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Arkansas: Housekeeper’s Slip and Fall Found Compensable

A hotel housekeeper, who sustained injuries when she slipped on water on a stairway as she carried food she had found in one of the hotel rooms to a refrigerator in the laundry room, may recover workers’ compensation benefits, held an Arkansas court. The state’s rather restrictive statutory...

Arkansas: Special Employer Enjoys Exclusive Remedy Defense in Wrongful Death Action Filed Against It

An Arkansas appellate court held that the state’s Workers’ Compensation Commission did not err when it determined that a deceased worker was the defendant-company’s “special” employee since, at the time of the worker’s fatal injury, the defendant-company had the right...

Arkansas: Injury Sustained Seconds After Truck Driver “Signed Out” Not Covered by Comp Act

An Arkansas appellate court has affirmed the denial of benefits to a truck driver who injured his right ankle a few seconds after he made an entry in his log book changing his status to “off-duty” and stepped out of his truck to go to the bathroom. That he was injured so soon after changing...

National and State-by-State Workers' Comp News Powered by Larson's (11/10/2014)

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. A.M. Best Reports Workers’ Comp Line Has Third Straight Year of Improvement . Investigation Looks at “Knock...

National and State-by-State Workers' Comp News Powered by Larson's (12/8/2014)

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. OSHA Reports 3 Million Workers Experienced Serious Injury or Illness on Job in 2013 . Three Compound Pharmacies Sue Express...

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 (1/26/2015)

NCCI President & CEO Stephen J. Klingel Plans to Retire in 2016 . H.R. 436 Would Amend Longshore Act Definition of Recreational Vessels . AK: DWC Updates Online Benefit Calculator . AR: WCRI Releases New Predictors of Worker Outcomes . CA: Postponement Likely for Calderon’s Public...

Arkansas: Worker Fails to Rebut Presumption That Accident Was “Substantially Occasioned” by Drugs

An Arkansas appellate court has affirmed a decision denying workers’ compensation benefits to a worker who fell as he descended a ladder on the basis that following the accident he tested positive for methamphetamine and that he failed to rebut the statutory presumption in Ark. Code Ann. §...

Arkansas: Injuries Sustained Walking to Employer’s Work Trailer Found Compensable

An Arkansas court ruled that an ironworker sustained a compensable injury when he slipped on ice while walking from the main gate of a construction site to his employer’s work trailer prior to clocking in. The employer argued that the ironworker was not “performing employment services”...

Arkansas: High Court Pushes Exclusive Remedy Issue Back to Commission

Labeling an estate’s constitutional challenge to the state’s exclusive remedy defense as forum shopping, the Supreme Court of Arkansas entered an order prohibiting a state circuit court from continuing to exercise jurisdiction in a civil action filed by the estate of an employee against the...

National and State-by-State Workers' Comp News Powered by Larson's (4/20/2015)

US Senate Approves Sweeping Changes to How Medicare Pays Doctors . EEOC Proposes Rule on Application of ADA to Workplace Wellness Programs . WCRI Releases Nat’l Inventory of Cost Containment Initiatives Adopted in 51 Jurisdictions . NIOSH Finds Police Officers, Firefighters Have Largest...

National and State-by-State Workers' Comp News Powered by Larson's (4/27/2015)

Who’s Opting Out of Workers’ Comp: Employers or the States Themselves ? BLS Releases 2013 Census of Fatal Occupational Injuries Counts . Lockton: Red Herrings, Medical Overdiagnosis Impact Large Loss Workers Comp Claims . WCRI Webinar to Cover Regulating Medical Costs & Care...

National and State-by-State Workers' Comp News Powered by Larson's (5/4/2015)

DOJ Audit Alleges GEO Group Incorrectly Calculated Workers Comp Insurance . US DOL Proposes Rule to Revise Black Lung Benefits Act . OSHA Issues Final Confined Spaces Rule to Protect Construction Workers . Doctors Banned From Billing Medicare Still Billing State Medicaid Programs . Newsweek...

Arkansas: Cement Truck Driver Fatal Injuries Crossing Road After Short Break Found Compensable

Arkansas has one of the most restrictive rules when it comes to judging whether an injury arises out of and in the course of the employment, requiring the injury to have occurred while “employment services” are being performed. In spite of that generally restrictive rule, a state appellate...

National and State-by-State Workers' Comp News Powered by Larson's (6/15/2015)

US DOL Plans to Issue Independent Contractor Guidance . Economic Policy Institute Releases White Paper on Misclassification of Workers . Liberty Mutual Pulling Back From Workers’ Comp Insurance Market . Liberty Mutual White Paper Supports Use of Nurse Case Managers . Study Identifies...

National and State-by-State Workers' Comp News Powered by Larson's (6/22/2015)

Study: 26 States See Increase in Drug Overdose Death Rate . NIOSH Examines Hazards of Temporary Employment . NIOSH Proposes Adding Over 30 New Drugs to Hazardous Drug List . Uber Adopts No Gun Policy for Drivers, Passengers After Chicago Shooting . Study: Opioids, Barbiturates Being Overprescribed...

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...

National and State-by-State Workers' Comp News Powered by Larson's (8/17/2015)

NASI: WC Benefits for Injured Workers Decline While Employer Costs Rise . NAIC Releases Study on Workers Comp Large Deductible . Third Circuit Dismisses Suit Against Cephalon Re Off-Label Marketing of Two Painkillers . Study: On-Demand Economy Will Include 7.6M People by Year 2020 . AK: WCB...

National and State-by-State Workers' Comp News Powered by Larson's (11/2/2015)

Latest Map of Uninsured in America Shows Lack of Health Insurance in the South . Survey of Occupational Injuries, Illnesses Shows Nearly 3 Million Workplace Injuries in 2014 . EEOC Proposes Allowing Genetic Information for Voluntary Workplace Wellness Programs . Congressional Blog Warns of Injured...

Arkansas: Employer Secured Comp Coverage in Spite of Failure to List Employees in Policy Documents

An Arkansas court held that the owner of a small Arkansas business appropriately secured workers’ compensation coverage when evidence indicated an insurance company issued a policy and the business paid a premium of $1,000. That the policy did not name any employees as being covered thereunder...

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

Labor Secretary Says Workers Comp Opt Outs Push Injured Workers to Poverty . OSHA Reports on Year One of OSHA Severe Injury Reporting Program . OSHA Publishes Final Rule to Update Standards for Eye and Face Protection . First Robot-Run Insurance Company Launched, Opens for Business . AK:...

National and State-by-State Workers' Comp News Powered by Larson's (5/23/2016)

EEOC Issues Final Rules on Employer Wellness Programs . AR: Governor Seeks End to State’s Death, PTD Fund . CA: Frederick Dietrich Honored With Lifetime Achievement Award . CA: Michael Gerson Honored With Lifetime Achievement Award . CA: Joseph V. Capurro Honored With Applicants’...

Arkansas: Commission Resolves Conflicting Medical Evidence Against Employee

An Arkansas appellate court affirmed a decision by the state’s Workers’ Compensation Commission that denied an employee additional medical benefits for continued pain management where the court said the Commission considered the medical evidence, some of which was in conflict, and gave greater...

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...

Arkansas: Car-pooling With Co-Employee Does Not Bring Commute Within Course and Scope of Employment

Substantial evidence did not support an award of workers’ compensation death benefits to an employee’s minor child where the employee was fatally injured in a car accident while carpooling home, held an Arkansas appellate court. The Court reasoned that while it was certainly true that the...