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

Category: Medical Conditions (Page 5 of 19)

L&I Claim and Arthritis Around the Spine – A Challenging Medical Condition

Recently, I’ve encountered an interesting diagnosis in several L&I claim matters in Washington State. The name of the condition is diffuse idiopathic skeletal hyperostosis (or DISH in short). It relates to arthritis mostly around the spine. Sometimes, we encounter the condition in the context of work injury involving the lower or upper back.

 

Arthritis in the spine area

Diffuse idiopathic skeletal hyperostosis is an arthritic condition. It happens when various musculoskeletal structures such as ligaments and tendons harden overtime. The condition is most common around the ligaments and tendons of the spine. However, it can also manifest itself in the hips, knees, shoulders, feet, and hands.

 

Some of the most common symptoms include stiffness, decreased mobility, and pain. After a work injury, many people report experiencing the symptoms especially upon waking in the morning. Over time, diffuse idiopathic skeletal hyperostosis can cause bone spurs around the affected areas. Then, if bone spurs form, they can also cause additional inflammation and impact nerves in the area. Unfortunately, depending on the areas in question, bone spurs that impact nerves can become quite dangerous. Moreover, they require surgical intervention. However, it’s important to note that many people do not experience any symptoms. Frequently, medical doctors diagnose the condition after performing imaging studies following an acute workplace injury.

 

A unique arthritis condition

Interestingly, diffuse idiopathic skeletal hyperostosis is largely an asymptomatic condition. On top, it’s an interesting condition for other reasons. First, medical professionals still do not fully understand its causes. In fact, various medical sources suggest that causes include genetics and the aging process. Some studies imply causes such as inflammation, metabolism, and possibly body mechanics. Furthermore, another interesting feature of the condition is that it impacts certain types of people. For example, it’s more frequent in men, especially over 50 years old.

 

Individuals who have diabetes or conditions that raise insulin levels also have higher likelihood of developing the condition. Additionally, researchers found some connections to certain acne medication and excessive vitamin A intake or production. Finally, other sources found that diffuse idiopathic skeletal hyperostosis might relate to repetitive heavy lifting.

 

Challenging condition in the workers’ compensation claim setting

We can all agree that this type of arthritis has unusual features. Also, it can be very difficult to diagnose the condition. Hence, it’s also difficult to handle diffuse idiopathic skeletal hyperostosis under an L&I claim. Personally, in the cases I encounter, the individuals didn’t know they had the condition. Surprisingly, doctors discovered the condition while treating clients after an industrial injury or workplace accident.

 

Naturally, the discovery of the condition raises questions about the origins of the symptoms that these individuals are experiencing. Do their symptoms originate from their work injury? Do their symptoms originate from diffuse idiopathic skeletal hyperostosis? Is it a combination of the two? Would the condition become symptomatic if it wasn’t for the industrial injury?

 

Conclusion

We have to leave these questions to the medical experts to answer. However, the difficulty is that there’s a lack of consensus amongst medical professionals. Therefore, it is common to have differing opinions in response to each of these questions. Consequently, it means that there’s much higher likelihood to run into disputes when encountering the condition in an L&I claim or self-insured employer claim. Should L&I cover the condition under the claim? If not, why not? And so on.

 

Some work injury claimants intend to pursue acceptance of the condition under their workers’ compensation claim. Therefore, it’s important to have strong medical opinion. These medical opinions must explain the causal connection in light of the unique nature of this condition.

L&I Claim for COVID

I’ve been getting lots of questions about work-related COVID L&I claims. How do I get compensation if I caught COVID at my workplace? What if my family member died after getting COVID at work? Unsurprisingly, lately I see more and more L&I claims involving workers that got the Coronavirus at work. And even more sadly, in some cases, employees passed away after contracting COVID at their workplace. Let’s talk more about an L&I claim for COVID. It’s a complex topic.

 

L&I claim after contracting COVID at work

The Department of Labor and Industries (L&I) is processing many COVID-19 L&I claims on the basis of the Health Emergency Labor Standards Act (HELSA). Interestingly, this Act became law on May 11, 2021. Furthermore, according to the Act, for frontline workers, there’s a presumption that contracting any infectious or contagious disease like COVID during a declared public health emergency constitutes an occupational disease under the Industrial Insurance Act.

