Nuclear Workers Claims Stall After HHS Medical Panel Pause

• The medical claims by thousands of nuclear workers are in limbo after the HHS suspended indefinitely the expert medical bodies charged with reviewing those claims, Reuters reported.
• The suspension of the board and its impact on the claims processes has not been previously reported.
• “Meetings of the Advisory Board on Radiation and Worker Health are currently paused due to outstanding administrative requirements, which the program is actively working to resolve,” a CDC spokesperson told Reuters in a statement.
• The Energy Employees Occupational Illness Compensation Program Act, passed in 2000, entitles eligible workers at U.S. Department of Energy and Defense nuclear sites to a $150,000 lump-sum payment and medical insurance.
• The compensation is available to workers diagnosed with cancers associated with high exposure to radiation, or those who can demonstrate such exposure during their employment.
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Ohio Employers Advised on Exams to Contest Psych Allowance Claim

• Ohio employers are advised to to review the allowed or alleged physical conditions before certifying a workers’ compensation claim for a psychological condition to make sure there is the required nexus between a worker’s physical injury and their corresponding mental condition.
• Frantz Ward attorney Josh Friedman writes on the firm’s blog that “having the injured worker examined by a [Ohio Bureau of Workers’ Compensation]-certified mental health provider and obtaining past treatment records, including mental health records, are advisable in order to contest a psychological allowance claim.
• “The definition of “injury” in Ohio law does not include “psychiatric conditions,” except when that psychiatric condition arose from an injury and/or occupational disease,” the Cleveland-based attorney writes.
• The key takeaway from this statute is that for a psychiatric condition, such as major depressive disorder or generalized anxiety disorder, to be compensable, it must arise from a physical injury or occupational disease.
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NJ Governor Signs Bill Providing WC Mental Coverage for First Responders

• New Jersey Gov. Phil Murphy yesterday signed into law a bill that provides for workers’ compensation coverage of certain counseling services for first responders.
• The legislation, A-5792/S-4590, also provides that certain mental health related communications are confidential.
• Earlier this year, the state’s police unions said that the bills were a top priority.
• “This bill was a major priority for the State PBA in order to address the continued epidemic of officer suicide in New Jersey,” the New Jersey State PBA said in a LinkedIn post.
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