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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...

Ohio: Absence of Hook Latch on Hoisting Crane Not a Violation of Specific Safety Requirement

The Ohio Industrial Commission abused its discretion when it determined that an employer violated the safety regulations in Ohio Adm. Code 4123:1–5–14(G)(1) by failing to repair or replace a crane hook that was missing a safety latch and those in Ohio Adm. Code 4123:1–5–15(B)...

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 (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 .” ...

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 (1/19/2016)

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...

Federal: Issue of Fact Regarding Control Means Tort Action May Proceed Against General Contractor

Where a subcontractor’s worker sustained serious injuries when he attempted to use a grinder—owned by the project’s contactor and which did not have a required safety guard—and where there was a conflict in the evidence as to whether the injured worker was subject to the direct...

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...

Ohio: Court Reiterates “Substantially Certain” Test No Longer Applicable in Intentional Tort Actions

While the action of the employer in utilizing undersized “outriggers” to extend a work platform could be characterized as reckless, the employer was nevertheless entitled to summary judgment in an intentional tort action filed against it by an injured worker. The employer’s outrigging...

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...

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 . ...

Ohio: Worker Not Entitled to TTD Compensation Where His Loss of Income Was Due to Voluntary Retirement

Denial of an injured worker’s application for TTD compensation was appropriate where the Commission determined that the worker’s loss of income was due to his voluntary abandonment of his employment in 2012 due to reasons unrelated to a 2009 industrial injury to his knee. While the worker...

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...

Ohio: PTD Benefits Not Available to 90-Year-Old Since He Could Return to Work

In making its determination that a 90-year-old claimant was not permanently and totally disabled, the Industrial Commission was free to reject a report from claimant’s vocational consultant in favor of its own analysis of relevant vocational factors. While the Commission acknowledged that claimant’s...

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...

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...

Ohio: Employee Injured When Struck by Co-Employee’s Driverless Vehicle May Not Recover in Tort

An Ohio court affirmed a trial court’s summary judgment in favor of a defendant who had been sued by a co-employee who sustained injuries in a bizarre accident that occurred in the employer’s parking lot. The two employees had completed their shifts and were walking to their respective vehicles...

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...

Ohio: Court Rejects Uncorroborated Expert Testimony From Pulmonary Expert

An Ohio appellate court affirmed trial court’s decision granting summary judgment to an employer in a workers’ compensation matter in spite of what the worker contended was a conflict in the medical evidence. The worker was diagnosed with respiratory problems and claimed the condition was...

Ohio: Court Strikes Down Provision Requiring Schedule Benefits to Be Paid Weekly, Instead of Lump Sum

Under the one-subject rule, set forth in the Ohio Constitution [art. II, § 15(D)], no bill may contain more than one “subject” and that subject must be clearly expressed in the bill’s title. An Ohio appellate court held that the portion of the 2012 “Mid-Biennium Budget Review...

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’...

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...

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 (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...