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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...

Illinois: Welder’s Injury in Swivel Chair Accident Arose From Employment

An Illinois appellate court reversed a Commission’s order denying workers’ compensation benefits to a welder who sustained a left knee injury while sitting in a swivel chair at his workplace. The worker, a welder who had previously sustained an injury to his right knee, had been allowed to...

National and State-by-State Workers' Comp News Powered by Larson's (8/31/2015)

NCCI Posts New Release of Proof of Coverage State Guide . ProPublica Partners With Beacon Crowdfunding Site to Generate Work Comp News . 10th Circuit Overturns $3.5M Verdict in Alleged Construction Machine Defect Case . NRLB Redefines Joint Employer Status in Temporary Agency Case . 5th Circuit...

National and State-by-State Workers' Comp News Powered by Larson's (9/8/2015)

WEDI: Only Half of States Ready for ICD-10 Switch for Work Comp Claim Purposes . MSP Report Examines Impact of MMSEA Section 111 Reporting Requirements . New England Governors Urge FDA to Change Opioid Warning Labels . AK: Uber Agrees to Pay State a Fine for Unpaid Workers Compensation Insurance...

National and State-by-State Workers' Comp News Powered by Larson's (9/14/2015)

Obama Signs Executive Order for Federal Contractors to Provide Paid Sick Leave . Lawmakers Introduce Bill to Lower Prescription Drug Prices . Houses Passes Bills to Address Opioid Abuse . NIOSH Examines Lessons Learned of 9/11 Health Effects . Study Finds Police Officer Risk of Injury in...

Federal: Since Illinois Workers’ Comp Act Created Retaliatory Discharge Action, It Could Not Be Removed to Federal Court

A federal district court, sitting in Illinois, held that in as much as a retaliatory discharge action in Illinois is created by the state’s Workers’ Compensation Act [see 820 Ill. Comp. Stat. Ann. § 305/4(h)], such a civil action may not be removed to federal court on the basis of diversity...

National and State-by-State Workers' Comp News Powered by Larson's (10/26/2015)

Senator Sanders, Dem Lawmakers Warn Labor Secretary Perez About Opt Outs . CEPR Examines Cuts in Workers Comp and Rising SSDI Payments . NCCI Announces New President and CEO William E. Donnell . Obama Announces Guidelines for Addressing Prescription Drug Abuse, Heroin Use . CDC Drafts Guideline...

Illinois: Exclusive Remedy Barred Case In Spite of Fact That Worker Contracted Mesothelioma After Statute of Limitations Had Run

The exclusive remedy provisions of the Illinois Workers’ Compensation Act and the Illinois Workers’ Occupational Diseases Act (collectively “the Acts”) bar an employee’s cause of action (and that of his or her estate) against an employer to recover damages for a disease...

National and State-by-State Workers' Comp News Powered by Larson's (11/16/2015)

Experts Predict Shrinking of Workers Comp, Blurring of Healthcare/WC Systems . CEOs of On Demand Companies Call for Worker Safety Net, Work Protections, Benefits . Domestic Worker Advocates Push New Initiatives for On-Demand Workers . CDC Posts Factors Associated With Poor Control of 9/11-Related...

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...

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 .” ...

Illinois: City Water Meter Reader Is Employee and Not Independent Contractor

A water meter reader was an employee of the city and not an independent contractor where it exercised considerable control over her labor—the worker was required to read 1200 meters during an allotted time frame and during the daylight hours; she was provided with a specialized equipment, including...

Illinois: Wage Differential Award Might Be Possible Even Where Post-Injury Wages Remained the Same

Whether an injured worker has sustained an impairment of earning capacity cannot be determined simply by comparing the worker’s pre- and post-injury income. Other factors, including the nature of the post-injury employment in comparison to wages the claimant could earn in a competitive job market...

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...

Illinois: Flight Attendant’s Injury Claim on Board Plane Barred by Going and Coming Rule

An Illinois appellate court held that a flight attendant was not a traveling employee for purposes of the state’s Workers’ Compensation Act when she injured her knee on a flight from Denver to New York on the day before she was scheduled to work on a flight out of a New York airport. The...

Illinois: Truck Driver Was Independent Contractor, Not Employee

In a decision that could have an impact on any Uber/Lyft litigation within the state of Illinois, an appellate court affirmed a decision by the state’s Workers’ Compensation Commission’s finding that a truck driver was an independent contractor rather than an employee, and that the...

National and State-by-State Workers' Comp News Powered by Larson's (2/22/2016)

American Medical Association Releases National Survey for Preventing Opioid Abuse . American Medical Association Supports Telemedicine Bill . CA: CWCI Study Examines 2015 Independent Medical Review Outcomes . CA: High Court Won’t Hear Stevens IMR Constitutionality Case . CA: Ellen Langille...

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...

Illinois: Acceptance of Comp Benefits Is Election Barring Intentional Tort Case Against Employer

Where a paramedic trainee, who sustained injuries while participating in a training program, filed suit against his employer and others alleging an intentional tort, but later sought and received workers’ compensation benefits for the injury, his acceptance of benefits operated as an election and...

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...

Illinois: Claimant’s Self-Treatment of Foot Blister Does Not Break Chain of Causation

A claimant’s self-treatment in the form of lancing a blister on his foot with a sterilized needle was not an independent intervening act that would break the chain of causation between the work-related blister and a subsequent infection, held an Illinois appellate court, reversing a finding by...

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’...

Illinois: General Contractor May Not Take Advantage of Settlement Agreement It Did Not Sign

Where a worker settled his workers’ compensation claim and signed a settlement agreement that released his direct employer and a purported general contractor from liability for any claims arising out of the worker’s work-related accident, the worker could nevertheless pursue a civil action...

Illinois: Claimant Need Not Submit AMA Rating Report in Order to Qualify for PD

The Appellate Court of Illinois, Workers’ Compensation Commission Division, held that section 8.1b of the Illinois Workers’ Compensation Act [820 Ill. Comp. Stat. 305/8.1b (2012)], does not require an injured worker to submit an “AMA rating report” for the purpose of determining...

National and State-by-State Workers' Comp News Powered by Larson's (7/18/2016)

DOL Announces Adjustment of Civil Penalty Fines . CA: DWC Accepting Applications for QME Examination on Oct. 29 . CA: WCIRB President’s Message About 2016 Achievements, Plans Ahead . CA: Class Action Says WC System Has Bias Against Women . HI: State Sees Significant Increases in WC...