The 2000 Life Tables have been published by the National Center for Health Statistics. For Sciarotta language in Compromise and Release Agreements, use of the most recent Life Tables gives the most favorable calculation. Note the suggested citation:
Arias, E. United States life tables, 2000. National vital statistics reports; vol. 51 no. 3. Hyattsville, Maryland: National Center for Health Statistics. 2002.

A University of Pittsburgh study discovered that people who are unhappy at work and who are forced to work under intense and hectic conditions are more likely to feel back pain than others. The study adjusted for factors such as prior injury and amounts of lifting, and concluded the quality of the workplace influenced workers' reports of back pain. Article

An Arizona appellate court found that since Arizona's workers' compensation statute provides for reimbursement of the medical expenses of an injured worker, expenses of the injured worker's wife and two children to engage with him in marriage and family counselling are compensable. The court reversed the ruling of the hearing officer denying the claim because there is no provision in the statute for reimbursement of medical expenses of anyone other than the Claimant. The Court relied on liberal construction and the beneficial effect to the injured worker in making its ruling. Decision

Memorial of Frank Beal, former Director of the Bureau of Workers' Compensation, who passed away on February 14.

The Wall Street Journal has an article today about the deficiencies in some MRI scans. A physical therapist injured her hip, but the MRI was negative. After some additional time, she had an enhanced MRI (a better machine, not dye) that showed a cartilage tear. A physician had neck pain and his MRI was negative. He realized he didn't have pain lying down, including while he was in the MRI tube. He had a standing MRI that showed a herniated cervical disc. The article explained that the open and standing MRI machines have much less power, and therefore less clarity. The strength of machines is measured in "Teslas." The best machines currently are 1.5 Teslas, open and standing machines are 0.5 or 0.6 Teslas, and some manufacturers are introducing 3 Tesla machines.

Concerns for the Court Reporting Industry.

Financial concerns of Kemper/Lumbermen's Mutual and Argonaut.

The Pittsburgh Tribune-Review has a good article with comments of many Western PA doctors on what to expect from surgery in a case of primarily back pain, as opposed to extremity pain.

Congratulations to Stephen M. Schmerin, Esq., nominated yesterday by Governor-elect Rendell to become Secretary of Labor and Industry. Link

The Commonwealth Court has issued an en banc decision holding that an Employer's failure to request an IRE within sixty days of the expiration of 104 weeks of total disability benefits precludes the Employer from requesting an IRE outside the sixty-day period. In Gardner v. WCAB (Genesis Health Ventures) the Court stated the plain language of the Act requires the IRE to be requested within sixty days. Furthermore, to allow an IRE to be done at any time after the expiration of 104 weeks would render the plain language meaningless. Accordingly, the Court ruled the regulation at 34 Pa. Code §123.102(f) is invalid. One would think §123.102(g) is also invalid where the regulation again substitutes "IRE" in the place of "independent medical evaluation" as set forth in Section 306(a.2)(6) of the Act.

Judge Cohn issued a dissent pointing out that the majority's decision would preclude the Employer from getting a later independent medical evaluation under Section 306(a.2)(6) of the Act when the Employer fails to schedule an IRE in a timely manner. The purpose of such an exam would be to establish earning power in conjunction with a vocational opinion. Judge Cohn correctly points out that a Claimant may not have reached Maximum Medical Improvement within sixty days after expiration of the 104 weeks, and an Employer should not have to schedule a wasted exam to avail themselves of an independent medical examination under Section 306(a.2)(6) in the future. It is important to note, however, that Section 314 also provides for IMEs.

The more interesting issue touched upon by Judge Cohn's dissent is the tolling of the sixty day period where the Claimant has not reached MMI. The statute states the IRE must be in sixty days "unless otherwise agreed upon." The Claimant's agreement should be presumed as a matter of law where the Employer shows the Claimant had not reached MMI and the Employer then requests the IRE. Judge Cohn's point that the Employer should not have to schedule a wasted examination is most relevant in this context.

In L.E. Smith Glass Co. v. WCAB (Clawson) the Supreme Court analyzed a factual scenario involving two different injuries and overlapping periods of disability associated with each. An important fact discussed in the decision was that the WCJ found both injuries were independently totally disabling. An important fact not discussed was that these injuries were with the same employer (different carriers), so Section 322 apportionment does not apply. The Supreme Court used the ultimate analysis of to what extent, if any, each injury diminished the Claimant's earning power, and stated this is the only test to be applied to determine whether both carriers had to contribute to the Claimant's benefit for any period. Although the record did not support a finding that the two injuries combined to diminish the Claimant's earning power during any period (because they were both independently totally disabling), the Supreme Court also stated a Claimant would be limited to whatever maximum actual earning power the record demonstrates. The Supreme Court introduced the "s" word to workers' compensation and held: "We reverse the Order of the Commonwealth Court to the extent that it permits Claimant to stack the benefits from the 1989 injury and the 1991 injury up to the statutory maximum."

In the Nova Scotia Court of Appeals, a worker's shift work maladaptation syndrome (SWMS) claim was dismissed on the basis that the condition was a subjective reaction to normal working conditions. Article