Print Friendly, PDF & Email

Archives: October, 2008

Controlling Risks When an Injured Worker Dies

Does settlement during the injured worker’s lifetime bar a spouse’s claim for death benefits? Is a surviving spouse or dependent entitled to receive permanency benefits if the injured worker dies from causes unrelated to the work accident? Is a surviving spouse or dependent entitled to receive a permanent partial benefit if permanent total benefits were paid to date of death?

 

Time Appropriateness for Providing Vocational Rehabilitation

One of the most important considerations in any workers’ compensation case involving prolonged disability is to determine the point at which an employer is obligated to provide vocational rehabilitation to an injured employee. It is an important consideration given the costs involved with such rehabilitation and its impact on the overall defense of a case.

 

Medical Malpractice Case Update – Fall 2008

Anderson is a favorable decision for hospitals and health care facilities. It defines the scope of the privilege provided by the Medical Studies Act to cover a category of documents generated even before the review process begins, and to the final report of the review committee.

 

Objections to Evidence Pursuant to the 48 Hour Rule

The “48 hour rule” was extended to reports of treating physicians in Ghere v. Industrial Commission. The Ghere objection was taken to an extreme in Marks v. Acme Industries, Inc. Both Ghere and Marks illustrate that bad facts make bad law. Fortunately, objections pursuant to both Ghere and Marks may be waived by a party.

 

CMS Announces EMTALA Changes

On July 31, 2008, the Centers for Medicare and Medicaid Services (CMS) released the Hospital Inpatient Prospective Payment Systems Final Rule for Fiscal Year 2009 (Final Rule). The Final Rule addresses payment and reimbursement, Stark, EMTALA, and patient disclosure issues. This article discusses the EMTALA changes, which took effect on October 1, 2008.

 

Nursing Home Litigation Affected by Appellate Court Ruling

The Illinois Appellate Court ruled in Carter v SSC Odin that the Illinois Nursing Home Care Act (the Illinois Act) provided a defense to an arbitration clause in a nursing home contract. This decision greatly impacts the nursing home industry as courts may begin denying arbitration in cases involving nursing home care.