Botox Treatment for Low Back Pain

Dr. Koop presents a detailed description of the use of Botox treatment for low back pain. The treatment is used to reduce muscle spasm. In a study five patients reported complete pain relief after four months, and the remaining seven experienced at least a 50 percent reduction in pain.

Low Level Heat Therapy for Low Back Pain

In another study, the American Congress of Rehabilitation Medicine and the American Academy of Physical Medicine and Rehabilitation endorsed the claims of the Procter & Gamble Company, makers of the ThermaCare(r) HeatWrap, that use of their product feels good. This was published in the form of a scientific study showing use of the heat wrap was twice as effective as the placebo. What was the placebo, an unheated back wrap? Well, yes, with ibuprofen, and the heat wrap users got a sugar pill.

Drug Free Workplace Pilot Project Extended

The Drug Free Workplace pilot project is a program offered by Drug Free Pennsylvania and SWIF that offers a workers' compensation premium credit for those SWIF insureds which enroll in Drug Free Pennsylvania's "Drugs Don't Work Here" program. The credit is up to 5%, and is available from SWIF's Philadelphia, Harrisburg, Pottsville and Sunbury offices. The program is extended for an additional year.

Commonwealth Court Affirms Determination of Insurance Carrier Based on Estoppel

in Overhead Door Company v. WCAB (Gill), The Commonwealth Court reviewed a case where SWIF defended the case as if it was the carrier for fifteen months, then presented evidence from the Employer that the Claimant was employed by a different corporation of the Employer and AIG was the carrier. The WCJ's ultimate decision was that SWIF was estopped from denying it was the responsible carrier. The Board and Commonwealth Court affirmed. The Court reasoned that the WCJ's subject matter jurisdiction over the Claimant's claim was sufficient to give jurisdiction to make the finding that SWIF was the responsible carrier.

Commonwealth Court Again Continues Harle Suspension on Economic Layoff

In Klarich v. WCAB (RAC's Association), the Commonwealth Court affirmed the WCJ's medical only grant of a claim petition where the Claimant continued to work without restrictions up to his economic layoff. The Claimant had restrictions which the WCJ credited, but the Claimant testified his restrictions did not prevent him from performing his pre-injury duties. The Court reasoned the Claimant could not show he was unable to perform his pre-injury duties, so the burden did not shift to the Employer to show job availability.

Secretary Schmerin's Nomination Approved by Senate Labor and Industry Committee

Secretary of Labor and Industry Nominee Schmerin presented his remarks to the Senate Labor and Industry Committee and was approved unanimously. His nomination now goes to the Rules committee for an additional vote before going to the full Senate.

Another Interpretation of Caso

In the Commonwealth Court Case of Henry v. W.C.A.B. (Keystone Foundry), the Claimant attended a vocational interview by an expert not then approved by the Department. The expert's testimony was used in support of the modification granted by the WCJ. The Commonwealth Court held the Claimant voluntarily attended the vocational interview and failed to challenge it before the WCJ. Under these circumstances, the Claimant waived a challenge based on Caso and Walker. The Commonwealth Court did not address the footnote in Summit Trailer Sales suggesting the testimony of a vocational expert who was not approved by the Department at the time of the interview is not competent. However, the competency of the vocational expert may not have been fatal to the employer's case in any event, because the modification was granted on a funded employment job referral.

Paralegal and Law Clerk Fees Are Not Recoverable Under Section 440 of the Act

The Commonwealth Court case of Vitac Corporation v. W.C.A.B. (Rozanc) addressed the scope of Section 440 costs. These include only costs for attorney's fees, witnesses, necessary medical examination and the value of unreimbursed time to attend the proceedings. The Court indicated the maxim of expressio unius est exclusio alterius provides that attorney's fees are the only reimbursable cost from the attorney's office. In other words, an attorney will not be permitted to unbundle costs for law clerks, paralegals, online legal research, travel expenses [except as as allowed under 34 Pa. Code Section 131.67(a)], mailing expense, faxes, copies, and telephone expense.

Employees of Statutory Employer are Immune From Civil Suit

In the case of O'Donnell v. R.M. Shoemaker and Co. and Fluidics. Inc. and Penn the Superior Court addressed whether the employee of the Claimant's statutory employer is immune from suit. The Court held that where an individual's employer is immune from suit under Section 203 of the Act, the individual is in the same employ as the Claimant under Section 205.

The Third Circuit case of Sanfilippo v. Barnhart stands for the proposition that the Social Security offset should be calculated right the first time. The Claimant did not get a lifetime pro-ration in his first Order approving a Compromise and Release. When the Administration made a determination that the offset would be $195.15 per week, the Claimant went back and got an amended Order of the WCJ setting forth a lifetime pro-ration and an offset of $29.59. An ALJ accepted the Order, but the Administration appealed and the District Court reversed. The Third Circuit Court of Appeals affirmed the District Court finding the amended Order of the WCJ was only for the purpose of changing the Administration's initial determination. The Court held the Administration's initial determination was consistent with law and should be upheld.
This case did not hold that a lifetime pro-ration could be disregarded by the Administration if it is included in the original Order on a Compromise and Release. The SSA's Program Operations Manual System (POMS) still calls for deference to the rate specified in the lump sum award.
Thank You to the Honorable Michael Rosen and and Deputy Secretary Elizabeth Crum for sharing this case.

The 2000 Life Tables have been published by the National Center for Health Statistics. For Sciarotta language in Compromise and Release Agreements, use of the most recent Life Tables gives the most favorable calculation. Note the suggested citation:
Arias, E. United States life tables, 2000. National vital statistics reports; vol. 51 no. 3. Hyattsville, Maryland: National Center for Health Statistics. 2002.

A University of Pittsburgh study discovered that people who are unhappy at work and who are forced to work under intense and hectic conditions are more likely to feel back pain than others. The study adjusted for factors such as prior injury and amounts of lifting, and concluded the quality of the workplace influenced workers' reports of back pain. Article