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Larson's Legislative Roundup 8/17/2008

Nevada B.D.R. 221 - Filed August 11, 2008. Makes various changes related to workers' compensation.

Larson's Legislative Roundup 8/25/2008

California A.B. 419 - Enrolled 8/18/2008. An act to amend Section 4850 of the Labor Code, relating to workers' compensation. Full version of bill available to lexis.com subscribers . California A.B. 507 - Enrolled 8/18/2008. An act to add Section 11752.75 to the Insurance Code, relating to workers'...

Larson's Legislative Roundup 9/7/2008

California S.B. 1717 - Enrolled 9/2/2008. An act to amend Section 4658 of the Labor Code, relating to workers' compensation. This bill would eliminate those provisions requiring an employer to pay an injured employee a decreased amount of permanent disability benefits if, within 60 days of a disability...

Larson's Legislative Roundup 9/15/2008

North Dakota Statutory Measure No. 4 – 9/8/2008; on 11/4/2008 ballot. This initiated measure would add two new sections to title 65 of the North Dakota Century Code providing for the appointment by the Governor of director for the Workforce Safety and Insurance agency, the placement of its employees...

Larson's Legislative Roundup 9/21/2008

California A.B. 419 – To Governor 9/17/2008. An act to amend Section 4850 of the Labor Code, relating to workers' compensation. This bill would, for purposes of these provisions, require that these employees be employed on a regular, or full-time basis, but would eliminate the requirement that...

Larson's Legislative Roundup 9/28/2008

Alabama H.B. 18 (new bill) - Prefiled 9/25/2008. Relates to removing some restrictions on workers' compensation payments. California AB 1874 - Signed by Governor 9/26/2008. Expands the State Fund Board of Directors from 5 to 11 voting members. California SB 1145 - Signed by Governor 9/26/2008...

Managing Claims for TTD and TPD Under Florida’s Post-October 2003 Statute

Florida's workers' compensation statute provides for an employer to compensate an employee who suffers a compensable accidental injury in the course and scope of his employment during his recovery period, if the compensable condition is severe enough to cause the employee a disability that results...

Douglas Richmond on When It Comes to Insurance Regulation, Is Uncle Sam the New Sheriff in Town?

Insurance regulation has historically been left to the states. There has long been occasional noise about replacing state regulation with a federal system. Now, the noise over possible federal regulation of insurance is building to a crescendo as a result of H.R. 5840, the Insurance Information Act of...

Larson's Legislative Roundup 10/19/2008

California A.B. 2181 - Chapter No. 740. Requires an insured employer to file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers' Compensation. Requires a self-insured employer, the state, or the insurer of an insured employer to file the report...

Larson's Legislative Roundup 10/19/2008

California A.B. 2181 - Chapter No. 740. Requires an insured employer to file the report with the insurer on a form prescribed by the Administrative Director of the Division of Workers' Compensation. Requires a self-insured employer, the state, or the insurer of an insured employer to file the report...

Peter Lareau on Employment Law Backgrounder: Financial Crisis and Employment Law

The United States is facing an enormous financial crisis. This devastating decline in the nation's economy, and the election of Barack Obama and the strong gains made, generally, by the Democratic Party in national elections foreshadows changes in labor and employment law and a surge in employment...

Who Should Choose Doctors for Injured Iowa Workers?

Once again, the Iowa General Assembly is being asked to consider who should choose treating doctors for injured workers. For many years, insurance carriers in Iowa have been able to tell injured workers what doctors they can see for treatment. Iowa labor organizations and others feel that workers...

Pinnacol Assurance: Is it Private or Public?

In the last few days a big dispute arose over a proposal to take what might be considered excess funds from Pinnacol to help the State of Colorado in the present economic downturn. Pinnacol handles a great many workers comp claims and that means more then any other insurer. In any event Pinnacol...

