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

Category: Medical Treatment (Page 23 of 36)

Physical Therapy in L&I Claim: The New L&I Progress Report

Some changes are coming to physical therapy and occupational therapy under an L&I claim. The Department of Labor and Industries (L&I) issued a news bulletin earlier this week. In the bulletin, L&I announced it’s debuting a new progress report for physical and occupational therapy. The progress report form can be found on the L&I website. The importance of the report is that it will allow to track the worker’s improvement much better.

 

What is changing?

The form is intended for use by physical and occupational therapists for standard outpatient services. According to L&I, the purpose of the new progress form is to encourage implementation of “best practices”. In short, L&I is trying to standardize formatting, as well as facilitate better communications between treatment providers. Other benefits of the new form include improving patient engagement and tracking functional outcomes better than before.

 

Currently, the use of the new form is voluntary. However, L&I intends to make this form mandatory for everyone by the Summer of 2020. Therefore, it’s probably a good idea for providers to familiarize themselves with the form now.

 

Monitoring progress in physical and occupational therapy in your L&I claim

I’m always a little leery when L&I pushes “best practices”. That’s because I worry that it restricts the providers’ ability to implement their own experience and opinions. Yet, I am hopeful that this form will improve access to therapy services. In my experience, L&I often denies continued physical therapy and occupational therapy because it’s difficult to ascertain whether the injured worker is making positive functional progress.

 

I hope that standardizing progress reports will help improve that assessment. I’m also hopeful that L&I will be able to quickly approve additional therapy to maintain momentum and functional progress. However, as is the case with any change, only time will tell how this new form will impact work injury claimants’ ability to access physical and occupational therapy services.

L&I Claim for COVID-19 Corona Virus Infection

Here in Washington State, we’re all talking about the Novel Coronavirus. Over the weekend, we experienced the first US deaths attributed to this virus. In Washington State, L&I is encouraging workers to stay safe. However, if they get the disease, they should file an L&I claim for Corona virus.

 

L&I announcements regarding the Corona virus outbreak

The Washington State Department of Labor and Industries (L&I) posts information on its website related to a variety of workplace safety topics, including biological hazards. I checked today and L&I has information and resources related to Coronavirus on its Safety & Health page.

 

L&I has posed the CDC guidance for businesses and employers to plan and respond to the virus. On top, L&I posted posters in Spanish and English on stopping the spread of germs. Furthermore, it has posted the CDC situation summary and resources, and it has posted OSHA help and resources.

 

Office workers following CDC recommendations

As an employer and a workers’ compensation attorney, I found these resources very helpful and I shared them with my staff. Because I work in an office setting, I believe it is relatively easy for me to employ the CDC recommended strategies. I can encourage sick employees to stay home and I can offer flexibility with sick time. Moreover, I can encourage healthy habits to help decrease the spread of germs.

 

However, I do believe there are very similar steps many of us can do to help. Simple actions such as washing our hands regularly and covering our mouths and noses when we cough or sneeze. Also, staying home when we’re feeling poorly is important. At the same time, it’s important to acknowledge there are many industries that can’t follow the CDC recommendations. For example, industries that employ vast numbers of workers that will continue to be impacted by the virus. Spearheading those efforts are our healthcare workers and first responders.

 

Healthcare employees and first responders are on the front line

As we’ve seen, hospitals employees, EMT personnel, firemen and other first responders were exposed to Coronavirus patients. In most cases, those workers and first responders have been quarantined. As the number of individuals that have contracted the virus increases, more healthcare workers will be impacted. While those of us in other industries can limit our exposure, healthcare workers and first responders are running head-first into this storm. It will impact their health, their livelihood, and their families.

 

I’d like to take this opportunity to thank our dedicated healthcare workers and first responders. For their dedication, and to the web-being of our society. It is at times like this that we realize what a valuable resource these workers are to our society, nation, and economy.

L&I Claim for Asthma Lung Disease and Other Respiratory Diseases

The Department of Labor and Industries (L&I) has many responsibilities. They administer L&I claims, they provide work injury insurance, oversee safety and health at workplaces, as well as handle licensing and permits. Interestingly, L&I also has several other projects and initiatives, including ongoing research projects. A full list of the ongoing research projects can be found on the L&I website. The purpose of this article is to show some results in L&I claim for Asthma research. Asthma diagnosis can be found after exposure to certain materials at work.

 

L&I research for work-related causes of Asthma and respiratory disease

In my experience, workers’ compensation claims involving Asthma or other respiratory disease or conditions are challenging. The reason they are challenging is that it can be very difficult to pinpoint a diagnosis. Furthermore, it is even more difficult to prove a causal connection between the diagnosis and the workplace exposure. Therefore, it’s pretty common for L&I to reject an Asthma claim or respiratory disease claim because the diagnosis is attributed to other environmental factors or genetics. Luckily, L&I’s Occupational Respiratory research helped identify workplace causes of Asthma.

 

Workplace conditions that contribute to Asthma

L&I has been surveilling workplace Asthma since 2001. The motivation behind the research is to identify workers at high risk for developing Asthma. On top, L&I is trying to increase preventative measures and public health education. This surveillance is overseen by L&I’s Safety and Health Assessment and Research for Prevention (also known as the SHARP Program). As part of this ongoing surveillance and research project, L&I mandates health care providers to report cases of work-related Asthma to SHARP. L&I is enforcing this rule under Washington State administrative code known as the Reportable Conditions Rule (WAC 246-101).

 

L&I Asthma research outcome

The important research that L&I is conducting revealed hundreds of workplace substances known to cause Asthma. Their research indicates that 16% of new Asthma diagnoses in adults is because of some sort of exposure to certain materials at work. For example, cedar and other wood dusts, isocyanates, epoxies or epoxy glue, cleaning materials, flour dust, and agricultural hop dust are some the most common workplace substances that cause asthma in Washington State.

 

If you are an adult with a new diagnosis of Asthma, you should consider whether your work environment may have caused the disease. If you suspect your work conditions or exposure to materials and substances contributed to it, then you should speak with your medical provider. In turn, your doctor can tell you if a causal connection exists, and if they need to submit a report to SHARP. Then, your medical provider can tell you if you should file an occupational disease workers’ compensation claim.

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