LexisNexis® Legal Newsroom
Nevada: Physicians May Consider Spinal Injury's Impact on Daily Living Activities in Rating Permanent Disability

The Supreme Court of Nevada (en banc) recently reversed a decision of a district court judge that had granted declaratory and injunctive relief sought by the state's Self-Insurers Association. The district judge had determined that a Division of Industrial Relations regulation allowing physicians...

Edward Cremata, D.C. on Manipulation Under Anesthesia: A Safe, Effective, and Cost-Effective Procedure for Suitable Candidates

“Manipulation Under Anesthesia (MUA) is a generic term that describes a procedure or set of procedures designed to improve lost ranges of motion due to infiltration of fibrotic and scar tissue. Fibrosis deposition is part of the normal healing process, but can lead to scarring and motion restrictions...

Stephen Levit, M.D. on Spinal Manipulation Under Anesthesia: Is the Whole Greater Than the Sum of its Parts?

“Spinal manipulation under anesthesia is a controversial procedure for allegedly treating spine pain using osteopathic or chiropractic manipulation techniques while the patient is under general anesthesia or conscious sedation,” explains Stephen Levit, M.D. “ Its goal is the relief...

CWCI Summarizes 2011 California Workers’ Comp Enacted Legislation

The California Workers’ Compensation Institute (CWCI) has completed a review of 2011 legislation signed by Governor Brown and flagged 20 workers’ compensation related bills that were enacted this year. They include: AB 55, Gatto: Extension of the right of entertainment production companies...

CWCI Summarizes 2011 California Workers’ Comp Enacted Legislation

The California Workers’ Compensation Institute (CWCI) has completed a review of 2011 legislation signed by Governor Brown and flagged 20 workers’ compensation related bills that were enacted this year. They include: AB 55, Gatto: Extension of the right of entertainment production companies...

Five Recent Workers’ Comp Cases You Should Know About (11/11/2011) – New York City Auditor Was Not Engaged in "Recovery" Activities Following 9/11 Attacks

Larson's Spotlight on 9/11 Claim, Average Weekly Wage, Pain and Permanent Total Disability, Intentional Tort Claim, and Bad Faith. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's Workers' Compensation Law , has...

MO: Commission Thwarts Statutory Reform For 'Objective' Findings

Statutory reform in Missouri requires that objective findings trump conflicting subjective findings. When a doctor concludes claimant can work based on FCE results but claimant state he can't, does the FCE "objective" findings control? In the case of Reichardt v Industrial Sheet Metal...

Comfortably Numb: The Impact of Prescription Pain Medications on the Proper Determination of Permanent Disability

It may be an unfortunate reality but narcotics are a common aspect of medical treatment within the workers’ compensation system. As pain is an extremely individual experience, it is difficult if not impossible to assess whether the medications prescribed are excessive, inadequate or appropriate...

Missouri: Claimant's Pain Complaints Support PTD Award

A claimant who states he hurts too much to work can collect PTD benefits, even though an FCE based on "objective" findings concludes he can work in the open labor market. The court of appeals recently affirmed a Commission award of PTD against the second injury fund based on this conclusion...

California: Unreasonable Denial of Medical Treatment by Abruptly Withdrawing Authorization for Injured Worker’s Opioid Pain Medication

Both utilization review physician and MTUS expressly recommended slow tapering of opioid pain medications The WCAB, in a split panel opinion, rescinded a WCJ’s order denying the applicant’s petition for penalty under Labor Code § 5814 , and held that a penalty was justified as the...

Penalty for Abruptly Withdrawing Authorization for Opioid Pain Medication: Cal. Comp. Cases July Advanced Postings (7/16/2014)

Here’s the fourth batch of advanced postings for July 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries. © Copyright 2014 LexisNexis. All rights reserved. County of Riverside, PSI, Petitioner v...

Arizona: Liberal Construction of Comp Statutes Allows Court to Ignore Pain Requirement in Hernia Case

An Arizona appellate court affirmed a decision of the state’s Industrial Commission awarding benefits for a hernia that was unaccompanied by pain in spite of a clear statutory requirement that the immediate cause of the hernia must be a severe strain or blow “accompanied by severe pain”...

Complex Regional Pain Syndrome as a Central Nervous System Disorder

A case study from California A case handled by this author involved the diagnosis of Complex Regional Pain Syndrome (CRPS) from a lower extremity industrial injury. The WCAB upheld a trial judge’s decision that a WPI rating can exceed the maximum value of an amputation and the medical reporting...

New Mexico: Court Approves Injured Worker’s Use of Medical Marijuana

Where an injured worker who had sustained work-related back injuries unsuccessfully sought “conventional” treatment for pain and discomfort and subsequently turned to the use of medical marijuana, the employer and insurer could be required to pay the cost of such “treatment” as...

Nebraska: Wyoming Coroner’s Report Not Entitled to Full Faith and Credit

A Wyoming county coroner’s report that listed the cause of death as an accidental overdose of medications an injured worker was taking to relieve pain following a compensable injury is evidence to be considered, but it is not entitled to full faith and credit, held a Nebraska appellate court. The...

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, held an Idaho court. In fact, the worker’s evidence that she was not improving...

California: WCAB Affirms Medical Treatment in the Form of Sleep Number i8 Bed

In Carnes v. Auto Zone, Inc., 2015 Cal. Wrk. Comp. P.D. LEXIS --, a split panel WCAB affirmed the WCJ’s order that the defendant authorize medical treatment in the form of a Sleep Number i8 bed based on the reporting of the applicant’s treating physician, Eldan Eichbaum, M.D. The parties...

Workplace Policies on Medical Marijuana: Some Guidance on the Complex, Chameleon-like Legal and Medical Issues Involved

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. How risky would it be if your mailroom employees used medical marijuana at work? Would your...

Alabama: Court Approves Award for Erectile Dysfunction Medication in Spite of Rule Limiting Such Awards

An Alabama appellate court affirmed an award for a prescription medication in the form of a “time release” medication for erectile dysfunction that an employee contended was associated with his use of prescription narcotics to manage pain in spite of a state Department of Labor rule [Rule...

A New Mediation Track to Combat Opioid Use by Injured Workers

Massachusetts’ new pilot program aims to break the emphasis on opioids On October 23, 2015, attorneys and judges from Massachusetts, Rhode Island and New Hampshire gathered at Gillette Stadium to discuss a variety of workers’ compensation issues that affect all three states. This is the...

An Alarming Mortality and Morbidity Trend Among Middle-Aged White Non-Hispanic Americans Suggests Implications for Ability to Work

Despite strides in medical care, mortality/morbidity is rising among this important demographic due to drugs, alcohol, suicide, liver disease and cirrhosis According to a study recently released by two Princeton University economists, the broadly observed long-term decline in mortality rates among...

Medical Marijuana Use as An Alternative to Opioid Use for Relief of Chronic Pain

A Michigan Survey Suggests That Medical Marijuana Patients Are Decreasing Opioid Use to Treat Chronic Pain Two topics that have received a great deal of attention in recent years regarding the medical treatment of chronic pain have been the use and abuse of opioids such as Vicodin and the legalization...