LexisNexis® Legal Newsroom
National and State-by-State Workers' Comp News Powered by Larson's (12/14/2015)

ProPublica Investigates Tyson Foods’ Push for Workers Comp Changes . Former Security Guards at US Nuclear Weapons Complex Decry Lack of EEOIC Benefits . CDC Publishes 2011 Life Tables . Brookings Publishes Policy Brief on Modernizing Labor Laws for “Independent Workers .” ...

National and State-by-State Workers' Comp News Powered by Larson's (1/4/2016)

ProPublica Examines Power, Wealth of Middlemen at Workers Comp Conferences . CDC Reports Increase in Drug, Opioid Overdose Deaths in U.S. 2000-2014 . CDC Opens Comment Period for Proposed 2016 Guideline for Prescribing Opioids for Chronic Pain . NIOSH Examines Troubling Statistics on Opioid...

National and State-by-State Workers' Comp News Powered by Larson's (1/11/2016)

Doctor’s Union Challenges Medical Management Companies, Outsourcing . US DOL Reports US Mining Deaths Dropped to New Lows in 2015 . AIG Invests in Wearable Devices to Promote Workplace Safety . 91 Percent of Patients Overdosing on Opioids Continued to Get Painkiller Prescriptions . ...

National and State-by-State Workers' Comp News Powered by Larson's (1/19/2016)

NCCI Establishes Baseline for Monitoring Impact of ACA on Workers Comp . Recent Ruling Could Give OSHA Wider Authority for Issuing Enterprise Abatement Orders . AZ: ICA Posts RFQ for Qualified Vendor List for Investment Management Consulting Services . CA: DWC Ended Lien Activation Fee Collection...

National and State-by-State Workers' Comp News Powered by Larson's (1/25/2016)

Injured Worker Left Out in the Cold by ERISA Surviving on Social Security Disability . Liberty Mutual Workplace Safety Index 2016 Reports $62B in U.S. Workers Comp Costs . USDOL Issues Guidance on Joint Employment Under FLSA, MSPA . News Investigation: Temp Agency Workers Reveal Discriminatory...

National and State-by-State Workers' Comp News Powered by Larson's (2/1/2016)

Lyft Settles Calif. Lawsuit for $12.5M, Drivers Still Not Classified as Employees . Price Wars Between Insurers and Drug Companies Impact Patients’ Healthcare . AMA Recommends Changes to CDC’s Proposed Opioid Prescription Policy . AK: WCD Posts Filing Requirements for Annual Reports...

The Battle Over Reliable Expert Testimony: Florida Courts May Stop Using Daubert, But Not in Workers’ Compensation

By Jennifer C. Jordan, Esq., General Counsel, MEDVALL, LLC On December 4, 2015, the Florida Bar Board of Governors approved 33-9 the Code and Rules of Evidence Committee’s (CREC) recommendation to use the Frye standard for evaluating expert testimony rather than the Daubert standard adopted...

National and State-by-State Workers' Comp News Powered by Larson's (2/8/2016)

Experts Identify Top 10 Issues to Watch for Workers’ Comp in 2016 . EEOC Seeks Comments on Proposed Enforcement Guidance on Workplace Retaliation . Insurance Information Institute President Dr. Robert Hartwig to Step Down . Obama Budget Would Invest $1.1B to Fight Opioid Abuse, Heroin...

National and State-by-State Workers' Comp News Powered by Larson's (2/16/2016)

Senator Wants CDC to Explore Use of Medical Marijuana to Combat Opioid Abuse . NIOSH Explains Recommended Exposure Limit for Occupational Noise . NIOSH Offers Employers Advice on Helping Workers Use Vehicle Safety Features . AL: SB 122 Would Limit Employer’s Responsibility for PTD and...

National and State-by-State Workers' Comp News Powered by Larson's (2/29/2016)

Sedgwick Institute Names Workers Comp Expert Richard Victor as Senior Fellow . NIOSH Examines Latest Advances in Assessing Occupational Exposure Limits . JPMorgan Chase Study Examines Impact of “Online Platform Economy” . AK: DWC Emergency Regulations Made Permanent Eff. 3/11/2016...

Florida: Expert Medical Advisor’s Admissible, But Not Presumed Correct on Issues Not Directly Addressed by the Parties

Where a judge of compensation claims (JCC) appointed an expert medical advisor to help resolve disagreements among the claimant’s and insurer’s physicians, the JCC erred when he excluded the EMA’s opinions regarding apportionment on the grounds that neither party had requested that...

National and State-by-State Workers' Comp News Powered by Larson's (3/14/2016)

NCCI Posts 2015 State of the Line Reference Guide . OSHA Considering Panel’s Recommendations for New Safety Guidelines . Lockton Releases White Paper on Opioid Epidemic and Chronic Pain . Senate Poised to Pass Bill to Reduce Opioid Abuse . CA: DWC Posts Ethics Advisory Committee Annual...

