The News You Need for April 10

We get to know about a resilient leader, how Medicaid affected an Idaho case, and whether a COVID case was compensable in Louisiana.

Ellen Turner: Embracing Change with Social Flair

Dr. Claire C. Muselman

Sarasota, FL (WorkersCompensation.com) -- Ellen Turner, PMP is a project manager and podcast host who has navigated a dynamic career path with the zest of a true social butterfly. She embodies the essence of adaptability and connection in her professional journey, transitioning from the workers' compensation sector to the fintech industry, eager to embrace new challenges and continuous learning. Ellen advocates, networks, and transcends conventional boundaries in pursuit of fulfillment in her career. Her early aspirations of becoming a lawyer and envisioning herself as a wedding dress designer reveal a consistent thread of entrepreneurial zeal and a desire to forge her own path. Ellen's story is a testament to the power of embracing change, pursuing passion, and the invaluable lessons gleaned from every step of her career journey.

A Tapestry of Early Ambitions and Entrepreneurial Spirit

Ellen Turner had a childhood filled with dreams and a clear entrepreneurial spirit, which set the foundation for her future in the corporate world. Her early aspirations ranged from law to fashion design to writing, indicating her deep ambition and creativity, suggesting the budding entrepreneur within her. Ellen's efforts to create business cards (EM Law Firm) for her imaginary businesses were not just child's play; it was a prophetic glimpse into her future as a dynamic professional eager to explore and excel in various fields. The entrepreneurial seeds sown in her youth blossomed as she navigated her career, with each pivot and progression reflecting her inherent desire to lead, innovate, and carve out her unique path. Ellen's journey from an imaginative child to an influential professional illustrates how early passions, no matter how diverse, can shape a compelling career narrative marked by adaptability, creativity, and a lasting entrepreneurial spirit.

Embracing Change & Evolving like a Butterfly

Ellen Turner has had a vibrant career journey that mirrors the metamorphosis of a butterfly. She's always ready to embrace new challenges, making her transition from the workers' compensation industry to the fintech sector a symbol of her fearless approach to professional growth and unyielding pursuit of learning. Ellen's innate curiosity and commitment to making a meaningful contribution have enabled her to adapt and excel in healthcare advocacy and financial technology. Her versatility and knack for engaging with diverse audiences?are evident in her evolution from a project manager in workers' compensation to a voice in the podcasting world. As Ellen steps into the fintech realm, her journey underscores a continuous quest for innovation. With adaptability and enthusiasm, she believes every change presents a new opportunity for success and fulfillment.

Advocacy and Connection: Ellen's Professional Mantra

Ellen Turner's career philosophy emphasizes self-advocacy and building connections. This principle has been the guiding force behind her professional journey, helping her navigate the complexities of the corporate world with grace and tenacity. Ellen is known for being a great networker, and her ability to communicate and connect with others has transformed her roles, from project management to podcast hosting, into platforms for influence and interaction. Ellen's adeptness at building relationships extends to her work environment, where she reflects her energetic and wellness-oriented ethos through her home office setup. Her workspace is more than just a physical location; it reflects her commitment to a balanced, interconnected professional life?and demonstrates how she harmonizes her environment with her core values.

Workspace Joy and Learning from Sacrifices

Ellen Turner's workspace is a physical location and representation of her energetic and lively approach to life and work. Her standing desk and walking pad reflect her commitment to maintaining a healthy and active lifestyle while fulfilling her professional duties. Her past experiences, where she had to compromise on her time and emotional health, have taught her valuable lessons that have influenced her career approach and time management skills. Ellen's journey highlights the importance of acknowledging one's limitations, advocating for oneself, and aligning personal values and well-being with the work environment. Her insightful reflection on her past sacrifices illuminates the path toward a more balanced and fulfilling future where personal health and professional growth coexist harmoniously.

Success Through Joy and Time Well Spent

Ellen Turner's definition of success centers around the intentional and joyful use of her most valuable asset: time. She thinks that meeting professional goals, challenging oneself at every moment, and feeling fulfilled and happy are the ways to achieve true success. In her podcast, Just a Job, she and various guests discuss the multifaceted nature of success, deepening her understanding and application of this concept. Ellen's approach serves as a guiding principle for those navigating their paths, emphasizing that genuine success is deeply personal and intimately tied to happiness and personal fulfillment. Her journey highlights the importance of creating a life where work, passions, and personal growth intersect in harmony, presenting a fresh and inspiring perspective on what it means to achieve success.

