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Kentucky: Thoroughbred Horse Training Is Within Definition of “Agriculture” Exemption

The Court of Appeals of Kentucky held that the state’s Workers’ Compensation Board appropriately dismissed an employee’s claim for benefits where he was engaged in thoroughbred horse training at the time of his injury. That activity clearly fell within the definition of agriculture...

Kentucky: Injured Employee’s Settlement Does Not Bind Widow’s Subsequent Death Benefits Claim

Where an employee sustained a serious work-related injury—a torn thoracic aorta—in February 2006, and died almost four years later, having signed a release as to all future claims against the employer for an agreed upon lump-sum payment, his widow was not precluded from seeking death benefits...

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 . ...

Federal: Kentucky Retaliatory Discharge Claim Not Removable to Federal Court

A Kentucky plaintiff’s claim for retaliatory discharge arises under Kentucky’s workers’ compensation statutes, specifically Ky. Rev. Stat. § 342.197 and is nonremovable pursuant to 28 U.S.C. § 1445(c), held a federal district court. Citing earlier decisions, the court said...

Kentucky: Sole Proprietor Enjoys No Coverage for Injury Under Workers’ Comp Insurance Policy

Reversing a decision by the state’s Court of Appeals, the Supreme Court of Kentucky held that a sole proprietor was not entitled to workers’ compensation benefits following a work-related injury where an exclusion endorsement specifically named him as excluded from coverage for bodily injury;...

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 (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 (8/24/2015)

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 ...

Kentucky: Igniting Cigarette Lighter While Holding Unidentified Explosive Object Was Not Horseplay

A Kentucky appellate court affirmed a determination by the state’s Workers’ Compensation Board that a heavy equipment operator’s severe injuries did not result from horseplay where evidence suggested that a co-worker serving as a “spotter” alongside the operator’s...

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 (11/16/2015)

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...

Kentucky: ALJ’s Findings that Fatal Heart Attack Was Not Causally Linked to Employment Found Erroneous

Where uncontradicted evidence indicated that the deceased service center manager had been under extreme stress—on the day prior to the manager’s fatal heart attack he had been advised by an EPA representative that the service center’s gas tanks were not in compliance and would have...

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 (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 (1/11/2016)

Doctor’s Union Challenges Medical Management Companies, Outsourcing . US DOL Reports US Mining Deaths Dropped to New Lows in 2015 . AIG Invests in Wearable Devices to Promote Workplace Safety . 91 Percent of Patients Overdosing on Opioids Continued to Get Painkiller Prescriptions . ...

National and State-by-State Workers' Comp News Powered by Larson's (3/7/2016)

OSHA Head Unveils Plans for 2016 . Federal Court Upholds Wellness Program, Rejects Lawsuit Filed by EEOC . NAIC Posts Latest Rankings for P&C Insurers Market Share . Risks Inherent With Sharing Economy Posed to Increase 20 Fold+ During Next Decade . ProPublica Workers Comp Investigation...

Kentucky: Injury Sustained in Pre-Employment Physical Not Compensable

Where a clerical worker sustained injuries during a pre-employment physical examination at a medical center, she could not recover workers’ compensation benefits because she was not an employee at the time of her injury, held the Supreme Court of Kentucky. That she actually passed the required...

Kentucky: Injured Worker May Choose His or Her Own Pharmacy

A Kentucky appellate court held that pharmacies are “medical providers” for purposes of Rev. Stat. Ann. § 342.020(1). Accordingly, the injured worker’s right to choose his or her own medical provider extended to the selection of a pharmacy. The court observed that since 1996, the...

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 (4/11/2016)

Express Scripts Releases New Drug Trend Report . Leahy Bill in U.S. Senate Could Kill Key Provision in TX Nonsubscriber ERISA Plans . AZ: RBRVS Fiscal Impact Study Released . AZ: ICA Requests Oct. 1 Effective Date for UR Rules for Opioid Use . CA: Ninth Circuit to Hear Challenge to Class...

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...

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...

National and State-by-State Workers' Comp News Powered by Larson's (6/13/2016)

PCI Issues New Report on Medical Cost Shifting From WC Opt Out Systems . PCI Insurers Support Town Hall to Discuss Florida Workers’ Comp System . WCRI Study Finds Large Decreases in Opioids Received by Injured Workers . AZ: Arizona Adopts IC Rules for ODG Drug Formulary Evidence-Based...

National and State-by-State Workers' Comp News Powered by Larson's (6/20/2016)

Labor Official Touts 10th Anniv. of Mine Improvement/New Emergency Response Act . Implant Approved to Help Fight Opioid Dependency . CA: DWC to Enforce Lien Claimants’ Use of Uniform Assigned Name . CA: DWC Announces Temporary Total Disability Rates for 2017 . CA: Columnist: California...