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EFA Soft tissue Management (EFA STM)^©: Baseline through Post Injury - a Bookend Program.

Legal News

OSHA MSD REFORMS 1/1/11 - Become Proactive

Employers are now in a position to utilize the EFA to age an injury, and determine Maximal Medical Improvement (MMI), thus reducing the lost or restricted day totals  This will positively impact the “lost workday case rate”.  Employers can use the EFA under OSHA to determine if there is impairment that prevents the employee from doing any task. If the determination is positive, then it is recordable.  If it is not, then the employer may transfer the employee to another job for the purpose of “preventing more serious injury.”   In this case an event is not recordable, and restricted days are not logged.

Medicare Set-Aside (MSA)  Active Jan 1, 2011

Please be aware that effective July 2009 Medicare will require reporting to them all Settlements, Awards and Judgments that involve a Medicare recipient. This also includes liability claims. There is also a requirement that the self insured or insurance carrier take into consideration Medicare’s interest as to future medical payments  This results in additional confusion and costs for the self insured or insurance carrier when resolving a claim with an injured party that is also a Medicare Recipient. This could lead to more lengthy claims as settlement process could be affected. The EFA there can quantify soft tissue injuries or medical care and ensures objective compliance with the law change.

ADA Law Change Effective Jan 1, 2009

Recently Congress approved important legislation, the ADA Amendments Act of 2008 (S. 3406), to amend the Americans with Disabilities Act to provide broader protections for disabled workers and turn back the clock on Supreme Court rulings that Congress deemed too restrictive of disabled employees' rights. President Bush is expected to sign the Act, and the changes would take effect on Jan. 1, 2009.  There is a greater need for the EFA to comply with the changes. The EFA can objectively assess disability.

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