Workers' Compensation News


	Evidence of Worker's Misstep Wasn't Enough to Defeat Summary Judgment on Labor Law Claim		06/25/2018
	Source: WorkCompCentral
	State: NY \| Segment: NORTH \| 159 \| 0 \| Popular with Legal \| 6 min read
	A New York appellate court ruled that a worker was entitled to summary judgment on his Labor Law claim for a fall from a makeshift ladder, even though a witness said the fall had been caused by a misstep. ...Read More


	Engineer Struck by Airborne Street Sign Gets Summary Judgment on Labor Law Claim		06/22/2018
	Source: WorkCompCentral
	State: NY \| Segment: NORTH \| 212 \| 0 \| Popular with Legal \| 2 min read
	A New York appellate court ruled that an engineer who was struck by an airborne street sign was entitled to summary judgment on his Labor Law claim. ...Read More


	Epic Appoints Brian Chu VP in Los Angeles		06/19/2018

	State: CA \| Segment: WEST \| 432 \| 0 \| Popular with Legal \| 88 min read
	Epic Insurance Brokers and Consultants announced Monday the appointment of Brian Chu to vice president of its Southern California operations. ...Read More


	Employer Couldn't Re-Litigate Worker's Need for Treatment		06/19/2018
	Source: WorkCompCentral
	State: NH \| Segment: NORTH \| 167 \| 0 \| Popular with Legal \| 118 min read
	A three-judge panel of the New Hampshire Supreme Court unanimously ruled that an employer could not contest the causal relationship between a worker’s compensable injury and the conditions for which the Department of Labor had approved medical care. ...Read More


	Eight Plead Guilty to WC Fraud		06/19/2018

	State: OH \| Segment: NORTH \| 344 \| 0 \| Popular with Legal \| 10 min read
	Eight Ohio residents, including a bus driver who was working two jobs while collecting benefits, pleaded guilty or no contest in recent weeks to defrauding the state-run workers' compensation system, authorities announced. ...Read More


	Employer Can't Compel IME With Psychiatrist Before Provision of Treatment		06/18/2018
	Source: WorkCompCentral
	State: MT \| Segment: WEST \| 170 \| 0 \| Popular with Legal \| 46 min read
	The Montana Workers’ Compensation Court ruled that a worker could not be compelled to attend an independent medical evaluation with a psychiatrist prior to receiving any treatment for a mental health condition. ...Read More


	Employer Had Immunity for Civil Claim for Worker's Death, But Co-Employee Doesn't		06/18/2018
	Source: WorkCompCentral
	State: FL \| Segment: SOUTH \| 268 \| 0 \| Popular with Legal \| 18 min read
	A Florida appellate court ruled that the family of a construction worker could not proceed with a tort claim against his employer for a fatal accident, but the court revived the family’s claim against a co-employee. ...Read More


	Employer's Waiver of 'Kotecki' Defense Doesn't Waive Comp Lien		06/13/2018
	Source: WorkCompCentral
	State: IL \| Segment: NORTH \| 294 \| 0 \| Popular with Insurance \| 15 min read
	The Illinois Appellate Court ruled that an employer’s waiver of its affirmative defense to limit its liability for an injury sustained by an employee did not also constitute a waiver of its statutory workers’ compensation lien. ...Read More


	Electronic-Prescribing Mandates Rapidly Multiplying		06/12/2018
	By: Elaine Goodman (medical/business reporter)
	State: NA \| Segment: Top \| 421 \| 0 \| Popular with Legal \| 8 min read
	By 2020, at least 10 states will require electronic prescribing of opioids, and in some cases other drugs, in a strategy aimed at curbing opioid misuse that could also have benefits for workers’ comp. ...Read More


	Employer Can't Recover Benefits Paid to Worker Through Indemnity Agreement		06/12/2018
	Source: WorkCompCentral
	State: HI \| Segment: WEST \| 263 \| 0 \| Popular with Legal \| 45 min read
	The Hawaii Supreme Court last week unanimously ruled that an employer cannot recover workers' compensation payments under a contractual indemnification provision with a third-party tortfeasor that causes injury to its own employee. ...Read More

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Today's Round Up

TN - Advisory Council to Review NCCI Rate Filing

09/26/2018 | 26 | 0

Tennessee’s Advisory Council on Workers’ Compensation will review the National Council on Compensation Insurance's filing for a proposed 19% rate cut during a meeting in Nashville on Oct. 11. The panel will hear from two actuaries who reviewed the filing: Mary Jean King of By the Numbers Actuarial Consulting, who is contracted with the advisory council; and Chris Burkhalter of Bickerstaff, Whatley, Ryan & Burkhalter, who was hired by the state Department of Commerce & Insurance. Dana Cunningham, a director and actuary for NCCI, will be on hand to respond to the r... Read More

IA - Division Delays Launch of Case Management System

09/26/2018 | 14 | 0

The Iowa Division of Workers' Compensation is postponing the rollout of its Workers’ Compensation Electronic System to make sure bugs are worked out before the system goes live. The division had planned to launch WCES on Dec. 3 but announced this week that it is delaying the launch so it can thoroughly test the system. The division hasn’t determined when the system will be able to go live. “Work will not stop on this project, and the division will publish a revised go-live date once we have agreement among the vendors and the division,” the DWC... Read More

CA - Mail Carrier Dies From Overheating After Return From Comp Injury

09/26/2018 | 13 | 0

A 63-year-old U.S. Postal Service carrier who was found unconscious in her truck on the first day back to work after an injury died from hyperthermia, according to a report by the San Jose Mercury News. Peggy Frank died from overheating July 6, the Los Angeles County coroner concluded. The temperature reached 117 degrees in Woodland Hills on the day Frank was found in her mail truck, which didn’t have air conditioning. Officials from the federal Occupational Safety and Health Administration and the U.S. Postal Service opened a workplace safety investigation following the death. Frank ... Read More

OH - Two Plead Guilty to Working While Collecting Injury Benefits

09/25/2018 | 57 | 0 | 22 min read

Just a few weeks after claiming he was injured in 2016 while working at a restaurant, a Cleveland-area man went back to work. Now, he must pay some $4,000 in restitution and a $500 fine after pleading guilty last week to workers' compensation fraud. Anthony Caputo, 67, worked for four different employers while collecting benefits and never reported his employment, officials with the Ohio Bureau of Workers' Compensation said in a news release. Most recently, investigators, acting on a tip, observed Caputo working as a valet at a hospital. “In fact, we found he went ba... Read More

ID - Industrial Commission Posts Opioid Presentation

09/25/2018 | 85 | 0 | 50 min read

The Idaho Industrial Commission posted to its website a slideshow and audit recording from a presentation about medication-assisted treatment for opioid addiction in the workers’ compensation system. The session focuses on the scope of the opioid overuse epidemic, definitions of opioid use disorder, addiction and recovery, and evidence-based treatments for opioid use disorder. It also included a discussion about opioid agonists methadone and buprenorphine. Audio from the hour-long presentation is available here. Slides are here. ... Read More

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