June/July 2022  Volume 20, Number 3        
 

surgerical operation

Updates on Marijuana Legalization, PTSD Claims and Lump Sum Settlements

Marijuana: The U.S. House of Representatives passed a bill to end the federal ban on marijuana (220-204). But it had little support from Republicans and is not likely to pass the Senate.

PTSD Claims: As we reported in our previous issue, more than half the states have legislated presumption bills allowing workers compensation claims by first responders for post-traumatic stress. A few states, like California, will permit claims by other occupations but only within the framework of fairly strict guidelines. Now the New York Senate has passed a bill that would allow all workers to file claims for post-traumatic stress disorder. The law also overrules the state’s Workers Compensation Board’s requirement which does not allow PTSD claims from workers for whom it’s normal to be exposed to stressful conditions in their job, unless the stress was “greater than that which usually occurs in the normal work environment.”

Lump sum Settlements: In our recent article on the difference between a Stipulation and a Compromise and Release, we explained how the C&R includes a lump sum payment that absolves the insurer of all future liability for the claim, no matter what.

In Massachusetts, a helper in an assisted living facility injured her right shoulder and entered a lump-sum agreement with the insurer. One year later she discovered that her left shoulder was also injured. She filed a second claim, and it was denied. The Industrial Accident judge found in her favor, however, saying the insurer “had knowledge, or should have had knowledge, of the employee’s left shoulder pain and its potential causal relationship to the work injury.” Not so, said the Massachusetts’s high court last month. “If the parties intend to reserve the right to claim an injury, they must specifically state so in the lump sum settlement.”

[return to top]

 

 

 

 

In this issue:

This Just In...

Five Ways Data Analytics is Helping Improve Workers Comp Claims

Thirty-Five Percent of Comp Injuries Happen the First Year

Is Bariatric Surgery Covered by Workers Comp?

Updates on Marijuana Legalization, PTSD Claims and Lump Sum Settlements

 

 


The information presented and conclusions within are based upon our best judgment and analysis. It is not guaranteed information and does not necessarily reflect all available data. Web addresses are current at time of publication but subject to change. SmartsPro Marketing and The Insurance 411 do not engage in the solicitation, sale or management of securities or investments, nor does it make any recommendations on securities or investments. This material may not be quoted or reproduced in any form without publisher’s permission. All rights reserved. ©2022 Smarts Publishing. Tel. 877-762-7877. https://smartspublishing.com