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National and State-by-State Workers' Comp News Powered by Larson's (9/29/2014)

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. New Study Finds Big Drop in Injury Rate When Mandated Nurse Staff Ratios Used . NCCI Posts Updated Experience Rating...

National and State-by-State Workers' Comp News Powered by Larson's (10/6/2014)

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. US Sup Ct to Decide Whether to Hear Seaman Case Under Jones Act . $3.5B Financial Tie Exists Between Medical Device Makers...

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...

Georgia: Dangerous Railway Crossing Works to Extend Employer’s Premises Beyond Leased Building

A Georgia appellate court held that a worker’s fatal injuries arose out of and in the course of his employment where the vehicle the worker was driving was struck by an oncoming train as the worker crossed railway tracks along a short access road used to gain access to the employer’s premises...

National and State-by-State Workers' Comp News Powered by Larson's (2/9/2015)

Expert Examines Whether Employee Classification Issues Hurt Uber Business Model . Uber Employee Email Exchanges Shed Light on Firing Practices of Drivers . Manufacturers Seek to Reduce Risks for Workplace Exposure to Chemical Flavorings . CMS Releases NGHP User Guide Version 4.5 (Feb. 2, 2015...

National and State-by-State Workers' Comp News Powered by Larson's (2/17/2015)

Doctors, Drug Companies Exploit Loopholes in Physician Dispensing . Gig Workers Seek Labor Protections, Benefits . Zurich 4Q Profit Drops 20 Percent . H.R. 994 Would Improve Workers Compensation for Uranium Mining . Affordable Care Act Raises Stakes for Worker Misclassification . AZ: High...

National and State-by-State Workers' Comp News Powered by Larson's (3/2/2015)

WCRI Study Updates on Rising Hospital Costs in Workers Compensation . OR WCD Releases Full Report on 2014 WC Premium Rate Ranking . Study on Opioid Tolerance Could Help Pain Patients Stay on Lower Dosages . Study: Risk of Unintentional Overdose Twice as High for Long Acting Opioid Users . ...

National and State-by-State Workers' Comp News Powered by Larson's (3/16/2015)

WCRI Exec. Director: ProPublica/NPR Articles Don’t Prove Failure of WC System . OWCP Proposes Rule Changes for Longshore Act Electronic Submission of Documents . CA: Adoption of Drug Formulary in Calif. Would Set Trend for Other States . CA: WCIRB and CWCI Ambulatory Surgical Center Study...

National and State-by-State Workers' Comp News Powered by Larson's (4/6/2015)

NPR Reports on Impact of Employers/Insurer Medical Control in California . House Passes Legislation That Could Increase Medicare Physician Payments . Insurance Regulators Address Ride Sharing Insurance Coverage Gaps . Study Finds 25% Rate of Opioid Misuse, 10% Addiction Rate . Study on Opioid...

National and State-by-State Workers' Comp News Powered by Larson's (5/11/2015)

NIOSH, Ohio BWC to Study Impact of Integrating Wellness With OSH Programs . ACOEM/UL Propose New Framework for Integrating Health/Safety Programs in Workplace . U.S. Rep. Refiles Bill to Prevent ICD-10 Implementation . NIOSH Examines Higher Nurse-to-Patient Ratio to Improve Nurse Injury Rates...

National and State-by-State Workers' Comp News Powered by Larson's (5/18/2015)

NCCI Gives “Calm” Now, “Turbulent” Later, Outlook for Workers Comp Industry . NCCI Presentation: Complete State of the Line for Workers Comp Industry . NCCI Presentation: Work Comp Implications of On-Demand Economy, Temp Workers . Express Scripts: Half a Million Americans...

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...

Georgia: “Fault” of Employer Can Be Considered in Plaintiff Employee’s Tort Action Against Third Party

Georgia’s apportionment statute, OCGA § 51-12-33(c) requires the trier of fact to consider the “fault” of all persons or entities that have contributed to the plaintiff’s alleged injury or damages, including nonparties. The fault of the nonparty must be considered even when...

Georgia: Employer’s Subrogation Lien Fails Where No Proof That Injured Employee Had Been Made Whole

Unlike the situation in many other states, the subrogation lien of a Georgia employer and/or its insurer attaches to third-party recovery by the injured employee only after the injured employee has been fully and completely compensated for his economic and noneconomic losses [see OCGA § 34–9–11...

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 (11/23/2015)

WCRI: Medical Prices Lower, Grew Slower in States With Medical Fee Schedules . OSHA Seeks Public Comment on Safety & Health Program Management Guidelines . US Dept. of Labor Proposes Rule to Update Implementation of EEOICPA . Documentary Film Made of Temp Worker Killed in Tragic Accident...

Georgia: MD’s Derogatory Comment in Report That Claimant Was Threat Found Privileged, Not Libelous

A dictated statement by a treating physician that became part of the injured worker’s claim file that said the worker had communicated threats to the physician, through an interpreter, and that the physician considered the worker to be a threat to both the physician and his staff was privileged;...

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...

Georgia: Parent’s Wrongful Death Action for Negligent Hiring of Convicted Felon May Proceed

Where an employee was shot and killed by a co-employee on the special employer’s premises for no apparent reason—the two hardly knew each other and had no difficulties with each at work—the death did not arise out of and in the course of the employment. Accordingly, the exclusive remedy...

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...

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 . ...

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 (6/6/2016)

CA: Ins. Dept. Announces 10.5 Percent Workers’ Comp Rate Reduction . CA: New Round of Charges Filed Against Medical Providers in WC System . CA: Sen. Mendoza Calls for Study, Investigation of WC Fraud . CA: UnitedHealth Exits ACA Market in California . CO: CDLE Workers Comp Division...

Noteworthy Workers' Compensation Legal Trends 2016: Part One

This article surveys recent legal trends in the states of Arizona, California, Delaware, Georgia, and Kentucky as explained by our workers’ compensation experts below. ARIZONA The Arizona Legislature has enacted several new laws, all of them effective August 6, 2016: 1. A.R.S. §23...