Tara Reck, Managing L&I Attorney at Reck Law PLLC - Workers' Compensation Attorneys

Category: Medical Conditions (Page 18 of 19)

L&I Approves New Treatment for Severe Upper Cervical and Neck Injuries

The Department of Labor and Industries (L&I) recently announced that it will cover Diaphragmatic Phrenic Nerve Stimulation. It’ll help select injured workers who have partial or complete ventilatory failure or respiratory insufficiency. Sometimes, we see these conditions in an L&I claim for a neck injury or back conditions.

 

What is ventilatory failure and when does it happen?

This failure often occurs as a result of upper cervical spinal cord injury, to the neck for example. Now, L&I is going to allow a treatment that involves implanting an FDA-approved diaphragmatic/phrenic nerve stimulator. It is an alternative to mechanical ventilation. Moreover, it reduces and sometime even eliminates the need for ventilatory support.

 

What back injury is covered in the new treatment under my L&I claim?

Five conditions must be met for the treatment to be covered in an L&I claim. Those conditions are:

(1) The injured worker must have ventilatory failure due to upper cervical (neck) spinal cord injury;

(2) The work injury victim cannot breathe spontaneously for 4 continuous hours or more without use of a mechanical ventilator;

(3) The injured claimant’s diaphragm can be stimulated either directly or through the phrenic nerves to generate sufficient movement to accommodate independent breathing without the support of a ventilator for at least 4 continuous hours a day;

(4) The worker who suffered the workplace injury has normal chest wall anatomy and normal lung function; and

(5) The injured worker has normal cognitive function and the motivation to undertake the rehabilitation and training program associated with the use of the device.

 

What is the process to get the new upper back injury treatment?

As is typical for procedures of this nature, requests for Diaphragmatic Phrenic Nerve Stimulation require prior authorization. Also, it is  important to document how the 5 conditions above are met. Proper tracking and documentation can help make the authorization process more efficient. Authorization for State Funded workers’ compensation claims must go through Comagine. Authorization for Self-Insured claims must go through the Self-Insured employer or their third-party administrator (TPA).

L&I Report: Countertop Stone Fabricators Should File an Occupational Disease Claim for Dust Exposure

Manufactured stone countertops are popular. However, The Department of Labor and Industries (L&I) in Washington State warns that engineered stone fabricators are at risk for developing a severe lung illness called silicosis. Silicosis is an incurable lung disease caused by silica dust exposure. Exposure to this dust may also cause chronic obstructive pulmonary disease (COPD), kidney disease, lung cancer, and increased risk of developing tuberculosis (TB) or other lung infections.

 

L&I and Silicosis: How did fabricators develop the condition?

The CDC has documented 18 cases of workers developing silicosis in Washington State and 4 other states between 2017 and 2019. The workers had an exposure to silica dust from cutting and grinding engineered stone countertops. Interestingly, the countertops in question are mostly quartz countertops. Two of those cases were fatal.

 

One case in Washington State was a worker in his 30s. His diagnosis was silicosis, back in 2018. He had been exposed to silica dust for about six years working as a stone countertop fabricator. L&I says he is facing serious health issues and may need a lung transplant.

 

What are the symptoms of Silicosis?

Usually the symptoms of silicosis appear 15-20 years after exposure. Symptoms can appear earlier in instances of very high exposure to silica dust. Exposure occurs whenever silica dust gets in the air from sawing, grinding, polishing, shaping or installing natural or engineered stone. It also occurs from sweeping dry and dusty floors. Cleaning dusty clothing or equipment covered in silica dust also creates exposure.

 

As part of its Safety & Health Assessment & Research Program (SHARP), L&I is alerting at risk employees and employers of the dangers of silica dust. L&I warns that engineered stone can contain high amounts of silica. Exposure to that dust makes countertop fabrication a highly hazardous profession.

 

When should I file an L&I claim for Silicosis?

Early detection and diagnosis of conditions caused by silica dust exposure can make a big difference. L&I recommends that countertop workers talk with their doctor if they are regularly exposed to dust or if they experience breathing problems. Workers should know that developing silicosis from exposure to silica dust at work is probably an occupational disease condition. Workers must file an occupational disease workers’ compensation claim within two years of being notified by a medical provider that they have an occupational disease. More information about preventing silica dust exposure can be found on the L&I website.

L&I Claim for Cancer Treatment and Proton Beam Therapy

The Department of Labor and Industries (L&I) recently made a coverage decision regarding proton beam therapy. Here, the decision is in an L&I claim for cancer and its treatment. An L&I claim for cancer falls under an occupational disease claim. These types of claims arise when work conditions cause a sickness or an illness. For treatment, proton beam therapy delivers high doses of radiation to tumors with limited scatter impact to the surrounding tissues. In fact, this procedure is ideal for treating deep tumors that are close to critical organs and body structures.

 

What cancer types does L&I cover under my claim?

Recently, L&I decided that proton beam therapy is a coveted treatment for injured workers presenting with certain primary cancers. Interestingly, these kinds of cancers include esophageal cancer and head or neck cancer. They also include skull-based cancer and hepatocellular carcinoma cancer. Moreover, they include brain cancer, spinal cancer, and ocular cancer. Also, other types of cancers are included when all other treatment options are contraindicated, after review by a multidisciplinary tumor board.

 

Proton beam therapy

Proton beam therapy is not new. In fact, proton beam therapy was under review in 2014 for L&I claims for cancer. After that, the State Health Technology Clinical Committee (HTCC) reviewed it again in May 2019. On re-review, the HTCC expanded the kinds of primary cancer proton beam therapy under this treatment. L&I has adopted the HTCC coverage determination for workers’ compensation claims.

 

L&I claim for cancer and treatment authorization

Generally, in workers’ compensation claims, proton beam therapy requires prior authorization. For State funded claims, you can complete a pre-authorization form to obtain the necessary authorization. To obtain pre-authorization in a self-insured workers compensation claim, you must go through the employer or their third party administrator.

 

More information about proton beam therapy in L&I claims and workers’ compensation claims is available on the L&I website.

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