NWCDN Members regularly post articles and summary judgements in workers’ compensations law in your state.
Select a state from the dropdown menu below to scroll through the state specific archives for updates and opinions on various workers’ compensation laws in your state.
Contact information for NWCDN members is also located on the state specific links in the event you have additional questions or your company is seeking a workers’ compensation lawyer in your state.
Cousineau McGuire Shareholder Jennifer Fitzgerald, OfficerNatalie Lund, and AssociateElizabeth Cox will be presenting at the 2015 Minnesota Department of Labor and Industry (DOLI) Workers' Compensation Summit at Cragun's Conference Center in Brainerd, MN on Wednesday, June 17, 2015.
Their presentation is titled "Litigating and Settling Claims", and takes place at 2:30pm on June 17th. For more information and to register, please visit the DOLI website:
Natalie K. Lund, Workers’ Compensation, andMichael D. Sharkey, Civil Litigation, have both been promoted to Officers at Cousineau McGuire effective June 1, 2015.
Ms. Lund began working at the firm in June of 2012 and focuses her practice on workers’ compensation litigation. She has successfully assisted and represented clients in all phases of claim management and subsequent legal proceedings, from formulating language in response to a reported injury, to obtaining favorable results at administrative hearings, in settlement and motion practice, and at hearings. She has also defended clients through the appeal process, including review by the Minnesota Supreme Court.
Mr. Sharkey has been with the firm since August of 2013 and represents both individuals and businesses in a wide variety of civil disputes, focusing primarily on product liability, premises liability, dram shop, and construction defect. He is also one of the few mortuary law attorneys in the country, with a growing practice representing funeral homes, crematories, and cemeteries.
Ms. Lund can be reached at nkl@cousineaulaw.com or (952) 525-6951 and Mr. Sharkey can be reached atmds@cousineaulaw.com or (952) 525-6990.
Cousineau McGuire Shareholder Tom Coleman and AssociateMichael Johnson both authored articles published in theWilliam Mitchell Law Review, Volume 41, Issue 4. This edition of the Law Review featured an entire segment on Workers’ Compensation Law.
Coleman’s piece was titled “Fundamentals of Workers’ Compensation in Minnesota,” and provided a primer for the basics of workers’ compensation. It included a discussion and analysis of the Employer-Employee relationship, the definitions of injury and disability, Arising Out Of and In The Course Of, benefits available, benefit calculations, defenses, and the distinction between occupational disease and injury claims.
Johnson co-authored an article with Thomas M. Domer titled “A Comparison of Wisconsin and Minnesota Workers’ Compensation Claims.” Their piece covered the differences in liability/causation between the states, with a look at “In the Course of Employment” issues, involvement of alcohol, “Arising out of Employment” issues, as well as benefits.
Both articles can be accessed on the William Mitchell Law Review website here:
Cousineau McGuire Chartered proudly announces the hiring of a new associate, Joseph D. Klemann. Klemann, a 2014 graduate of William Mitchell College of Law, is practicing in the Workers’ Compensation group.
Prior to joining Cousineau McGuire, he was a Certified Student Attorney for the William Mitchell Law Clinic, where he worked with clients on mortgage and predatory lending issues. During law school, Joseph was a legal extern for the Honorable Kermit E. Bye, United States Court of Appeals for the Eighth Circuit.
Cousineau McGuire is pleased to announce that Whitney L. Teel has been elected to shareholder effective January 1, 2015. Whitney concentrates her practice in the areas of Workers’ Compensation and Medicare Secondary Payer Act compliance. She represents employers and insurers in all aspects of workers’ compensation disputes, from initial liability consultations, all the way through trial and appeal.
Additionally, Whitney is a contributor to LexisNexis’ The Complete Guide to Medicare Secondary Payer Compliance, a national publication regarding Medicare compliance in workers’ compensation claims. She also speaks nationally to clients and other attorneys on the Medicare Secondary Payer Act.
“I am honored to be elected shareholder,” says Teel. “As my practice continues to grow, it has been very rewarding to serve more clients and further develop my expertise.”
Whitney earned her J.D. from Hamline University School of Law, cum laude, where she served as Managing Editor for theHamline Law Review.
Citing procedural difficulty in hearings involving simultaneous issues of MMI/IR and extent of injury (EOI), Deputy Commissioner of Hearings Kerry Sullivan has implemented a limited and voluntary pilot project assessing a two-step (“bifurcated”) approach to resolve these disputes. If the parties agree during the BRC that: (1) the EOI determination will likely lead to an agreement on MMI/IR, or (2) the EOI dispute has so many variables that deciding it first will lead to a better outcome and a more efficient hearing, they will sign an “Election” to bifurcate the hearing, and the EOI issue will be tried first, followed by a hearing on the MMI/IR issue (if necessary). After the EOI hearing, the Hearing Officer will issue an Interlocutory Order including findings of fact on the EOI issue, after which the parties will have a reasonable period of time to reach an agreement. If no agreement is reached, a second hearing will be held on the issues of MMI and IR based on the Hearing Officer’s EOI determination. The Hearing Officer will then issue a Decision and Order incorporating the earlier interlocutory EOI findings, also making determinations on MMI and IR.