 

However, a worker must meet the legal definition of frontline worker to be eligible for the presumption. On top, workers and employees must provide verification that they contracted the infectious disease. Additionally, HELSA imposes some requirements from employers. For example, requiring larger employers to notify L&I if an outbreak occurs involving 10 or more workers. There are also prohibitions on discriminating against high-risk workers, and a duty to notify workers of known exposure to the disease.

 

 

COVID and Coronavirus at work

The occupational disease presumption for frontline workers is rebuttable. Employers can rebut it by showing:

(a) That the exposure occurred from some other employment or non-employment activities; or

(b) That just prior to contracting the disease, the worker was working from home, on leave, or a combination of the two, for the period of quarantine consistent with state and federal guidance.

L&I has been allowing the vast majority of COVID workers’ compensation claims it receives, under HELSA. Consequently, some employers started appealing these Coronavirus workers’ compensation claims. On appeal, these employers will have the burden of proving that one of the rebuttal circumstances applies.

 

COVID L&I claim appeal and Board of Industrial Insurance

It feels like COVID has been around for a very long time. However, appeals involving COVID cases under HELSA are still very new. We don’t yet know how the Board of Industrial Insurance Appeals (BIIA) and higher courts will interpret HELSA and apply it to the fact of each case. There are going to be several key issues in these COVID L&I claim appeal instances. Lack of testing available in the early months of COVID is one. Also, variable reliability of COVID tests is another. On top, there’s non-work activities and interactions. Finally, there’s the question of whether workers meet the legal definition of frontline workers.

 

The fact that people had wildly different experiences of severity and recovery from Coronavirus will surely lead to additional complexities. I expect these complexities to arise in both COVID L&I claim appeal and overall COVID claim administration. Sadly, cases involving workers who died after contracting COVID are likely to be highly contested given the significant benefits that could become available to survivors and dependents.

 

What’s next for HELSA and COVID claims?

We cannot fully predict how HELSA will be interpreted and how appeals to COVID claim allowance will play out. However, what is certain is that these cases are being appealed. They are being tried by attorneys with vast skill and experience in workers compensation representing employers. Workers, survivors and their dependents who are facing an employer appeals to claim allowance should take the time to consult with an experienced plaintiff-side workers’ compensation attorney.

 

L&I Claims for People Working on Computers: Can We Prevent Them?

When we think of jobs that lead to a workers’ compensation claim in Washington State, we usually think about heavy physically demanding jobs. For example, construction work, truck driving, and so on. However, I see many L&I claim occurrences that relate to more sedentary work environments. People that work on their computer workstation most of the workday face several potential hazards.

 

Workers’ comp claim when working on computers

For instance, people that work on computers for long may develop muscle and joint problems and vision problems. Other cases I see include repetitive stress injuries, headaches, and sleep problems. Furthermore, every once in a while we encounter hearing loss from headphone use, and the risk of developing blood clots.

 

These days, more and more people that work on computers are working from home. Unfortunately, many employees are working long hours in makeshift workstations in uncomfortable and unsafe postures. However, there are some good news. In fact, you can reduce the likelihood of developing the conditions above (and others) by setting yourself up with a safe and comfortable workstation.

 

L&I helping computer workers prevent work injury

The Department of Labor and Industries (L&I) in Washington State has resources to help people working on computers stay healthy. The guidelines and resources can help prevent work injury. Whether you are working from home or in the office, L&I offers self-help tools to create safe workstations. Moreover, if tools are not enough, L&I offers consultation services that can help. You can schedule consultation by emailing Ergonomics@lni.wa.gov or calling (360) 902-5450.

 

Employers don’t necessarily have the training of expertise to ensure appropriate set up for employee’s computer workstations. To complicate matters, proper workstation ergonomic layout can vary and depend on the individual worker. Therefore, why not take advantage of L&I’s expertise and get help setting up ergonomic workstations? After all, having a comfortable and healthy workstation benefits both workers and employers. Also, it can certainly reduce the likelihood of work injury or industrial disease LNI claim, or other work-related problems.

 

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