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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 (1/19/2016)

NCCI Establishes Baseline for Monitoring Impact of ACA on Workers Comp . Recent Ruling Could Give OSHA Wider Authority for Issuing Enterprise Abatement Orders . AZ: ICA Posts RFQ for Qualified Vendor List for Investment Management Consulting Services . CA: DWC Ended Lien Activation Fee Collection...

National and State-by-State Workers' Comp News Powered by Larson's (1/25/2016)

Injured Worker Left Out in the Cold by ERISA Surviving on Social Security Disability . Liberty Mutual Workplace Safety Index 2016 Reports $62B in U.S. Workers Comp Costs . USDOL Issues Guidance on Joint Employment Under FLSA, MSPA . News Investigation: Temp Agency Workers Reveal Discriminatory...

New York: Court Affirms Board’s Finding that Claimant’s Stress Was Greater than That of Other Workers

A New York court affirmed an award to a charity’s caseworker that contended she sustained a mental injury based upon stress on her job. The court acknowledged that N.Y. Work. Comp. Law § 2(7) precluded claims for mental injuries based upon work-related stress resulting from a lawful personnel...

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...

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 (3/7/2016)

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...

New York: Reduced Earnings Award Denied Where Reduction Was for Reasons Unrelated to Injury

A New York appellate court held that while evidence of a claimant’s work-related permanent partial disability permits an inference that a subsequent loss of wages or reduction in earnings is attributable to his or her disability, a reduced earnings award may still be denied where the reduction...

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 (3/28/2016)

OSHA Issues Final Rule on Silica Exposure . NAMSAP Proposes Evidence-Based Limits on Opioids for WCMSAs . OSHA Workplace Safety Violation Penalties to Increase 8/1/2016 . Stanford Professor Claims Costs Drop 44 Percent for Companies That Opt Out . HHS Release National Pain Strategy . McCrery...

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:...

New York Workers’ Compensation Trends and Developments for 2015

Many of the new developments in Workers’ Compensation Law and Practice in New York in 2015 were in the area of administrative and regulatory changes resulting from the Workers’ Compensation Board’s Business Process Re-engineering Project (BPR). There were very few legislative developments...

National and State-by-State Workers' Comp News Powered by Larson's (4/25/2016)

Uber Seeks to Settle Employee Status Lawsuits for $100M; Judge to Review Terms . CMS Releases April 2016 Version of WCMSA Reference Guide . CA: DIR Reports 2014 Fatal Occupational Injuries . CA: DWC Posts Workers’ Comp Fact Sheets, Claim Form in Four Additional Languages . CO: DWC to...

New York: Claimant’s Motorcycle Riding Disqualifies Him From Benefits

The Board was justified in finding claimant had violated N.Y. Work. Comp. Law § 114-a and should be disqualified from receiving wage replacement benefits where the claimant represented to an orthopedic surgeon that he could not do anything more than sedentary activity, and then only with the use...

New York: Airport Worker’s Work In Freezing Weather Causally Connected to Heart Attack

Substantial evidence supported a finding by the Board that an employee’s fatal heart attack was causally related to his employment where the decedent and others were called upon to deal with a frozen valve, the decedent was required to travel outside at night across snow-covered ground in freezing...

New York: Apportionment in Carpal Tunnel Syndrome Claim Deemed Inappropriate Under Facts

Where a union carpenter was employed by several different employers from 1998 through 2009 and, in 2010, he filed a claim for bilateral carpal tunnel syndrome caused by repetitive work, it was error for the Board to apportion 45 percent of the liability to an earlier employer since the carpenter was...

New York: Employee Need Not Give Separate Notice for Additional Injuries Related to Original Accident

For purposes of N.Y. Work. Comp. Law § 18, “accident” is not synonymous with the term injury. Accordingly, where a medical surgical technician slipped on a wet floor while performing her duties and reported an injury to her left knee at that time, she was not required to give the employer...

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...

New York: Defendant in Civil Action Could Not Claim Collateral Estoppel Based on Board’s Earlier Decision as to Extent of Plaintiff’s Injury

A New York trial court properly denied defendants’ motion to dismiss plaintiffs’ personal injury suit on the ground of collateral estoppel, where the issue of whether the injured plaintiff sustained an acquired traumatic brain injury due to a work-related auto accident was not raised or considered...

New York: Medical Testimony as to Possible Causes of Heart Attack Did Not Meet Evidentiary Standard

The New York Workers’ Compensation Board erred when it found that a corrections officer's work activities were causally connected to his myocardial infarction where the employer’s medical expert opined that the infarction was not caused by work-related physical activity, but instead was...

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...

New York: Failure to Disclose Volunteer Activity Amounts to Misrepresentation for Purposes of § 114-a

A New York appellate court held that substantial evidence supported a determination by the state Board that claimant had made false statements on a questionnaire for the purpose of obtaining workers’ compensation benefits [see N.Y. Work. Comp. Law § 114-a] where she denied participating in...

National and State-by-State Workers' Comp News Powered by Larson's (6/27/2016)

Wearable Devices May Reduce Injuries in Extreme Environments . Nat’l Safety Council: 4,000 Die Every Year at Work . Alternative Pain Treatment Easier Said than Done . SHRM Posts 2016 Benefits Study . Employers Curtailing Wellness Benefits . Businesses Eyeing Effects of 4th Circuit’s...

National and State-by-State Workers' Comp News Powered by Larson's (7/11/2016)

Comp Insurance Profitable, At Least For the Moment . CA: DWC Posts Interim Report on Evidence-Based Comp Drug Formulary . CA: WCIRB Submits 1/1/2017 Regulatory Filing . CA: WCIRB Releases Report on 2015 Losses and Expenses . CA: Settlement May Net Lyft Drivers $27 Million . FL: NCCI Recommends...