Today’s post comes from guest author Charlie Domer, from The Domer Law Firm.
A Wisconsin investigative article just hit the news, showing the major issues faced with litigating work injury claims in the state. (Injured Wisconsin Workers Face Higher Hurdles When Seeking Compensation). The story highlights the unfortunate litigation process of one of Domer Law’s clients. I’d urge readers to review the article for the full details of that process.
Signigicantly, the story goes further in-depth into the appeals process of a Wisconsin litigated case. Following a hearing in front of an adminsitrative law judge, the losing party may appeal to the Labor and Industry Review Commission, or “LIRC.” This body consists of three political appointees, who essentially are the final decision-makers on worker’s compensation claims. The article highlights the alleged employer-friendly drift to decisions in recent years.
These articles are so important in revealing the human toll exerted by work injuries. While there are no pain and suffering damages under worker’s compensation law, that fact does not diminish the real physical, economic, and emotional toll felt by the injured worker and their family. That real world impact pushes us to keep fighting for the rights of workers each and every day.
Today’s post comes from guest author Kristina Brown Thompson, from The Jernigan Law Firm.
The North Carolina Industrial Commission recently joined many other states (i.e. Massachusetts) in tackling the issue of opioids in the workers’ compensation cases by creating a Workers’ Compensation Opioid Task Force. The goal of the task force is to “study and recommend solutions for the problems arising from the intersection of the opioid epidemic and related issues in workers’ compensation claims.” According to the Chair, “[o]pioid misuse and addiction are a major public health crisis in this state.”
As of last June, a study by the Workers’ Compensation Research Institute (WCRI) noted “noticeable decreases in the amount of opioids prescribed per workers’ compensation claim.” From 2012 – 2014, “the amount of opioids received by injured workers decreased.” In particular, there were “significant reductions in the range of 20 to 31 percent” in Maryland, Massachusetts, Michigan, Oklahoma, North Carolina, and Texas.
Additionally last March, the Centers for Disease Control and Prevention (CDC) issued new recommendations for prescribing opioid medications for chronic pain “in response to an epidemic of prescription opioid overdose, which CDC says has been fueled by a quadrupling of sales of opioids since 1999.”
Currently, the CDC’s recommendations for prescribing opioids for chronic pain outside of active cancer, palliative, and end-of-life care will likely follow these steps:
1. Non-medication therapy / non-opioid will be preferred for chronic pain.
2. Before starting opioid therapy for chronic pain, clinicians should establish treatment goals and consider how therapy will be discontinued if benefits do not outweigh risks.
3. Before starting and periodically during opioid therapy, clinicians should discuss with patients known risks and realistic benefits of opioid therapy.