Thomas A. Robinson on 2008 Year-End State-by-State Survey of Key Workers' Compensation Legislative Changes (June - November 2008)

This commentary provides a state-by-state survey of key workers' compensation legislation from June to December 2008. Virtually all state legislatures have closed up shop for the year, their members venturing home for holiday breaks. Its an appropriate time, therefore, to highlight some of the...

Why Workers Need the Employee Free Choice Act

Unions are good for workers. Today, median weekly pay for union members is $886, compared to $691 for nonunion workers. Moving cargo on the Oakland waterfront pays three times what stocking shelves does at Wal-Mart, because longshore workers have had a union contract since 1934. Wal-Mart has fought...

Protecting Workers Rights by Stopping Misclassification as Independent Contractors in Maryland

Earlier this month, the Maryland legislature joined a number of states in cracking down on worker misclassification by enacting the Maryland Workplace Fraud Act ( S 909 / H 819 ) which has the support of Gov. O'Malley who is expected to sign the bill shortly. The main focus of the bill was stopping...

Iowa Passes Late-Night Changes to Jurisdiction and Penalties for Denying Valid Claims

Although it mostly slipped past the press, the Iowa General Assembly passed a light-night bill just before they adjourned for the year. The standings bill is traditionally passed at the very last minute of every session, and includes lots of bills that did not quite make it during regular session. This...

Richard C. Kissiah on 2008 Significant Changes in Georgia Workers' Compensation Law

A number of changes have recently been made in Georgia workers' compensation law. Some of the changes were effectuated by changes in the Georgia Workers' Compensation Act by the General Assembly that were signed into law by the Governor. Other changes were effectuated by the State Board of Workers'...

New Hope for Cold War-Era Bomb-Makers

The nuclear bombs Charlie Wolf built helped win the Cold War. But his toughest battles came afterward, when he applied to a troubled federal compensation program intended for those whose top-secret work made them sick. Wolf wound up battling a bureaucratic morass for more than six years -- all while...

Florida's Cap on Workers' Comp Attorney's Fees: Constitutional Challenge to Statute Could Prove Difficult

In 2003 the Florida Legislature extensively amended the workers’ compensation statute with SB-50A. The amendment which received the greatest attention and most controversy was the amendment to Florida Statute 440.34 that limited attorney fees for benefits secured to a strict contingency fee schedule...

Louisiana's New Medical Guidelines

On the very last day of the 2009 legislative session the medical guidelines bill ( SB 303 ) successfully passed both houses and was signed by the Governor on July 1, 2009 (Act No. 254). The legislation was the product of several months of work by the members of the Workers Compensation Advisory Council...

Florida Attorney's Fees Statute Denies Injured Workers Procedural Due Process

Florida Statutes Section 440.34 (3) has been amended, effective July 1, 2009, to provide an employer/carrier paid fee to a claimant's attorney for the successful prosecution of a claim shall be in an amount equal to the amount provided for in subsection (1), which is based on a percentage of benefits...

New York Speeds Payments of Guaranteed Awards to Injured Workers

In March 2007 the Court of Appeals ruled in LaCroix v. Syracuse Executive Air Service, Inc ., 8 N.Y. 3d 348 (2007) that an award for a permanent partial disability under §§15 (3) (a) through (t) of the Workers' Compensation Law (commonly called a scheduled loss of use award) could not paid...

Thomas A. Robinson on 2009 State-by-State Survey of Key Workers' Compensation Legislative Changes (January -- November 1, 2009)

This Emerging Issues Analysis by Thomas A. Robinson contains a state-by-state survey of key workers compensation legislative changes during the period from January through November 2009. “Overall, it has been quite an active year,” Robinson writes. “Legislatures in California...

Florida Workers' Compensation in Review 2009-2010

The editorial consultants for Dubreuil’s Florida Workers’ Compensation Handbook explain the legal developments over the past year for Florida workers’ compensation practice and the updates to the Handbook. Publisher’s Note: The 2010 edition of the Handbook will be available in...