Sunday, May 11, 2003

Study on the Use of Flexeril in Cases of Acute Low Back Pain

Flexeril 5 mg provides symptomatic relief and reduced recovery time in cases of acute muscloskeletal spasm according to an article in Clinical Therapeutics. The study was reported on in Doctorsguide.com.

Study on the Use of Manual Therapy in Cases of Neck Pain

In cases of neck pain, a study endorsed manual therapy for relief in the acute phase, finding it more effective than physiotherapy or medications.

New Study on CT Guided Nerve Blocks

A recent study concluded computed tomography-guided interventional procedures offer highly accurate and conservative therapies for patients with back pain. The treatment decreased the need for pain medications by persons in the study and most importantly less than 3% of patients who underwent a CT guided interventional procedure needed surgical treatment for pain management.

Thursday, May 08, 2003

Commonwealth Court Publishes Opinion on Disposition of Penalties for Late Reimbursement of Blue Cross

In Westinghouse Electric Corp. v. WCAB (Weaver) the Commonwealth Court denied a laundry list of Employer arguments surrounding what penalties are due when the employer is late in reimbursing Highmark Blue Cross and to whom the penalties are paid. The penalties are payable to the Claimant. Penalties are payable: 1) On bills Ordered to be reimbursed by the WCJ, regardless of whether LIBC-9 or HCFA forms were provided; 2) Without regard to Highmark's agreement to waive penalties for a period of time; 3) On amounts found on the Explanation of Benefits forms even though the accident lien report showed different numbers; 4) On the difference when Highmark's reimbursement was less than the Act 44 repriced amount; and 5) On the Claimant's deductible. The Court further rejected the Employer's argument that no penalties are payable because the Claimant received no award on amounts payable to Highmark. The Claimant did receive indemnity and medical benefits for the injury.

Tuesday, April 29, 2003

Attorney's Fees Awarded for Frivolous Appeal

In a typical case of the Employer contesting a Claim on the basis of medical causation, the Commonwealth reviewed the Employer's several arguments on appeal and found them each addressed by precedent or matters of credibility. This, coupled with the fact that Claimant's Counsel's Attorney Fee Request was very reasonable ($175.00/hr. but only three hours), culminated in the Court awarding the requested fee on the basis that the Employer's appeal was frivolous.

One issue was the impact of Weaver v. State of the Art on a Claim petition for a closed period less than 52 weeks with a suspension at the end. Citing Ruth Family Medical Center v. Steinhouse, the court stated Section 422(c) allowed reports in this case because the life of the claim is less than 52 weeks. The Court stated Weaver applies in cases where the life of the claim is more than 52 weeks. Therefore, the Court perpetuated the issue: When the Claimant was off for ten months in the past and wants to offer a medical report to claim a closed period of another three months (even with a termination) could he or she? Weaver suggests the answer is no.

Interview with Deputy Secretary for Compensation and Insurance Elizabeth Crum

The Evening Sun features an article and interview with Deputy Secretary Elizabeth Crum upon her appointment to serve in the Rendell Adminisration.

Insurance Company Status Update

Articles on the financial status of Legion/Villanova, Harleysville and Ohio Casualty

Friday, April 04, 2003

A Reliance Post-Mortem

An article in Treasury and Risk Management uses Reliance's fall as a case study of how to analyze whether an insurer is in trouble.

Erie Insurance receives an Upgrade and a Downgrade

Erie Insurance has broken into the Fortune 500 companies based on total revenue. A.M. Best, however, lowered Erie's property and casualty financial strength rating to A+ from A++.

Deputy Secretary for Compensation and Insurance Elizabeth Crum appointed to Serve in Rendell Administration

Pennsylvania Labor and Industry Secretary-Designee Stephen M. Schmerin appointed Acting Deputy Secretary Elizabeth Crum to serve permanently in the Rendell Administration.