Nurse whose son died from COVID properly denied workers comp: Court


A frontline nurse who said she contracted COVID-19 on the job and then passed it along to her son, who later died from the disease, was properly denied workers compensation benefits because she failed to prove the illness was work-related, the Delaware Superior Court ruled Wednesday.

The appellate court, in Hudson v. Beebe Medical Center, affirmed the denial of workers comp benefits to Carol Hudson, who worked on the COVID-19 floor of Beebe Medical Center in Lewes, Delaware. She said she contracted the virus at work in October 2020 and later had to be hospitalized.

Ms. Hudson, who worked for Beebe for 39 years, said her two sons contracted COVID-19 around the same time. One died from the disease.

Beebe argued Ms. Hudson likely became infected outside of work, and that her son who died from COVID-19 may have been the one who infected her.

A workers comp board found Ms. Hudson failed to prove she contracted COVID-19 at work and that the disease was a presumed occupational injury.

The appeals court ruled the workers comp board properly concluded there was sufficient evidence to support the claim that Ms. Hudson’s son may have introduced the virus to the household he shared with his mother and brother.

 



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Pepsi Guam Bottling, DOL reach agreement over amputation hazards


The U.S. Department of Labor on Wednesday announced it reached a settlement agreement with Pepsi Guam Bottling in which the company agreed to pay $132,591 to resolve allegations it exposed workers to amputations and other serious injuries.

In addition to the financial penalties, the company also agreed to develop a comprehensive safety and health program, allow a warrantless inspection of the Tamuning, Guam, facility within the next 12 months, form a safety and health committee with management and employee representation and provide heat stress training to workers.

The U.S. Occupational Safety and Health Administration, following an October 2022 inspection, cited Pepsi Guam Bottling for one willful violation, one repeat violation and six serious violations after determining workers were exposed to amputation and other injuries because of unguarded machine doors.

OSHA initially proposed $180,807 in penalties, but that figure was ultimately reduced in the settlement after approval by the Occupational Safety and Health Review Commission.   

 

 



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Insurer improperly ordered to reimburse pharmacy for drugs: Court


A Pennsylvania appellate court Tuesday said a workers compensation hearing officer improperly ordered an insurer to reimburse a drug company for costs in an injured worker case based on values published by IBM Watson Health in its Red Book.

The Commonwealth Court, in reversing the hearing officer, sided with Federated Insurance Co. in a dispute with Summit Pharmacy over $72,500 the insurer was ordered to pay Summit for generic drugs.  

The hearing officer used Red Book values to calculate the reimbursement amount, which the state Workers’ Compensation Bureau adopted as the average wholesale price to be used in resolving payment disputes.

Red Book is a privately published compendium of drug average wholesale pricing.

Federated Insurance argued the bureau’s adoption of Red Book values in payment disputes violates the state’s Workers’ Compensation Act, which limits drug reimbursement to 110% of a drug’s average wholesale price.

While average wholesale price is not defined in the statute, the appeals court said case law determined it to be an objective cost estimate based on national pricing.

The pharmaceutical company argued Red Book values are an accepted industry source used for drug pricing reimbursement.

The Commonwealth Court concluded that Red Book values are at odds with state law, and while it reversed the decision ordering the drug cost reimbursement, it ordered the hearing officer to stay the proceedings until the workers comp bureau identifies a nationally recognized schedule of average wholesale pricing to be used in future payment disputes.   

 

 

 



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Video surveillance at beach helps nix bartender’s comp benefits


A Marriott International Inc. bartender who suffered a back injury when she tripped and fell at work will lose her workers compensation benefits after a Pennsylvania appeals court found the employer proved she had recovered, in part by providing video surveillance of her spending two days at the beach.

Renee Loguidice, who had a history of back pain and surgery prior to her 2018 fall at work, had been granted a continuation of benefits by the Pennsylvania Workers’ Compensation Appeal Board in 2022, reversing an earlier ruling by a workers compensation judge that terminated her benefits, according to Marriott International Inc. v. Renee C. Loguidice (Workers’ Compensation Appeals Board), filed in the Commonwealth Court of Pennsylvania.

The board ruled that Marriott, which provided medical documentation that included testimony from one of Ms. Loguidice’s examining physicians, failed to prove its argument that she could return the work.

The physician testified that a 2020 examination “found no showing of muscle atrophy or muscle weakening” and “no evidence of spasm in her low back.”

Ms. Loguidice “gave a significant pain reaction to gentle touching,” leading the doctor to believe she was “malingering and not providing genuine responses or effort during the examination,” according to court documents.

Marriott’s case included video of Ms. Loguidice at a New Jersey beach that showed her “moving seemingly without pain and doing activities inconsistent with someone who suffered from radiculopathy, such as walking for blocks, up inclines, and up and down steps.”