Overcoming Challenges with Resilience

Ellen Turner's journey showcases how one can turn adversity into opportunities, highlighting her resilience and ability to grow amidst challenges. Her proactive approach to tackling the fear of missed chances highlights her commitment to excellence and constant pursuit of personal and professional development. When faced with a project failure that required everyone to pitch in, Ellen rose to the challenge, turning a potential setback into a pivotal moment of success. This experience boosted her confidence and solidified her reputation as a capable and dependable leader who can navigate and resolve high-stakes situations. Her capacity to draw valuable lessons from difficult circumstances and transform them into stepping stones for future accomplishments exemplifies her resilient spirit and proactive approach to overcoming obstacles.

Inspiration from Female Pioneers and Personal Connections

Ellen looks up to female founders such as Sara Blakely , Whitney Wolfe Herd , Jaclyn Johnson . She admires their ability to break barriers and navigate change gracefully. These pioneering women have shattered ceilings in their respective domains, and their stories of overcoming professional obstacles and spearheading successful businesses motivate Ellen to approach her endeavors with a similar blend of boldness and finesse. Beyond these public figures, Ellen's network, especially her strong connections with friends and family, plays a pivotal role in her journey by offering unwavering support and wise counsel. This combination of external inspiration and intimate support fuels Ellen's ambition. It reinforces her belief in the power of collective empowerment and individual tenacity.

A Lifelong Learner with a Mission to Innovate

Ellen is a valid lifelong learner who seeks knowledge and new experiences. Her dedication to education and self-improvement is evident in how she approaches every role, highlighting the importance of adaptability and curiosity. Ellen's recent transition into the fintech sector is a bold step that showcases her readiness to explore uncharted territories and apply her accumulated wisdom to new challenges. By championing the value of continuous learning and networking, Ellen is advancing her career and inspiring others to embrace a similar ethos of perpetual growth and exploration. Her journey highlights that innovation and knowledge are integral to a fulfilling career and serve as a beacon of hope for those aspiring to blend professional achievement with personal satisfaction.

Purpose, Passion, Positivity, and Growth

Ellen's story is full of spirit and constantly evolving. She has recently entered the fintech realm, and her journey has inspired her. Ellen showcases a blend of professional insight, personal resilience, and an unwavering commitment to making meaningful connections. Her story is relatable for anyone seeking to bring purpose and passion into their professional life, highlighting the importance of self-advocacy and building meaningful relationships. Ellen's future in fintech promises to be as impactful and inspiring as her previous tenure in workers' compensation. Her career continually evolves alongside her aspirations and values, embodying a path encouraging change, self-advocacy, and pursuing what aligns with our deepest values and joys. Ellen inspires everyone to embrace continuous learning, innovation, and growth. It’s time to evolve.

What Do You Think: Could Traveling Oilfield?Surveyor?Get Benefits for COVID-19 Infection?

Chris Parker

Iowa, LA (WorkersCompensation.com) – In Louisiana, it’s uncertain whether a person who contracts COVID-19 at work has an occupational disease. Generally, to constitute an occupational disease, a condition must be peculiar to the person’s job. So, does the fact that an employee has to travel a lot and stay in hotels make infection peculiar to the job, especially when the virus is rampant?

A case involving a surveyor for an oil field company addresses that question. The employee in that case often traveled out of state as part of his job. In 2020, the company sent him to work in Texas, and had him stay at a Comfort Inn. When traveling, the surveyor was on call 24 hours a day.?

While in Texas, the surveyor became sick and was diagnosed with COVID-19. He didn’t know exactly when or where he picked it up and he could not identify any infected coworkers who might have given it to him. He spent several weeks in critical care, and, as a result of the condition, was unable to return to work.

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The surveyor filed a workers’ compensation claim based on an occupational disease. The company asked the court to dismiss the case. The surveyor, it argued, didn’t establish that his COVID infection was an occupational disease under Louisiana law.

The court explained that in Louisiana, an occupational disease means a disease or illness which is due to causes and conditions?characteristic of?and peculiar to?the particular trade, occupation, process, or employment in which the employee is exposed to such disease.

Was the surveyor’s COVID-19 infection an occupational disease?

A.?No. He could not specifically link his condition to something that was characteristic of or specific to his job.

B. Yes.?He was infected when he was out of town working for his employer and continually on call.

If you selected A, you agreed with the court in?Kibodeaux v. Jan’s Construction, Inc.,?No. 23-454 (La. Ct. App. 04/03/24), which held that the surveyor failed to establish that his injury was compensable.

The court pointed out that there is no evidence that COVID-19 is peculiar to the job of an outdoor oilfield surveyor. Further, in this case, there was nothing about COVID-19 exposure that was particular to or peculiar to the claimant’s job. “On the contrary, the ubiquity of this virus precludes us from such a finding,” the court wrote.

