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Personal Injury and Workers’ Compensation Law Round-Up – May 30, 2013

Written by Ankin Law Office

Here’s what other personal injury and worker’s compensation lawyers were talking about the week of May 30, 2013:

  • Mobile Health Screenings Can Be Bad Medicine (Protect Patients Blog). This article advises patients to take caution when using mobile medical screenings, such as those found at the shopping mall or sports centers. These mobile clinics offer screening tests for a wide variety of health issues, including ultrasounds and EKGs, but patients should think twice before using these mobile medical screenings since they yield a high percentage of false positives and inaccurate results.
  • Shortcuts at the Social Security Administration Mean Mistakes (Worker’s Compensation Law Blog). The Wall Street Journal recently reported that the Social Security Administration (SSA) started pressuring the 140 doctors the agency uses to help evaluate some of the claims due to mounting frustrations with the backlog of applications for Social Security disability benefits. Unfortunately, this has resulted in increased mistakes and erroneous claim denials since doctors are being asked to evaluate conditions that are not in their areas of expertise.
  • Safety Lessons from New York to Texas (The Pop Tort). This article discusses the construction safety laws of various states. New York has some of the safest laws in the country under New York’s Labor Law, §§240-241, which places an absolute duty upon owners and contractors to make scaffolding, ladders, equipment, and elevators safe for construction workers.  At the other end of the spectrum are states like Texas, which “is the only state that does not require companies to contribute to workers’ compensation coverage,…boasts the largest city in the country, Houston, with no zoning laws,…does not have a state fire code, and prohibits smaller counties from having such codes…But Texas has also had the nation’s highest number of workplace fatalities — more than 400 annually — for much of the past decade.”
  • Federal Court Upholds Vocational Economic Testimony (Traumatic Brain Injury Law Blog). A recent decision upheld the inclusion of vocational economic testimony in a personal injury case. Prior to plaintiff’s accident, he had never made more than $10,000 per year, but the United States District Court for the Northern District of Illinois-Eastern Division allowed the plaintiff to introduce the testimony of a vocational economic expert who opined that the plaintiff’s loss in lifetime earning capacity was approximately $957,000. The expert’s opinion was reached by comparing plaintiff’s pre-injury earning capacity and work life expectancy with his post injury earning capacity and work life expectancy using data from the U.S. Census Bureau’s American Community Survey.
Categories: Personal Injury