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Workers’ Compensation

Comp back patients report lower function following physical therapy

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Injured workers with low back pain whose injuries are covered by workers compensation insurers and employers reported the lowest improvements in function following physical therapy than patients covered by all other payment systems, according to study released Tuesday by the Workers Compensation Research Institute. The data used in the study was collected at admission and discharge from low back pain…

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Bill addresses comp awards on subsequent spinal injuries

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A bill that would limit awards for subsequent workplace injuries to the “same part of the spine” was introduced in the Illinois General Assembly on Tuesday. H.B. 2345 would amend the Workers’ Compensation Act, stating that “for purposes of computing compensation for an employee who had a prior compensated injury to the spine, the prior compensation shall be deducted from…

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Illinois Grain Co-Op Fined $629K After 27-Year-Old Worker Suffers Partial Amputation

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An Illinois grain cooperatives’ failure to make sure they followed required safety procedures contributed to how a 27-year-old worker suffered a partial amputation of his right leg when a paddle conveyor was left running when he and two other employees entered a soybean bin for cleaning. Investigators with the U.S. Department of Labor’s Occupational Safety and Health Administration responded to…

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Illinois lawmakers consider cumulative trauma limits

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Illinois lawmakers are considering an emergency temporary regulation that would limit how cumulative trauma workers compensation claims would affect insurance rates and includes language that holds previous employers liable. Introduced Friday, S.B. 1305 states that “(a)ny accidental injury, which results from repetitive or cumulative trauma and occurs within six months after the employee begins his or her employment shall not…

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Workers compensation claims involving long COVID may rise this year, though cost projections are hard to come by, experts say.

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In January, the Workers Compensation Research Institute reported that comp claims with long COVID had higher-than-average medical payments and indemnity payments and longer durations of temporary disability than regular COVID-19 claims. “In particular, we found a nearly 10-fold difference in the average medical payment per claim,” WCRI researcher Bogdan Savych wrote in the report, which analyzed infections between March 2…

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Expert’s testimony should have been admissible in amputation case

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A district court should not have excluded an expert’s testimony, a federal appeals court ruled Wednesday in reinstating a case in which a forklift operator’s leg was amputated as a result of an accident. Adelaida Anderson was working as a forklift operator at a FedEx warehouse in Effingham, Illinois, in July 2017, when she hit a bump and fell out…

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Lawmakers consider cumulative trauma, travel comp bills

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Illinois lawmakers on Monday introduced workers compensation bills that would affect compensability on cumulative trauma and work travel. H.B. 1543 would determine that an injury arose out of and in the course of employment only if the accident “significantly caused or contributed to both the resulting condition and disability.” The bill doesn’t define “significantly caused,” so it’s not clear how…

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States push expansion of PTSD benefits in comp

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Nearly a dozen states as of late January had introduced legislation to expand or enhance workers compensation benefits for employees who suffer mental injuries by presuming they are suffered in the course of work. “The trend will continue,” said Brian Allen, Salt Lake City-based vice president of government affairs, pharmacy solutions, for Mitchell International Inc., a subsidiary of Enlyte Group….

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Cumulative trauma claims costs add up

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Injuries to body parts that are caused by repetitive motion, frequent exposure to sounds, chemicals or even vibrations are among the most perplexing in the workers compensation sector. Claims arising from cumulative trauma injuries, such as carpal tunnel syndrome, tendinitis and hearing loss, will likely rise given the aging workforce and an overall trend toward litigation, comp experts say. How…

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Former Sam’s Club employee alleges retaliation over work comp claim

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A former Sam’s Club employee claims she was fired for seeking worker’s compensation benefits after she was injured on the job. Plaintiff Magdalena P. Szetlak filed the lawsuit in the Madison County Circuit Court against Sam’s Club, citing wrongful termination in violation of the Illinois Worker’s Compensation Act. According to the lawsuit, Szetlak was an employee of a Sam’s Club…

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