In addition, even if COVID-19 could be found to be an occupational disease in certain cases, the court remarked, this was not such a case. Here, the claimant did not know where or from whom he caught the virus.?

Because the surveyor could not show that his COVID-19 infection met the definition of an occupational disease, the court dismissed his lawsuit.

Receiving Medicaid Benefits for Surgery doesn’t Prevent Workers’ Compensation Claim

Frank Ferreri

Boise, ID (WorkersCompensation.com) -- If someone receives Medicaid benefits to pay for surgery, does that rule out a case for workers' compensation benefits.

Not according to Idaho's top court in Thompson v. Burley Inn, Inc., No. 49940 (Idaho 04/02/24), which applied a state law doctrine to rule that a worker's Medicaid status didn't impact her ability to bring a workers' compensation claim.

A worker tripped over a stack of mats on her way to a freezer on the job. As she caught herself on a metal food preparation table mid-fall, she experienced a sharp pain her low back/upper left buttock area.

Initially diagnosed with a lumbar strain, but physical therapy, nonsteroidal anti-inflammatory medications, muscle relaxants, and narcotic pain relievers did not improve her symptoms after two months, the worker was referred to a physician. The worker then underwent surgery on her hip.

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Despite the surgery, the worker's pain continued, and a hip replacement was suggested for her, but the doctor her performed an independent medical examination on her disagreed. According to the IME doctor:

(1) The worker's symptoms were coming from her back, not her hip. (2) Her pain was caused by a preexisting condition, not her workplace fall. (3) The degree of degenerative change in her hip did not warrant a hip replacement.

Based on this IME, the carrier denied the claim. Nonetheless, the worker underwent surgery that was covered by Medicaid and filed a complaint with the Industrial Commission.

At a hearing, the referee determined that the worker suffered a hip injury in her workplace fall and applied the "full invoice" doctrine from Neel v. Western Const., Inc., 206 P.3d (Idaho 2009), which maintains that employers and sureties must pay the full invoiced amount of a workers' compensation claim when:

(1) The surety denies the claim. (2) The claim is later deemed compensable by the commission.

The employer appealed to the Idaho Supreme Court, arguing that because Medicaid paid for the surgery, the Neel doctrine should not apply as it would amount to an unintended windfall to an injured worker.

The court explained that excluding Medicaid recipients from the Neel doctrine would undermine Idaho's workers' compensation law as it could induce employers to deny workers' compensation claims of workers they suspect of being Medicaid recipients.

"The problem is compounded because, unlike other types of non-industrial insurance, Medicaid eligibility is determined by income," the court explained. "A person's Medicaid eligibility is not difficult for an employer to predict because employers know how much they pay their employees and whether those employees have access to independent health insurance—perhaps subsidized by the employer."

As a result, the court upheld the commission's decision.

WorkCompCollege.com Celebrates Milestone with Launch of 20th State Training Module: Kentucky

WorkCompCollege.com

Lakewood Ranch, FL — April 8, 2024 — WorkCompCollege.com, a premier online educational service provided by Workers' Compensation Educational Services, LLC, proudly announces the launch of its 20th State Training Module, focusing on the Kentucky's workers' compensation system. This significant addition to its comprehensive educational offerings marks a new era in state-specific workers' compensation training, emphasizing the platform's dedication to empowering professionals new to the industry or a specific state's regulations.

Kentucky's module, like its predecessors, has been meticulously designed in collaboration with jurisdictional experts, ensuring the content's relevance and accuracy. These modules are essential for understanding the nuances of workers' compensation claims, legal requirements, and ethical considerations within each state. By focusing on the specific needs of the Kentucky workers' compensation community, WorkCompCollege.com continues to set the standard for industry education.

The Kentucky module was produced by H. Doug Jones, Margaret J. Menefee, & Robert L. Swisher. Jones and Menefee are attorneys with JSB Attorneys, and Swisher is the Director, Claims-Legal, for Kentucky Employers' Mutual Insurance (KEMI).

As WorkCompCollege.com continues its mission to cover all 50 states by summer 2024, the introduction of the Kentucky module represents a significant step towards achieving comprehensive, accessible, and up-to-date workers' compensation education nationwide.

For more information about the Kentucky module and other state-specific training opportunities, please visit WorkCompCollege.com.

About WorkCompCollege.com

WorkCompCollege.com is a service of Workers' Compensation Educational Services, LLC, offering the only formal training system in the workers' compensation industry that incorporates necessary "soft skills" for whole person recovery management. With a vision for better outcomes, better communities, and a better world, WorkCompCollege.com is leading the way in educational innovation within the workers' compensation industry.