Study Looks at Causes of Expensive Back, Shoulder Injuries

• A new study from the Workers Compensation Research Institute (WCRI) examines the key factors associated with high-cost workers’ compensation claims involving back and shoulder injuries, where medical expenses exceed $65,000 within 36 months of injury.
• The new study refines earlier analysis on all injuries by focusing on back and shoulder injuries to better understand what contributes to higher claim costs.
• The study looks at four back conditions (neurologic back pain; disc disorders; degenerative back conditions; and sprains, strains, and non-specific pain) and three shoulder injuries (rotator cuff disorders, frozen shoulders, and shoulder osteoarthritis).
• The analysis is based on about 194,000 workers’ compensation claims with more than seven days of lost time, from 32 states. These claims involve injuries that occurred between Oct. 1, 2015, and March 31, 2019, with detailed treatment and billing data tracked for up to 36 months after the injury, through March 31, 2022.
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NY Court Sides With Gallagher in Self-Insured Bus Operators Lawsuit

• A New York court last week stopped a New York Bus Operators Compensation Trust (NYBOCT) attempt to expand its lawsuit against Arthur J. Gallagher & Co. over workers’ comp claims.
• In the dispute, which dates from 2017, NYBOCT accused Gallagher and affiliate companies of mishandling a workers’ compensation claim, which NYBOCT said led its excess insurer, American Home Assurance Co., to deny coverage and left the trust facing significant costs.
• New York’s Appellate Division, Second Department denied NYBOCT’s motion for “leave to amend its complaint to add the proposed individual defendants and new causes of action to recover extracontractual damages based on the faithless agent doctrine.”
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Liberty Mutual Moves to Block Liability for LX Hausys Silica Suits

• Liberty Mutual is seeking a declaratory judgement that they are not required to defend or indemnify LX Hausys America, Inc. – formerly known as LG Hausys America, Inc. – lawsuits that allege workers developed silicosis and other injuries after inhaling or ingesting silica dust from Hausys’s granite, natural stone, and artificial stone products.
• The insurer’s filing, in the U.S. District Court for the Central District of California, claims that the policies in question contain unambiguous exclusions for both silica and pollution-related claims.
• There are more than 100 lawsuits facing LX Hausys America in related matters.
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Saskatchewan Wildland Firefighters Get Cancer Coverage

• Changes came into effect last week expanding workers’ comp cancer coverage to Saskatchewan’s wildland firefighters, one of several changes to the province’s Workers’ Compensation Act, 2013.
• Workers there now have presumptive coverage for 22 types of cancer.
• Other changes now in effect include, ensuring chiropractors, healthcare professionals, physicians and psychiatrists licensed in other jurisdictions are covered.
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