Posts Tagged ‘genetic testing’

Brave new world: genetic testing and workers compensation

Wednesday, September 26th, 2007

The good news is there are new technologies that hold the promise of ending fraudulent or inappropriate disability and workers’ compensation claims. The bad news is that you’ll need to get in the business of harvesting and tracking your employee’s DNA to get there, venturing into relatively uncharted legal waters. Workforce Management and BBC both discuss the new technologies in DNA Technology May Curb Bogus Disability Claims and DNA test hope over damages claims. According to the Workforce article:

Developed by the Cytokine Institute, a research and consulting firm affiliated with the University of Illinois College of Medicine at Chicago, the technology uses DNA to determine a link between exposure to a toxin and a serious illness. It does so by identifying a toxin’s unique DNA signature on a person’s affected cells.
The technology, launched in June, has already been used in two dozen civil lawsuits between workers and insurance companies to verify the connection between exposure to toxins and a serious illness, says CEO Bruce Gillis, a doctor specializing in medical toxicology.
“It will get rid of all the nuisance and frivolous lawsuits once and for all,” Gillis says.

In addition to the application for illnesses and exposures to toxins, testing may also be able to tell if an injury has even occurred. The Workforce article also discusses technology that can measure cytokines or small proteins in a person’s cells, which elevate when an injury occurs. Cytokines can be measured as a before and after baseline to verify that an injury has occurred.
Exercise caution when jumping in the gene pool
Before you get too excited, you might check in with your lawyers, many of whom are likely to advise caution due to potential problems with privacy and discrimination issues. While there are no federal prohibitions against genetic testing, at least 30 states have laws that may say otherwise. HR Hero sheds light on the status of federal legislation putting limits on genetic testing in Lifeguard on duty: Congress patrols the gene pool, excerpted from Arizona Employment Law Letter. While many of the legal prohibitions deal with matters related to hiring discrimination and insurance denial rather than work injuries, attorneys advise a conservative approach in matters dealing with employees’ genetic information.
Genetic testing is already a hot button employment issue. Its application to workers’ compensation and other disability matters is an issue that bears watching. For a handy reference guide, the National Conference of State Legislatures offers a chart on State Genetics Employment Laws.

Genetic Testing, Part Two: The Heart of an Athlete

Wednesday, October 12th, 2005

Yesterday’s blog concerning genetic testing has prompted some thoughtful responses from our readers. It has also led to further research into the current and rather compelling story of Eddie Curry, a highly touted young center for the Chicago Bulls. Curry missed the last 13 games of the season and the playoffs due to a heart problem. The Bulls wanted him to submit to a genetic test, to determine whether he’s susceptible to cardiomyopathy, the ailment that killed former Boston Celtics guard Reggie Lewis and Loyola Marymount star Hank Gathers. Curry, citing his right to privacy, refused. He was subsequently traded to the New York Knicks, who say they have no intention of requiring the genetic test “because of New York’s privacy and employment laws.” Instead, the Knicks will rely on their team doctors.
John Hollinger at ESPN Insider was at the Knick’s press conference: “Isiah Thomas, [the Knicks general manager] must have said ‘I have tremendous confidence in our medical team’ about 12 times in a 20-minute [period].”
Wow. This is a loaded and truly fascinating situation. Were the Bulls being prudent in requiring the DNA test, or were they violating the ADA? Were they concerned for Curry’s well being or the team’s bottom line? Are the Knicks and their team doctors opening themselves to lawsuits (from Curry’s family, no less) for allowing him to play without knowing the details of his condition? Is the life of a 22 year old worth the risk, if he can pull down the boards and put up some points?
Hollinger has a rather scathing analysis of the risks the Knicks are taking: not the health risks per se, but the impact on the team’s future performance. He’s not impressed with their risk management skills.
The Death of Reggie Lewis
This situation brings to mind the saga of Reggie Lewis, the former Boston Celtics captain whose death from a heart ailment in 1993 is still wending its way through the courts. (A thorough and lucid summary of the story can be found here.) Lewis passed out briefly during a playoff game. He was sent to New England Baptist hospital where he underwent a number of tests supervised by a team of 12 of the most respected cardiologists in the Boston area. This team was called “The Dream Team” based on a similar phrase to describe the superior talent of the gold medal winning USA basketball of 1992. After thorough testing, the Dream Team diagnosed Lewis to be suffering from ventricular tachycardia, the most dangerous form of arrhythmia. The cause of this was believed to be focal cardiomyopathy, a disease of heart muscle. Of the various forms of arrhythmia, some are harmless and others are potentially life-threatening, such as this diagnosed one. Dr. Stanley Lewis, director of clinical cardiology at New England Deaconess Hospital and member of the Dream Team, said, “When you talk about arrhythmia’s that result in loss of consciousness’ you’re dealing with a deadly arrhythmia.”
Lewis found the dream team’s diagnosis — and its resulting immediate end of his basketball career — to be a nightmare, so he sought a second opinion. He consulted with Gilbert Mudge, a well known cardiologist who ran his own tests and declared that Lewis was not suffering from any sort of cardiomyopathy but merely from a curable neurocardiogenic fainting disorder.
Approximately two months after receiving Mudge’s favorable diagnosis, Reggie Lewis collapsed and died shooting baskets at a Boston gym. An autopsy revealed that his heart was abnormal, enlarged and extensively scarred. The state medical examiner was vague about the description of the scarring and the how it was likely caused.
Hidden Truth
Overarching this entire sad saga is the distinct possibility that Lewis abused cocaine. If this is true (his widow denies it vehemently), his failure to disclose the drug use directly impacted Mudge’s findings and those of the dream team as well. The author of this study finds plenty of blame to distribute among the blazing egos of the dream team docs, Gilbert Mudge and Reggie Lewis himself.
It is a cautionary tale, but the lessons are probably beyond the reach of the ambitious New York Knicks and their new center. In the best of worlds, people would look at all the available information and make informed judgments concerning Eddie Curry’s future. The world of professional sport is far from ideal — there is simply too much at stake. So here’s wishing Mr. Curry the best of luck as he throws up his jump shots and fights for his rebounds. Every time he loses his balance and falls to the floor, we’ll all just hold our collective breaths — to see if he is able to get up off the floor and go on with the game.