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.
Those of you who listen to podcasts when you walk, run, or simply want to avoid
any conversation with the unwashed masses on Southwest Airlines should check
out Feedspot’s revised list of the 30
Best Workers’ Compensation Podcasts. Rounding out Feedspot’s top
three are:
1. Comp
+ Coffee
Described by Feedspot as a podcast from Payscale that talks through the art and
science of compensation management. Two episodes per quarter. Average length 38
minutes.
2. Third
Fridays
Described by Feedspot as a podcast from Lois LLC in which attorneys discuss
workers’ compensation issues, share their opinions, and engage in colorful
conversations. One episode per month. Average length 37 minutes.
3. Adjusted
Described by Feedspot as a podcast in which Claire Muselman and Greg Hamlin
take a deep dive with industry leaders who are changing the landscape of
workers' compensation to offer a new perspective on insurance. Two episodes per
month. Average length 36 minutes.
Copyright 2022, Stone Loughlin & Swanson, LLP
Kids’ Chance of Texas
has awarded 30 scholarships so far this year to kids who had a parent killed or
catastrophically injured at work. There are more waiting to apply, so the group
is hard at work raising money to make sure each one can be helped. You or your
company can impact this effort directly by buying a sponsorship for the
upcoming KCTX Golf Tournament on October 28.
SLS is sponsoring again this year because this effort is near and dear to us.
Go to www.Kidschanceoftexas.org for details, or send
a check made out to Kids’ Chance of Texas to the attention of Jane Stone at SLS
and she will make sure you get signed up . . . golf is included, depending on
the level of sponsorship.
Copyright 2022, Stone Loughlin & Swanson, LLP
New research suggests that many people suffer neurological symptoms long after
contracting COVID-19.
According to Neuroscience News,
researchers at the University of California San Diego School of Medicine are
conducting a longitudinal study to track neurological symptoms in COVID-19
“long-haulers.” The first round of results, published June 15 in Annals of Clinical and Translational
Neurology, found that the majority of participants still had some
neurological symptoms after six months.
56 persons with neurological symptoms following a COVID-19 infection were
recruited to the study. Baseline measurements were taken a few months
after their initial infection and repeated three and six months later. When
participants returned for their six-month follow-up, only one-third reported
complete resolution of symptoms. The other two-thirds reported persistent
neurological symptoms, though most had diminished in severity. The most
prevalent symptoms at six-months were memory impairment and decreased
concentration.
Copyright 2022, Stone Loughlin & Swanson, LLP
Well, we don’t know
yet. The position has remained unfilled since September, 2021 when Commissioner
Cassie Brown left to accept Governor Abbott’s appointment as Commissioner of
Insurance, a position that itself had been vacant since September 2020,
following Commissioner Kent Sullivan’s resignation to return to the private
sector.
So after nine months, we wonder when a new Commissioner will be appointed to
guide the Division into the future…although we must say that the Division seems
to be humming along just fine without one.
Copyright 2022, Stone Loughlin & Swanson, LLP
In response to our
firm’s Public Information request, the Division has produced its records of
activity by the Appeals Panel during 2021. In this past year, the panel has
resolved 2,108 appeals, up 132 cases over the 1,976 appeals resolved in 2020.
Lest you wonder how six judges could possibly handle and resolve so many
appeals, let us look a bit closer at the numbers.
Of those 2,108 appeals resolved, 2,005 became final by operation of law as a
result of the Appeals Panel taking no action and allowing the ALJ’s Decision
and Order to become the final decision of the Division.
Using a calculator so as not to rely solely on our imperfect math skills, we
note that the Appeals Panel wrote decisions in only 103 cases, up significantly
from the 60 decisions written in 2020, but still an average of only two
decisions per week.
Of those 103 Appeals Panel Decisions, eight affirmed all issues and 95 reversed
and/or remanded issues back to the ALJ. So, in 2021, the odds that the panel
would reverse or remand any given Decision and Order were about 4.5%, up from
1.97% the previous year.
Copyright 2022, Stone Loughlin & Swanson, LLP
We have recently
learned that Benefit Review Officers Nora Astorga and Elizabeth Benavides, both
assigned to the Houston East Field Office, retired this month. We are sorry to
see these knowledgeable and effective BROs leave the Division, however, we extend
them our best wishes in whatever new adventures they choose to pursue in the
future.
We have no information concerning replacements for Ms. Astorga and Ms.
Benavides. There are currently no job postings on the Division’s website for
BRO positions. For now, disputes in the Houston East Field Office which would
otherwise be assigned to these BROs are being handled by BROs in other Division
field offices.
Copyright 2022, Stone Loughlin & Swanson, LLP
You may recall from
past issues of the Compendium
that we have expressed our concern that the number of designated doctors in the
workers’ compensation system continues to decline. In the September 2021 issue
we reported that the number of designated doctors in the system had dropped to
a total of 272, only 75 of which were physicians.
DWC has announced another presentation concerning proposed changes to the designated
doctor program which will allow system participants to discuss the second
informal proposal on amendments to 28 Texas Administrative Code Chapter 127 and
28 Texas Administrative Code §180.23.
The presentation will be held via Zoom on June 7, 2022 from 1:30 to 2:30 p.m.
Slides will be posted on the TDI website on the day of the presentation.
The informal proposal together with associated documents will be posted on June
1, 2022 on the TDI website.
You may join the Zoom Meeting as follows:
https://TDI-Texas.zoom.us/j/96612443624
Meeting ID: 966 1244 3624
One tap mobile
+19294362866, 96612443624# US (New York)
Dial by your location
+1 929 436 2866 US (New York)
Meeting ID: 966 1244 3624
Find your local number: https://TDI-Texas.zoom.us/u/abfriIPP3u
Copyright 2022, Stone Loughlin & Swanson, LLP
The Division intends
to amend Texas Administrative Code §132.17 (Rule 132.17) concerning Denial,
Dispute, and Payment of Death Benefits. The proposed amendments incorporate
updates for plain language and “agency style” and clarify a Carrier’s deadlines
to file disputes over eligibility for death benefits. The proposed rule is
available here.
Comments concerning the proposed rule may be emailed to the Division at RuleComments@tdi.texas.gov.
Copyright 2022, Stone Loughlin & Swanson, LLP
In a disciplinary
order dated May 23, 2022 the Division ordered William R. Francis, Jr., M.D. to
pay an administrative penalty of $12,000.00 and attend an Ethics and Boundaries
Assessment Services course and workshop. The Division found that Dr. Francis
authorized and submitted CMS-1500 billing forms for 6,487 manual muscle
tests (MMT) and functional capacity evaluations (FCE) in which he listed
himself as the rendering provider. The Division found, however, that Dr. Francis
was neither in the room where the examinations were performed nor did he
supervise the technicians performing such examinations.
Copyright 2022, Stone Loughlin & Swanson, LLP
Readers of the Compendium may recall
the April 2021 newsletter reporting that, according to Commissioner’s Bulletin
#B-0012-21, the Division would relocate its Austin headquarters in the summer
of 2022 to the Capitol Complex at 1601 Congress Avenue in Austin.
On May 2, however, the Division announced that the Austin Field Office would
hold hearings on a temporary basis in the Hobby Building at 333 Guadalupe
starting on July 18, 2022.
Two days later, on May 4, DWC rescinded its plans to move temporarily to the
Hobby Building and announced that it will continue to hold hearings at the
current Metro location through the summer. The move to 1601 Congress Avenue
will be announced when the moving date is finalized.
Copyright 2022, Stone Loughlin & Swanson, LLP