Workers' Compensation News


	Extensive Changes to Claims-Handling Standards Take Effect Aug. 2		05/16/2018

	State: TN \| Segment: SOUTH \| 157 \| 0 \| Popular with Legal \| 89 min read
	Tennessee's Bureau of Workers' Compensation announced new claims-handling standards and rules that will take effect Aug. 2, including a rule that ends the requirement that carriers have a claims office in the state. ...Read More


	Exclusivity Doesn't Prohibit Defamation Claims, High Court Rules		05/10/2018
	By: Greg Jones (Deputy Editor)
	State: HI \| Segment: Top \| 203 \| 0 \| Popular with Legal \| 8 min read
	An injury to a worker's reputation is not the kind of injury that is subject to the exclusive remedy of the workers' compensation law, the Hawaii Supreme Court ruled in overturning a six-year-old appellate court decision. ...Read More


	Electrician Accused of Double-Double Dipping		05/04/2018

	State: CA \| Segment: WEST \| 578 \| 0 \| Popular with Legal \| 43 min read
	A Bay Area electrician is accused of working for three different employers while drawing temporary disability benefits for separate claims filed against two carriers, the California Department of Insurance said Thursday. ...Read More


	EquityComp Customer Can't Be Compelled to Arbitrate Claim of Fraud		05/04/2018
	Source: WorkCompCentral
	State: CA \| Segment: WEST \| 393 \| 0 \| Popular with Legal \| 10 min read
	A California appellate court ruled that a disgruntled EquityComp customer could not be compelled to arbitrate its fraud claims against the program providers, since the arbitration agreement the customer had signed was not enforceable. ...Read More


	Employer Had Immunity From Civil Liability to Worker Provided by Staffing Agency		05/03/2018
	Source: WorkCompCentral
	State: OH \| Segment: NORTH \| 151 \| 0 \| Popular with Legal \| 52 min read
	An Ohio appellate court ruled that an employer was immune from civil liability for a worker’s negligence claim because it controlled the aspects of his day-to-day job activities and had arranged for payment of workers’ compensation premiums through the staffing agency that had placed ...Read More


	Employer's Failure to Timely Contest Claim Didn't Relieve Worker of Burden to Prove Causation		04/25/2018
	Source: WorkCompCentral
	State: NY \| Segment: NORTH \| 143 \| 0 \| Popular with Legal \| 50 min read
	A New York appellate court ruled that a school worker was not entitled to benefits for a back injury just because her employer failed to timely contest her claim. ...Read More


	Employer Must Get Hearing on Motion to Nullify Default Judgment		04/23/2018
	Source: WorkCompCentral
	State: LA \| Segment: SOUTH \| 106 \| 0 \| Popular with Legal \| 61 min read
	A Louisiana appellate court ruled that the alleged employers of an injured construction worker should have been afforded a hearing on whether a default judgment against them should have been nullified. ...Read More


	Evidence Didn't Support Inference That Worker's Intoxication Led to Fatal Accident		04/19/2018
	Source: WorkCompCentral
	State: FL \| Segment: SOUTH \| 250 \| 0 \| Popular with Legal \| 12 min read
	Florida’s 1st District Court of Appeal on Wednesday overturned a denial of benefits to a worker’s widow, deciding that the record evidence did not support a finding that his intoxication contributed to his death from being struck by a truck. ...Read More


	Ex-Deputy Gets 180-Day Sentence for Fraudulent Claim		04/12/2018

	State: CA \| Segment: WEST \| 561 \| 0 \| Popular with Legal \| 36 min read
	A former San Diego County sheriff’s deputy was sentenced to 180 days in jail for filing a false claim for a back injury, according to a report by the CBS affiliate in San Die...Read More


	Employer's Failure to Offer Position to Injured Worker Didn't Entitle Her to Additional Benefits		04/12/2018
	Source: WorkCompCentral
	State: AR \| Segment: SOUTH \| 125 \| 0 \| Popular with Legal \| 3 min read
	The Arkansas Court of Appeals upheld a finding that a former employee of the state Department of Correction was not entitled to additional benefits based on her employer’s failure to offer a position after she was cleared to return to work. ...Read More

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Today's Round Up

NY - Albany's Loss-of-Use Claims Spiked in 2017

06/22/2018 | 23 | 0

Payouts for loss-of-use claims in Albany spiked by 1,700% in 2017, leaving the city with almost $2 million in payouts to injured city workers, according to a local news report. But it could have been worse. City officials said a third-party administrator was able to shave $282,000 in administrative fees from workers' compensation claims, the Albany Times Union reported this week. Part of the reason for the spike in benefits payments may be a change in state law, which will reduce benefits in coming years. Claimants may have rushed to file claims in 2017 to reap higher rewards, ... Read More

RI - House Approves Limits on Uninsured Fund Payouts

06/22/2018 | 12 | 0

The Rhode Island House of Representatives this week passed a bill that will limit the amount that injured workers and their dependents could receive from the state's uninsured employer fund. Rep. Carol Hagan McEntee House Bill 8215, introduced by Democratic state Reps. Robert Craven and Carol Hagan McEntee, would rename the fund as the Rhode Island Uninsured Protection Fund and would limit benefit payments to a total of $50,000, plus attorneys' fees related to the claim. The employer would also be required to reimburse the fund for benefits paid to workers and for attorneys&#... Read More

NATL. - Church Mutual Appoints Assistant VP for Risk Control

06/21/2018 | 79 | 0 | 10 min read

Guy Russ Church Mutual Insurance Co. announced Wednesday the appointment of Guy Russ as assistant vice president of risk control. He will report to Kevin Root, executive vice president for operations. Church Mutual hired Russ in 2012 as director of program management. Since then, he has worked as information technology executive manager, assistant vice president of IT and assistant vice president of strategic resource management. Russ worked as a consultant for Church Mutual for four years before becoming an employee. Russ earned a bachelor of science degree in finance from Caroll C... Read More

NY - Contractor to Pay Restitution for Failure to Provide Coverage

06/21/2018 | 83 | 0 | 7 min read

An Upstate New York contractor was ordered to pay $8,500 in restitution and fines for failing to provide workers’ compensation insurance during a siding and roof repair project in Aurelius, the online edition of The Citizen newspaper reported. Stephen Pollot, of Waterloo, pleaded guilty Tuesday to failure to provide coverage, a felony. He admitted that his business, D&S Home Improvements, failed to provide coverage for seven employees in June 2015. Cayuga County Chief Assistant District Attorney Chris Valdina told the newspaper that New York State Police launched an investigation a... Read More

RI - Division Again Cuts Assessment Fee

06/21/2018 | 71 | 0 | 1 min read

The Rhode Island Division of Workers' Compensation has proposed another reduction in the assessment fee that goes to run the division, the agency announced this week. The fee would drop, from 5.75% to 5.25%, and would mark the fourth straight year that the division has cut the fee. In 2015, the rate was 6.5%. Based on last year's numbers, the decrease is expected to save insurers and self-insured employers more than $1 million. Workers’ comp premiums are based on a company’s payroll. With the growth of the economy and more Rhode Islanders working, the premium base h... Read More

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