The appellate court, in reversing the comp board’s decision, ruled that the company had provided substantial evidence proving Ms. Loguidice was able to work.

 



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Mental health decline poses workplace hazard: Experts


Employees who feel unsafe on the job are more likely to report symptoms of work-related depression and anxiety, and those who study worker mental health have discovered a relationship between anxiety and increased work injury rates, industry experts say.  

“There is more and more data coming out showing just how inextricably intertwined mental health and physical health are in the workplace,” said Dennis Stolle, senior director of applied psychology at the Washington-based American Psychological Association.

Psychological safety, a concept defined as a belief that workers won’t be punished for raising concerns or making mistakes at work, is also on the radar for workplace safety researchers, said Shanna Tiayon, a social psychologist and CEO of Yes Wellbeing Works LLC, a Washington-based organization that focuses on employee wellbeing.

Ms. Tiayon and Mr. Stolle were among several experts who spoke about the relationship between worker mental health and workplace safety during the virtual SAFER Summit hosted by the National Safety Council in December.  

There’s a workplace correlation between psychological safety and stress, Ms. Tiayon said, and workers should be able to feel they can make mistakes without fear of retribution.

This is especially applicable to the high-risk manufacturing and construction sectors, she said, where not disclosing mistakes could potentially lead to injuries or death.

Many workers surveyed recently expressed a preference to work for an organization that values their emotions and psychological well-being, and that, “psychologically, a healthy workplace is critical for overall population health in the workplace,” Mr. Stolle said during the summit.

Researchers also found that one in five workers describe their workplace as “toxic,” with those employed in customer service, patient services and client services reporting the highest levels of workplace toxicity, he said.

Stress and psychological issues outside the workplace could also affect employment, Mr. Stolle said. Workers experiencing mental health issues may suffer from insomnia, for example, and exhaustion from sleepless nights at home could pose a workplace hazard.

Some experts say a decline in workplace mental health could be attributed to an ongoing crisis of social disconnection, something exacerbated by the pandemic and which continues in an era of remote work.

Data suggests that high levels of social isolation and loneliness experienced in communities nationwide have negatively affected people’s health and working lives, experts say.

Mental health issues such as stress and anxiety are now considered to be a top workplace injury, according to an August study by Los Angeles-based law firm Atticus Law P.C.

Redesigning the workplace and considering policies that promote employee flexibility and autonomy, as well as placing a greater emphasis on employer interventions, are considered promising approaches to improving employee well-being, Abigail Barth, research and innovation program manager at the Washington-based Foundation for Social Connection, said at the SAFER Summit.

The foundation recently issued a report on the employment sector, focusing on the role that labor plays in overall societal health.

The organization, Ms. Barth said, is working to raise awareness of and destigmatize social isolation and loneliness to help workers struggling with mental health issues, especially younger workers.

“The current state isn’t supporting young people,” Ms. Barth said. “We have a future challenge to work towards.”



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CWCI taps Baum as COO


The California Workers’ Compensation Institute Tuesday named Gideon Baum, a former California Hospital Association executive, as chief operating officer, effective Feb. 1.

Mr. Baum, who was vice president of policy for the CHA, will be based in Oakland. He previously worked for the California Senate, where he helped draft and analyze workers compensation bills, including 2012 legislation that was the last major overhaul of the state’s workers comp system.  



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Ohio roofer, OSHA settle over fall safety violations


The U.S. Occupational Safety and Health Administration announced Thursday that it reached an agreement with an Ohio roofing contractor to settle a dozen workplace safety violations for exposing workers to deadly fall hazards.

The department said Millersburg-based Charm Builders Ltd. agreed to pay $730,000 in penalties and implement enhanced compliance measures in the settlement agreement, which affirms six egregious-willful and five repeat violations and one serious violation.

The citation for the violations was issued following a March 2022 inspection initiated after OSHA received a complaint that alleged the company failed to provide fall protection to employees replacing a roof on a two-story office building in Wheeling.

The citation marked the 12th time OSHA cited the company since 2009 for similar violations.

As part of the settlement, the company agreed to hire a safety consultant to evaluate its safety program and it said it would institute all improvements recommended in the report.

Charm Builders performs roofing and siding work in Ohio, Pennsylvania and West Virginia. 

 

 



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Louisiana cuts workers comp rates 9%


The Louisiana Department of Insurance announced a 9% reduction in workers compensation rates, effective in May.

The decrease, based on the National Council on Compensation Insurance’s annual loss cost filing for 2024, is in line with a decades-long trend, as Louisiana workers comp rates have seen a cumulative drop of 37% over the last five years, 49% over the last 10 years, and 66% over the past 20 years, the department said in a statement released Thursday.

The state’s workers’ comp insurance market last year was estimated at about $950 million in written premium, the statement said.



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