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AL: Accident Report Held Privileged Under “Work Product” Rule

In a split decision, the Supreme Court of Alabama recently held that a post-accident investigation report, prepared by a safety director and a co-worker and provided to the employer’s corporate health director and also to its in-house counsel was privileged under the work product rule; production...

Alabama: Trial Court’s Judgment Based—in Part—On Employer’s Contempt in Violating Mediation Order Was Erroneous

Where a trial court expressly stated that it was sanctioning the employer by taking the employer’s contempt—the violation of a mediation order—into account when making the court’s various findings of fact and conclusions of law, instead of imposing an independent fine for such...

National and State-by-State Workers' Comp News Powered by Larson's (4/7/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. WCRI Posts 2014 Annual Report and Research Review . Many Companies Offering Accident/Disability Insurance See Reduction...

Alabama: Compensation for Loss of Scheduled Member Exclusive Unless Effects of Injury Interfere With Body’s Efficiency

Citing an earlier decision by the Supreme Court of Alabama wherein the state high court adopted “the Larson rule” regarding schedule allowances—that if the effects of the loss of the member extend to other parts of the body and interfere with their efficiency, the schedule allowance...

National and State-by-State Workers' Comp News Powered by Larson's (4/28/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Drug Monitoring, Interventions Decrease Opioid Use by Injured Workers . Brandeis Univ. Releases Report on PDMP, Third...

National and State-by-State Workers' Comp News Powered by Larson's (7/21/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. CDC Publishes National Action Plan for Infertility, Workplace Exposures . CDC Urges Use of Acclimatization as Part of...

Alabama: Employer Need Not Provide Walk-In Bathtub

An Alabama appellate court held that under the particular facts of the case, a walk-in bathtub was not “other apparatus” reasonably necessary for treating an employee’s injury (see Ala. Code § 25-5-77(a)) in spite of one physician’s statement that the special tub would be...

National and State-by-State Workers' Comp News Powered by Larson's (9/2/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NASI: Job, Earnings Growth Bumps Up Workers Comp Benefits and Costs . Ninth Circuit Rules FedEx Misclassified Workers...

National and State-by-State Workers' Comp News Powered by Larson's (9/15/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. Improving WC Market Drives NCCI Recommendations for Rate Cuts in 15 States . Self-Funded Health Care Plans for Small...

National and State-by-State Workers' Comp News Powered by Larson's (9/22/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. NCCI Examines Medicare Set-Asides and Workers Compensation . NCCI to Recommend More Decreases in Workers Comp Rates for...

National and State-by-State Workers' Comp News Powered by Larson's (10/13/2014)

Sign up here for our free workers' compensation enewsletters (National or California Edition) to receive weekly news items. Be sure to select the enewsletter of your choice. National WC Premium Rate Rankings Announced; Calif. Most Expensive State . Regulators List Top 5 Workers’ Comp...

National and State-by-State Workers' Comp News Powered by Larson's (1/5/2015)

NIOSH Examines Link Between Firefighting and Cancer . Expert Provides Guidance on FLSA From Worker Perspective . AL: Labor Dept. Explains New OSHA Reporting Requirements Eff. Jan. 1 . AL: Injuries Sustained While Seeking Medical Treatment for Earlier Injury Held Compensable . AK: Labor Dept...

National and State-by-State Workers' Comp News Powered by Larson's (2/2/2015)

H.R. 312 Would Provide Death Benefits for Families of Overseas Federal Contractors . Tips on Dealing With Workers Comp Issues in Transportation Industry . WSJ Investigates Whether On-Demand Workers Are Employees . “Uberization” of Jobs as Sea Change in Working World . Expert Explains...

Alabama: Aggravation of School Custodian’s Myasthenia Gravis Linked to Chemical Exposure

The Supreme Court of Alabama, reversing the state’s Court of Appeals, reinstated a trial court’s decision awarding a school custodian PTD benefits stemming from her exposure to chemical fumes during the course of her employment. The employer had not disputed the fact that the custodian had...

Alabama: Injuries Sustained During Recreational Horseback Ride Were Not Compensable

Injuries sustained by a Girl Scout camp business manager, when she was thrown from a horse during a recreational ride with other camp employees did not arise out of and in the course of the employment, held an Alabama appellate court. Quoting Larson’s Workers’ Compensation Law , the court...

National and State-by-State Workers' Comp News Powered by Larson's (4/13/2015)

NIOSH Recommends All Workplaces Be Tobacco Free, eCigarette Free . NIOSH Examines High Rate of Carpal Tunnel Syndrome Among Poultry Workers . OSHA Updates Workplace Violence Protections for Healthcare, Social Service Workers . CMS Releases Version 4.6 of MMSEA Section 111 NGHP User Guide . ...

Alabama: Settlement Agreement Signed by Parties, But Not Approved by Trial Court, Dies Along With Claimant

Under the provisions of by Ala. Code § 25-5-56, the trial court must approve any agreement compromising an injured worker’s benefits in order to be enforceable. Under that rule, an Alabama appellate court affirmed a finding that a settlement agreement that had been signed by the parties and...

National and State-by-State Workers' Comp News Powered by Larson's (7/6/2015)

NCCI Posts Latest Economic Outlook and Impact on Workers Comp . Fitch Ratings Announces Top Workers Comp Insurance Writers for 2014 . OSHA Issues Inspection Guidance for Health Care Industry . Columnist: New Worker Category Should Be Created to Cover Gig Workers . Some On-Demand Service Companies...

Alabama: Court Approves Award for Erectile Dysfunction Medication in Spite of Rule Limiting Such Awards

An Alabama appellate court affirmed an award for a prescription medication in the form of a “time release” medication for erectile dysfunction that an employee contended was associated with his use of prescription narcotics to manage pain in spite of a state Department of Labor rule [Rule...

Pennsylvania: Truck Driver’s State of Residence is Insufficient to Establish Jurisdiction Following Extraterritorial Injury

A Pennsylvania appellate court held that a truck driver was not entitled to benefits in Pennsylvania for an extraterritorial injury because his employment was not principally localized in Pennsylvania where the driver and the employer entered into an agreement that clearly indicated that the driver’s...

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...

Alabama: Receipt of Short-Term Disability Benefits Does Not Always Toll Statute of Limitations for Filing Occupational Disease Claim

Receipt of short-term disability benefits under an employer-sponsored plan does not toll the two-year statute of limitations for the filing of an occupational disease claim in Alabama where there was nothing in the paperwork associated with the benefits that indicated that the worker had contracted her...

National and State-by-State Workers' Comp News Powered by Larson's (11/30/2015)

NCOIL Commits to Investigate “Opt-Out” Workers’ Comp, Stand Up to Federal Intervention . Third Circuit Rules Temp Workers Can Sue for Bias in Workplace . Telecommuting Challenges How to Measure, Regulate and Compensate Work . Telecommuting Could Change What Qualifies as “Work”...

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...

Alabama: Removal of Safety Equipment Does Not Expose Employer to Tort Liability

Allegations that an employer removed “explosion doors” from a furnace and that a furnace explosion subsequently injured a furnace operator were insufficient to state a cause of action against the employer; the claim was barred by the exclusive remedy provisions of the Alabama Workers’...