RED FLAGS IN WORKERS' COMPENSATION CASES By: Steven Babitsky, Esq. What do workers’ compensation case managers and other professionals look for to identify claims that are likely to be difficult to resolve? Workers' compensation "red flags" may be the most efficient and cost-effective way to identify these claims early on [...]
AMERICANS WITH DISABILITIES ACT AND CONFIDENTIALITY By: Steven Babitsky, Esq. Attorney Arthur Lambert, speaking at the SEAK National Workers Compensation and Occupational Medicine Conference, discussed the interplay between the ADA, FMLA, and Workers' Compensation laws. He discussed the confidentiality requirements of the ADA: The ADA's confidentiality requirements extend to medical [...]
SETTLEMENT OF WORKERS' COMPENSATION CLAIMS By: Steven Babitsky, Esq. Attorney H.D. Battle III, speaking at the SEAK National Workers' Compensation and Occupational Medicine Conference, recommended early settlement as a method of closing potentially protracted and costly claims. He recommended: Allow you to identify difficult legal issues that will prevent early [...]
THE AGING WORKFORCE AND WORKERS' COMPENSATION By: Steven Babitsky, Esq. There is little doubt that the United States workforce is aging and that this is impacting workers' compensation claims and payments. Attorney Kip Kubin, speaking at the SEAK National Workers' Compensation and Occupational Medicine Conference, reported that: - According the [...]
RETURN TO WORK IN WORKERS’ COMPENSATION By: Steven Babitsky, Esq. What can employers do to help facilitate return to work for injured workers? Attorney Richard Swanson, speaking at the SEAK National Workers’ Compensation and Occupational Medicine Conference, suggested the following return to work strategies for employers: Employer RTW Strategies Contact [...]
FCEs IN WORKERS’ COMPENSATION CASES By: Steven Babitsky, Esq. A functional capacity evaluation is undertaken to determine what functional abilities an injured worker has and to help determine if he/she is ready to return to full duty or modified work. Jill Galper PT, speaking at the SEAK National Workers' Compensation [...]
ORTHOPEDIC OCCUPATIONAL KNEE INJURIES By: Steven Babitsky, Esq. When are knee injuries compensable under workers' compensation? Often overlooked in the analysis of the claim is the mechanism of injury. What actually happened to the claimant and his knee at work? For ligament injuries, a direct blow can cause: Bone bruises [...]
Carpal Tunnel Workers’ Compensation Claims By: Steven Babitsky, Esq. Carpal tunnel workers' compensation claims are not as prevalent as most Workers' Compensation and occupational health professionals have been lead to believe. The recent California Workers' Compensation Institute study indicates that over an 11 year span carpal tunnel claims accounted for [...]
Causation of Workers’ Compensation Claims & Occupational Injuries By: Steven Babitsky, Esq. One of the best methods for employers, insurers, and self-insurers to reduce workers' compensation costs is to deny claims that are truly not work-related. The confusion about which claims are truly defensible costs employers millions of dollars a [...]
Lifting Programs Reduce Workers’ Compensation Costs By: Steven Babitsky, Esq. A recent study published in the Journal of Occupational and Environmental Medicine found that lifting programs do reduce workers’ compensation costs in long-term care facilities. The article, Safe Listing Programs at Long-Term Care Facilities and Their Impact on Workers’ Compensation [...]