Scalpel Weekly News

Week of: January 23, 2012

IN THE NEWS


Employee's Injury When Attempting to Stop Car from Rolling Away Was Compensable

A workers' compensation claimant could receive benefits for an injury received when she attempted to stop her car that was rolling away while the claimant was in the process of opening a gate at her place of employment. The court found this was not a deviation from the employment that would bar compensation.


 
MEDICAL ALERTS


CDC Warns of Cronobacter Bacteria Possibility in Infant Formula

The CDC issued an announcement about cronobacter its risk to infants as it can be found in some powdered infant formula, powdered milk, herbal teas, and starches.



CDC Advises Parents to Vaccinate Children Against Chickenpox

The CDC issued an announcement alerting parents that chickenpox is a very contagious disease and a child may be at risk if he or she has never had chickenpox or has never gotten the vaccine.



Binge Drinking Is More Common in the United States than Formerly Thought

The CDC released a new report that claims 38 million U.S. adults binge drink an average of four times a month and the most drinks they consume on average is eight. The CDC estimates that binge drinking causes more than 80,000 deaths in the United States each year, making it the third leading preventable cause of death.


  CASE ALERTS


Employee’s Seizure at Work Held Compensable Injury

An employee’s injury sustained when he suffered an idiopathic seizure at work, fell, and struck his head on the cement floor was compensable. Even though the employer denied liability for the injury, claiming that the employee had a preexisting seizure disorder that was unrelated to his employment, the court held the baker was injured while he was performing work duties for the benefit of his employer, a bakery, and he hit his head on the floor of the work area provided for him by his employer.



Treatment by Physician's Assistant Can Be Considered in Malpractice Action Against Physician Assistant's Employer

The appellant, as administratix of her daughter’s estate, brought a New Jersey medical malpractice and wrongful death action against the parties involved in her daughter’s health care that culminated in the daughter’s death. Although the appellant did not name the physician’s assistant as a defendant, the appeals court held that the trial court erred in not considering the care that the physician’s assistant provided in assessing the medical malpractice claim.



Employer Has Continuing Duty to Investigate and Assess Claimant's Disability Status and May Not Rely Solely on Old Medical Records

A workers’ compensation claimant was properly awarded a penalty and attorneys’ fees after the employer failed to reinstate benefits in reliance on old medical records rather than continuing to assess the claimant’s deteriorating condition and considering the evolving opinions of the employee’s physicians.