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National and State-by-State Workers' Comp News Powered by Larson's (1/13/2014)

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 AND STATE NEWS: NIOSH Publishes Workers Comp Insurance Primer for Public Health . AFG Acquires WC Insurer...

National and State-by-State Workers' Comp News Powered by Larson's (1/21/2014)

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. Standard & Poor’s: Possible Revenue Decline for U.S Work Comp Insurance Industry . NAIC Releases Report on...

Mississippi: Divided Court Affirms Award of PTSD Benefits Related to Hurricane Katrina

A divided Mississippi appellate court recently affirmed an award of PTSD benefits to an agent of the state’s Bureau of Narcotics resulting from her duties on the Mississippi Gulf Coast in the aftermath of Hurricane Katrina. The agent, who ordinary job entailed dangerous undercover operations, the...

Mississippi: Statute of Limitations Tolled While Injured Worker Was Paid Wages to Watch TV in Safety Trailer

Where, following his injury, an employee was paid his regular wages, but mostly sat around in the employer’s safety trailer watching television, the wages were “in lieu of compensation” and the employee’s petition for benefits was not barred by the statute of limitations. Relying...

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...

Mississippi: Evidence That Worker Was Subject of Murder Investigation Insufficient to Establish His Injuries Were Self-Inflicted

Evidence that an electrical line worker was under investigation for murder, that law enforcement officials had obtained a DNA sample from him a few days earlier, that he was not “acting as jovial as usual on the day of the accident,” that several witnesses heard an electrical “pop”...

Mississippi: CPA Exec’s Heirs May Pursue Death Benefits in Spite of Exec’s Failure to Secure Coverage

In a split decision, the Court of Appeals of Mississippi held that the survivors of a business executive could pursue their claim for death benefits under the state’s Workers’ Compensation Act in spite of the fact that the deceased, the managing partner and president of a CPA firm, had considered...

Mississippi: Cocaine Use Three Days Prior to Fall Dooms Trucker’s Claim

A Mississippi appellate court affirmed a finding by the state’s Workers’ Compensation Commission that a truck driver’s intoxication proximately caused his injuries and, thereby, disqualified him from receiving benefits. The driver exited his truck, fell, and was injured. He received...

Mississippi: Driver’s Failure to Wear Seatbelt and to Turn on Headlights Did Not Equate to Willful Intent to Injure Himself

In a split decision, a Mississippi appellate court has affirmed a finding by the state’s Workers’ Compensation Commission that an employee’s claim was not barred by the going and coming rule since the accident fell within the employer-sponsored-travel exception and that the employer...

National and State-by-State Workers' Comp News Powered by Larson's (10/20/2014)

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 Study Compares Medical Costs for Injured Workers in 16 States . Investigation: Heroin, Opioid Use by Workers Surges...

Federal: Court Forced to Choose Between Conflicting State Versions of Exclusive Remedy Rule

Noting that a federal court sitting in diversity must apply the choice-of-law rules of the state in which it sits—here that of Mississippi—a federal district court held that an injured employee of a subcontractor could not sue the general contractor on a construction project for alleged negligence...

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 (3/9/2015)

Obama’s Budget Proposal Mandates Reporting of Workers Comp Benefits to SSA . ProPublica Comments on OSHA Study of Inequality, Lack of Workplace Safety . The Atlantic: Workers Comp Policy “Doesn’t Really Seem to Involve You Until It Does” . PBS Newshour Interviews Journalists...

Mississippi: Employer’s Effort to Categorize Worker as Independent Contractor Unsuccessful

Substantial evidence supported the Commission’s finding that an injured worker was an employee, and not an independent contractor, where evidence suggested the worker, a car detailer, was required to work exclusively for the purported employer, was instructed to maintain his hours by punching a...

Mississippi: Bringing Home the Bacon—Injuries Sustained in Collision With 400-lb. Wild Hog Found Compensable

Substantial evidence supported the Commission’s finding that injuries sustained by a Mississippi casino employee when her car struck a 400-lb. wild hog arose out of and in the course of her employment, held a Mississippi appellate court. The “collision” took place at 4:00 a.m., when...

Mississippi: In Bad Faith Case, Evidence of Insurer’s Actions Prior to Exhaustion of Administrative Remedies Was Admissible

A Mississippi appellate court held that the requirement that an employee exhaust his or her administrative remedies before filing a lawsuit for bad faith refusal to pay for disputed medical services and supplies merely ensured that the state’s Workers’ Compensation Commission had determined...

Mississippi: Employee’s Kidney Disease Was Natural Consequence of Medication Taken for Earlier Admitted Injury to Lungs

A Mississippi appellate court affirmed an order of the state’s Workers’ Compensation Commission requiring an employer to pay for medical treatment related to a kidney condition caused by medication that an employee took for an admittedly compensable lung injury. In October 1997, the employee...

Mississippi: Managing Partner’s Failure to Secure Coverage Could Not Be Construed as Election to Be Exempt From Comp Act

Following the pattern of a number of states, Mississippi allows sole proprietors, partners in a partnership, or owners of 15 percent or more of a corporation to elect to be exempt from the state’s Workers’ Compensation Act if the partner, owner, or proprietor delivers a written notice to...

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...

Mississippi: Injuries Sustained During Pre-Employment Job-Function Test Are Compensable

A truck driver, who injured his knee while performing a pre-employment job-function test during the hiring/orientation process, was an employee at the time of his injury for purposes of a workers’ compensation claim, held a Mississippi appellate court. The driver had received a letter from his...

Mississippi: False Imprisonment Action Against Employer Fails

A Mississippi trial court committed error when it failed to grant summary judgment to an employer in a civil action filed by the estate of a deceased employee alleging false imprisonment and infliction of emotional distress where plaintiffs presented no evidence of actual intent on the part of the employer’s...

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating the merits of the case by joining various motions...

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 (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...

Mississippi: Worker With Partial Impairment Nevertheless Entitled to PTD Benefits

A Mississippi appellate court affirmed a Commission finding that an injured worker was entitled to permanent total disability benefits in spite of medical evidence that an IME physician had assigned only an 11 percent impairment rating to the worker’s body as a whole and had opined that the claimant...