workers comp Archives

Weight-Loss Surgery Covered by Workers’ Comp, Carolina Appeals Court Finds

Workers’ compensation insurer Erie Insurance Group must pay for weight-loss surgery for an obese woman who was injured at her child-care center, the North Carolina Court of Appeals decided this week.

The appeals court upheld the North Carolina Industrial Commission’s 2021 award of benefits to Robin Kluttz-Ellison, owner of Noah’s Playloft, a preschool in Salisbury. After the woman fell twice and injured her knees, doctors testified that she needed knee surgery. But before she could have the surgery, Kluttz-Ellison needed to lose a considerable amount of weight, her doctors said.

After multiple, unsuccessful attempts to lose weight, the woman and her physicians said that gastric bypass surgery was her only option, and the full Industrial Commission agreed. Erie Insurance appealed, arguing that the obesity was a pre-existing condition and that bariatric surgery was not directly related to the claimant’s compensable injury.

The Court of Appeals ruled against the insurer.

“By connecting the dots,

What Do Workers Comp Investigators Look For?

If you have filed a claim for worker’s compensation or if you are an employer who has had an employee file for worker’s comp, you may be aware that investigators will check out the facts surrounding the claim.

Workers’ compensation investigators ensure that the claims paid out by the insurance company are valid. There are certain techniques they use to ensure the integrity of the victim’s report, including in-person, video, and social media surveillance.

Video Surveillance
One of the most common techniques that worker’s compensation investigators use is video surveillance. They use this to ensure that your injuries are as severe as you claim.

Suppose you claim that you have fallen and suffered a herniated disk, making walking difficult. If the investigator films you lifting

Does workers compensation cover COVID-19?

During the pandemic, many workers are concerned about their health and what, if anything, their workplace will do to compensate or protect them if they catch COVID-19. This is especially an issue for those who don’t have health insurance or other benefits.

Workers’ compensation generally covers the cost of pain and injury incurred while on the job. With the resurgence of COVID and the need for essential employees to often put their lives on the line, some wonder: Does workers’ comp cover pain and suffering and the medical costs caused by COVID?

The answer is: maybe, depending on your job. To understand this, we will dive into what workers’ comp usually covers, the situations where it does and doesn’t cover COVID, and what your other options are if you catch the virus and don’t have a legal claim to workers’ comp.

Workers Comp 101: How An Attorney Can Help You Recover

You’ve been injured on the job. Now what?
No matter the severity of your injury, workers’ compensation can help cover medical bills and wages lost due to your injury, as long as you file a claim within the appropriate amount of time and with sufficient information.
In order to be eligible for a claim, your injury will need to fall under one or more specific circumstances, including: injury by accident, a specific traumatic injury or an occupational illness or disease. If you’re hospitalized, miss work, need surgery, have a head injury or lose consciousness due to your injury, then your injury is serious enough for a claim.
Workers should ensure they understand the rules of workers’ compensation and who they should report their injury to so

Marijuana Waxes as Opioids Wane in Workers Comp

Workers’ compensation insurers have slashed spending on opioids, reducing the risk of addiction and delayed recovery, but now they are under increasing pressure to reimburse injured workers for a new kind of elixir.

Six states now allow or require insurers to reimburse workers’ compensation claimants for medical marijuana if its use is deemed reasonable and necessary, according to an analysis by researchers for the National Institute for Occupational Safety and Health and the Workers’ Compensation Research Institute. Another 10 states haven’t staked out a position, meaning marijuana reimbursement may eventually be required.

The NIOSH paper also says there is little scientific evidence to support “the lengthy list of state-sanctioned qualifying health conditions” that marijuana is used to treat. A 2017 review of scientific literature by