National and State-by-State Workers' Comp News Powered by Larson's (3/21/2016)

CDC Posts Final Opioid Guidelines for 2016 . ProPublica: Doctors Receiving Company Cash Tend to Prescribe More Brand-Name Drugs . U.S. Prescription Drug Spending Rose 5 Percent in 2015 . CA: DWC Announces Appointments to Ethics Advisory Committee . CA: CHSWC Posts 2015 Annual Report . ...

Florida: Premises Owner That Contracts With Cleaning Service Is Not Statutory Employer

Where a health care system (“the system”) owned a children’s clinic and contracted with a service company for the latter to provide cleaning services at the clinic, the system was not the statutory employer of the service company’s employees. Accordingly, where a service company...

National and State-by-State Workers' Comp News Powered by Larson's (4/11/2016)

Express Scripts Releases New Drug Trend Report . Leahy Bill in U.S. Senate Could Kill Key Provision in TX Nonsubscriber ERISA Plans . AZ: RBRVS Fiscal Impact Study Released . AZ: ICA Requests Oct. 1 Effective Date for UR Rules for Opioid Use . CA: Ninth Circuit to Hear Challenge to Class...

National and State-by-State Workers' Comp News Powered by Larson's (4/18/2016)

Senators Slam Obama Directive for Sick U.S. Nuclear Workers . AK: WCD Posts Director’s Interpretation on Issues Impacting Medical Fee Schedule . AZ: Governor Signs SB 1323 Pro Se Vexatious Litigant . CA: WCAB Chairman Ronnie Caplane to Retire From State Service . CA: Supreme Court Grants...

Florida: Supreme Court Strikes Down Mandatory Attorney Fee Schedule for Claimants

The Supreme Court of Florida, in a split decision, held that the mandatory attorney fee schedule contained in § 440.34, Fla. Stat., which precludes any consideration of whether the fee award is reasonable to compensate the attorney, is unconstitutional under both the Florida and the United States...

National and State-by-State Workers' Comp News Powered by Larson's (5/2/2016)

CDC Posts Annual Workers Memorial Day 2016 Message . CDC Examines Impact of Hearing Loss on Quality of Life . CDC Examines Convenience Store Compliance to Reduce Workplace Violence . AZ: ICA Discusses Implementation of RBRVS-based Fee Schedule . CA: Lawsuit Claims Insurance Companies Illegally...

National and State-by-State Workers' Comp News Powered by Larson's (5/9/2016)

NCCI Posts Hartwig Presentation of Future of P&C Market and American Workplace . NCCI Posts Presentation of Insurance in an Exponential World . NCCI Posts Presentation for Affordable Care Act and Workers Comp . NCCI Posts Presentation on Prescription Drug 2016 Update . NCCI Posts Presentation...

National and State-by-State Workers' Comp News Powered by Larson's (5/31/2016)

WCRI Study Compares Outcomes of Injured Workers Across 15 States . US DOL Continues Investigation of Opt Outs to Workers Comp . AZ: Governor Signs HB 2240 Workers Comp Changes . AR: Court Finds WCC Lacks Exclusive Jurisdiction in Employee’s Personal Injury Lawsuit . CA: US Sup Ct Denies...

Florida: “Angry Thoughts” About Co-Worker Do Not Constitute Employee Misconduct

Statements made by a workers’ compensation claimant to her attorney that she felt like “punching the lights” out of a co-worker, whom the claimant felt had intentionally caused the claimant injury at work, were not the sort of acts that constituted employee “misconduct,”...

Florida: An Overview of Recent Decisions on Constitutionality of Workers’ Compensation Act

By Robert J. Grace, Jr., Esq., The Bleakley Bavol Law Firm, and Lyle Platt, Esq., Clarke & Platt, P.A. For two years now we have written about a collection of cases which represent the most closely watched and eagerly anticipated workers’ compensation cases since our statute went into effect...

Florida: 104-Week Limit on TTD Benefits Found Unconstitutional

In a split decision, the Supreme Court of Florida struck down the state’s 104-week limit on TTD benefits for injured workers who remain totally disabled after the capped time period, but who have not yet reached MMI. The majority held the limit [set forth in § 440.15(2), Fla. Stat.], violated...

National and State-by-State Workers' Comp News Powered by Larson's (6/27/2016)

Wearable Devices May Reduce Injuries in Extreme Environments . Nat’l Safety Council: 4,000 Die Every Year at Work . Alternative Pain Treatment Easier Said than Done . SHRM Posts 2016 Benefits Study . Employers Curtailing Wellness Benefits . Businesses Eyeing Effects of 4th Circuit’s...

National and State-by-State Workers' Comp News Powered by Larson's (7/11/2016)

Comp Insurance Profitable, At Least For the Moment . CA: DWC Posts Interim Report on Evidence-Based Comp Drug Formulary . CA: WCIRB Submits 1/1/2017 Regulatory Filing . CA: WCIRB Releases Report on 2015 Losses and Expenses . CA: Settlement May Net Lyft Drivers $27 Million . FL: NCCI Recommends...