of Darkness

Posted on July 10, 2008
Imagine that you are a doctor participating in a compensation review board for wounded veterans. You are responsible for signing off on pensions that have been recommended by a politically connected doctor. Frequently, the diagnosis is "polyarthritis" and the disability rating is 85%...

Heat stress: rules, reports, and resources

Posted on July 09, 2008
Here in the Boston area, we approach another 90+ degree day and the air is thick and muggy, prompting air quality alerts. But that's nothing compared to the heat in California where outdoor workers struggle in 104 degree temperatures, with things are even worse for the firefighters who battle to control rampaging fires...

Of Wage-Earning Capacity and Human Wreckage

Posted on July 08, 2008
Ronnie Ramroop was an employee of Flexo-Craft Printing in New York. In March of 1995 he caught his hand in a press, crushing four fingers. After seven surgeries, two fingers were amputated. It goes without saying that this is a work-related injury; workers compensation paid the medical bills, loss of function benefits (Ronnie lost 75% of the use of his...

Cavalcade of Risk; WC and hospital profits; poultry industry expose

Posted on July 02, 2008
It's Cavalcade of Risk day, and Louise Norris has an Independence day edition posted at Colorado Health Insurance Insider. Louise and her husband Jay have an interesting story about how they came to the field of health insurance: literally, through the school of hard knocks after intersecting with the health care industry through personal experience, a series of sports-related injuries...

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