Sullivan cites that potential benefits of this approach include: (1) more agreements; (2) establishing correct medical benefits sooner based on the interlocutory order; (3) more control by parties over developing their evidence on MMI and IR; and (4) better, more accurate decisions, as the Hearing Officer will have a better range of adoptable options matching the EOI determination from which to choose.
The Division anticipates that most cases in the pilot project will be ready for the CCH on EOI after only one BRC. This is because in cases included in the pilot project, the parties will not be asked at the BRC to obtain alternate certifications or RME reports prior to the resolution of the EOI issue, as this evidence can be more efficiently obtained after that determination.
The determination of whether the bifurcated approach will be used will be made at the BRC, only at the request of the parties, and will not be imposed over the objection of any party. At this time, the pilot project is limited to proceedings conducted in the Division’s Weslaco field office. The Division plans to closely track the success of the project and make adjustments to improve it and correct any problems prior to expanding the program. Sullivan invites feedback, ideas, and suggestions by email: Kerry.Sullivan@tdi.texas.gov
The Commissioner fined James David Key, Sr., MD and Thomas Dunn, PT and ordered them to remove themselves as practitioners in the Texas Workers’ Compensation system. Key was cited for submitting bills for hand or limb muscle testing that he did not perform, and for submitting a charge for health care that was not furnished. Dunn was cited for improperly listing his NPI number on billing when he was not the rendering provider, for not including the correct billing codes when submitting medical bills, and for improperly appending modifier “GP” to CPT Codes, which are limited to services provided by a physical therapist or a non-therapist pursuant to an outpatient physical therapy plan of care.
The Division is accepting public comment on revisions to the DWC-48, the form used to request travel reimbursement from Carriers for certain travel expenses to attend a DD exam, RME, post-DD RME, or for travel expenses incurred for medical treatment not reasonably available within 30 miles if the distance traveled is greater than 30 miles one way. These revisions update the format and style for consistency with other Division forms, and add an “FAQ” to provide additional information about travel reimbursement. The form also provides a section for the Carrier to respond to the request, indicating approval, denial, or partial denial of the claim. A response is due within 45 days of receipt, pursuant to Rule 134.110. If the Carrier denies or partially denies the request, the Carrier must provide a plain language explanation to the injured employee, explaining the reasons for the denial or partial denial, without “unnecessary use of technical terms, acronyms, and/or abbreviations.” The form includes a notice to the Claimant stating that he/she may request a BRC to dispute denials or partial denials.
Revisions to the DWC-48 would incorporate amendments to 28 TAC §134.110(a), effective March 30, 2014.
The revised form is currently available on the Texas Department of Insurance website at http://www.tdi.texas.gov/wc/rules/drafts.html. The public comment period closes June 1, 2015 at 5:00 p.m., and public comments may be submitted by email: InformalRuleComments@tdi.texas.gov
On May 3, 2015, the U.S. Food and Drug Administration announced the filing of a consent decree against Medtronic, Inc. for repeatedly failing to correct violations related to the manufacture of Synchromed II Implantable Infusion Pump Systems. The consent decree cites violations of the quality system regulation for medical devices, and requires the company to stop manufacturing, designing, and distributing new Synchromed II Implantable Infusion Pump Systems except in very limited cases. The consent decree also requires Medtronic to retain a third-party expert to help develop and submit plans to the FDA to correct violations.
The FDA first identified problems with the manufacture of these pumps in 2006, including over-infusion, under-infusion, and delays in therapy for patients. The FDA issued three warning letters notifying the company of major violations, including inadequate processes for identifying, investigating, and correcting quality problems, failure to document design changes, and failure to ensure the finished products met design specifications.
The agency notes that patients who are implanted with a Synchromed II Implantable Infusion Pump System should maintain regular follow-up appointments with their physicians, and should contact their physician immediately if they experience a change or return of symptoms, or hear a device alarm.
The Division recently updated the DWC Form-042 (Beneficiary Claim for Death Benefits) to include a notice in Spanish providing instruction on how to contact DWC regarding questions about the form or claims and how to locate the Spanish version of the DWC Form-042 on the Texas Department of Insurance website. Due to this revision, Carriers will need to update any automated notification systems currently in place, as well as any additional communication notices sent to potential claim beneficiaries, to reflect this change.
