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National and State-by-State Workers' Comp News Powered by Larson's (7/13/2015)

John F. Burton, Jr. Examines Impact of Race to the Bottom for Workers Comp Costs (p. 6) . Prof. Spieler Attacks AMA Guides for Absence of Evidence-Based Medicine . A.M. Best: U.S .State Workers Comp Funds’ Net Premiums Increased 11.5% in 2014 . Insurance Companies Cautiously Providing...

National and State-by-State Workers' Comp News Powered by Larson's (7/20/2015)

ProPublica Releases Complication Rates for 17,000 Surgeons . GOP Backs Uber and On-Demand Economy . US DOL Issues Additional Guidance on Employee Misclassification . US DOL to Hold Presentation July 21 on Next 25 Years of ADA . 13% of Small Businesses Concerned About WC Fraud by Employees...

National and State-by-State Workers' Comp News Powered by Larson's (8/3/2015)

RIMS/Advisen: Stable Insurance Market Shows Decline in Workers Comp Costs . Payroll Fraud Prevention Act of 2015 Introduced in Congress . Luxe Valet On Demand Service Converts Contractors to Employees . Lawmakers Seek to Investigate DOJ’s Prosecution of Medical Marijuana Patients, Providers...

National and State-by-State Workers' Comp News Powered by Larson's (8/10/2015)

GAO Blasts SSA for Inability to Detect Concurrent FECA Payments . Private Investigators Say Drones Useful in Uncovering Workers Comp Fraud . Federal Judge to Rule in Coming Weeks on Uber Class Action Certification . Opioid Use Linked to Poor Outcomes in WC Patients Having Discogenic Fusion ...

Tennessee: Injured Employee’s Backyard Fall No Intervening Act, Employer Liable for Second Knee Surgery

A special workers’ compensation appeals panel of the Supreme Court of Tennessee held that the record supported the trial court’s finding that an employer was liable for medical expenses and disability indemnity that arose from an injured employee’s backyard fall as she attempted to...

National and State-by-State Workers' Comp News Powered by Larson's (8/24/2015)

Shareholders Allege TriNet Group Failed to Disclose Claims Trends, Including WC . OSHA Establishes New Procedures for Early Resolution Process in ADR Program . Uber Allegedly Failed to Uncover Criminal Records of 25 Drivers in Two Calif. Cities . AZ: ICA Revises Notice of Claim Status Form ...

Tennessee: Store Manager’s PTSD Found Compensable After Encounter With Purse Snatchers

A store manager who sustained injuries in her employer’s parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers’ compensation benefits for psychological injuries in the nature of PTSD, held the Special Workers’ Compensation...

Tennessee: No Cause of Action for Retaliatory Failure to Hire

Answering a question of law certified by the U.S. District Court for the Middle District of Tennessee, the state’s Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers’ Compensation Act against a prospective employer for failure to hire if the...

National and State-by-State Workers' Comp News Powered by Larson's (9/28/2015)

OSHA Extends Comment Period for Proposed Rule on Employer Record Keeping . NIOSH Posts 2014 Mid-Year Worker Fatality Report for Oil and Gas Industry . AFL-CIO Releases 2015 Edition of Death on the Job: The Toll of Neglect . Museum of Tort Law, Which Includes Workers Comp Exhibit, Now Open to...

National and State-by-State Workers' Comp News Powered by Larson's (10/5/2015)

NCCI Posts Sept. 2015 Quarterly Economics Briefing Newsletter . ProPublica Wins Journalism Award for ‘Insult to Injury’ Workers’ Comp Series . EEOC Declares Workers Comp Guidelines Don’t Supersede ADA . AL: NCCI Explains 8.2 Percent Decrease in Loss Cost Filing . CA...

National and State-by-State Workers' Comp News Powered by Larson's (10/12/2015)

CompPharma Releases Latest Workers Comp Prescription Drug Management Study . OSHA Moves a Step Closer to Finalizing New Electronic Recordkeeping Rule . Study Finds Long Term Opioid Use Less Effective for 4 out of 5 Women . AZ: NCCI Explains 2.2% Decrease in Loss Cost Filing . CA: Governor...

National and State-by-State Workers' Comp News Powered by Larson's (11/9/2015)

A.M. Best: U.S. Workers Comp Performance Improves Despite Rate Softening . Travelers, Hartford, AIG Rank as Top Three Workers Comp Insurers in 2014 . Shifting Trends of Prescription Opioids and Heroin Abuse in the US . AK: WCB Approves Changes to Workers Comp Fee Schedule . CA: Federal Judge...

National and State-by-State Workers' Comp News Powered by Larson's (12/7/2015)

NCCI Analyzes State Differences in Diagnosis, Treatment of Joint Injuries . Businesses Consider Purchase of Active Shooter Insurance . Study Finds News Media Focuses on Criminal, Not Preventative Aspects of Opioid Abuse . CA: DWC Posts Changes to OMFS (Physician Services/Non-Physician Practitioner...

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 (1/19/2016)

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...

Tennessee: With PTSD Claim, Objective, Not Subjective, Test to Be Used In Determining If Stress Was Unusual

In a decision not yet designated for publication, Tennessee’s Special Workers’ Compensation Appeals Panel affirmed a trial court’s denial of an employee’s claim for psychological injuries, depression and PTSD on the grounds that the stress the employee claimed caused his depression...

Tennessee: PTSD Claim Unsuccessful Where Work Related Conference Speaker Sparks Memories of Being Raped as a Child

A Tennessee nurse, who contended she suffered a mental breakdown and PTSD after attending a work-related conference did not establish that the level of stress he experienced at the conference was abnormal, extraordinary, or unusual, held a special workers’ compensation appeals panel in Tennessee...

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...

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...

Tennessee: Death of Worker’s Widow Does Not Extinguish Stepson’s Right to Dependency Benefits

Where a widow sought workers’ compensation death benefits on behalf of herself and her son—the step-son of the deceased worker—and the widow died while the claim was still pending, the trial court erred when it granted the employer’s motion for summary judgment and held that neither...

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...

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...

Noteworthy Workers' Compensation Legal Trends 2016: Part Two

This article surveys recent legal trends in the states of Maryland, New Mexico, Tennessee, Texas and Wisconsin as explained by our workers’ compensation experts below. MARYLAND: Four of the hottest topics in Maryland are as follows: 1. Opioid use and abuse. Like the rest of the world,...

Injured Worker’s Death Due to Overdose of Medication: Breaking the Chain of Causation

Key takeaways from a recent Tennessee case for both injured workers and employers When do an injured worker’s actions, which led to a tragic overdose of opioids in the Kilburn case, constitute an independent intervening cause and thereby release the employer of liability for subsequent injuries...