Pennsylvania Workers' Compensation Lawyers Blog

Our colleagues at the Workers Injury Law & Advocacy Group (WILG) provided information in an article posted in today's Huffington Post about reform of workers' compensation laws. At issue is a Maine bill that would lessen the role of psychological and emotional harm in determining a worker's right to compensation after an injury. On one side is the Maine Chamber of Commerce and insurers who are for the bill. On the other side are labor groups and workers, in particular emergency responders, who feel that mental and emotional injuries are as important as physical injuries when it comes to compensation.

Proponents say the reforms are aimed at lawyers who manipulate the system. The articles points out legislative activity in a number of states, including Maine, North Carolina, Illinois, and Montana, that is attempting to reign in the costs to employers of workers' compensation claims.

In the article, a representative of the WILG, which represents claimants' attorneys, told the Huffington Post that "workers' rights and benefits, nationwide, appear to be under greater attack this session." For example, in North Carolina there is no cap on the amount of time an injured worker can collect compensation. But opponents would like to see that limited to 500 weeks, saying higher taxes and insurance premiums for employers discourages businesses from settling and staying in the state. Those against the cap are afraid such a bill could make it harder for injured workers to change doctors and could redefine what is meant by "suitable" employment.

In the article, WILG points out that one Illinois bill would "effectively abolish" the Illinois Workers' Compensation Act and would put cases with the state's circuit courts instead of its compensation commission.

Although these reforms may not take place overnight, they are something that workers' compensation attorneys should keep an eye on.

An interesting article that we found recently on Becker's Orthopedic, Spine & Pain Management Review outlines some factors that doctors and surgeons take into consideration before performing surgery on workers' compensation patients.

1. Some spine surgeries that can be done in an outpatient ambulatory surgery center usually reimburse well for workers' compensation cases. So it may not be uncommon for a doctor to recommend an anterior cervical and lumbar discectomies and some fusions to be done in the outpatient setting.

2. When a doctor assesses a patient for surgery, they not only examine a patient's physical characteristics; they also assess a patient's psychological health and the patient's motivation to recover. Another factor they consider is the length of time a patient has been on pain medication, as that can cause further complications.

3. According to an article published in the Journal of Spinal Disorders & Techniques, recovery expectations among workers' compensation patients with back pain can predict their recovery. A study of workers' compensation claimants found that those who had negative work-related recovery expectations were more likely to have slower suspension of time-loss benefits and slower claim closure in patients with back pain.

4. A study by Trang H. Nguyen, MD, of the University of Cincinnati College of Medicine, showed that spinal fusions led to worst long-term outcomes in workers' compensation patients compared to those patients who underwent nonsurgical treatment. The study examined workers who underwent spinal fusion for low back pain, most of whom had degenerative disc disease, herniated discs or nerve root disease. Spinal fusion patients were also more likely to continue to use opioid drugs for pain management. Those who received conservative treatment were more likely to return to work.

5. Doctors and surgeons are required to predict outcomes and recover time by the claimant's company because the company must set aside money for the employee's medical care until the injury is healed. The physician's prediction can be off, however, in which case the company will ask the physician to revise it.

Continue reading "Surgery and Workers' Comp" »

The InsuranceJournal.com has reported the Pennsylvania insurance agents are asking lawmakers to pass legislation that will allow insurers to cover owners or partners of small businesses through a workers' compensation policy.

Although this legislation was introduced last year to the general assembly, it failed to make it out of committee. Kari Kissinger, government affairs director for the Insurance Agents & Brokers Group in Pennsylvania, is optimistic this year, saying, "Insurers have supported it in the past and we anticipate that they will do the same this session."

The legislation would change the insurance laws in the state of Pennsylvania, to allow coverage for sole proprietors, partners of a partnership, or officers of a limited liability company.

Some agents say the lack of this type of coverage can create problems for their clients. For instance, if they have a client that wants to use a consultant or small contractor, risk management practices might require that they provide certificates of workers' comp insurance from them. But those consultants and small contractors might not be able to buy it.

There have also been cases when small business owners have been injured on the job and because they were ineligible for workers' comp coverage, ended up suffering significant losses to their business and personal wealth.

We'll wait to see if legislators give small business owners the opportunity to buy this type of coverage.