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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...

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...

Pennsylvania: Truck Driver’s State of Residence is Insufficient to Establish Jurisdiction Following Extraterritorial Injury

A Pennsylvania appellate court held that a truck driver was not entitled to benefits in Pennsylvania for an extraterritorial injury because his employment was not principally localized in Pennsylvania where the driver and the employer entered into an agreement that clearly indicated that the driver’s...

Pennsylvania: Statute Requiring Use of AMA Guides, 6th Ed., Struck Down

In a sharply divided decision, a Pennsylvania appellate court held that the statutory provision in § 306(a.2) of the state’s Workers’ Compensation Act that requires physicians to utilize “the most recent” edition of the AMA’s Guides to the Evaluation of Permanent Impairment...

Pennsylvania: Restaurant Franchisor Not Responsible for Comp Benefits of Uninsured Franchisee’s Injured Worker

As is the situation in many other states, where a Pennsylvania firm subcontracts a regular or recurrent part of its business to another, the firm is liable for workers’ compensation benefits to the subcontractor’s employees if that subcontractor is uninsured [see 77 Pa. Cons. Stat. §...

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 (10/19/2015)

DOL Drafts New Multi-Employer Citation Standard (Franchisor Liability) at OSHA . GOP Attacks Scope, Transparency of DOL’s Standard for Franchisor Liability at OSHA . Study Finds 1 in 5 Small Businesses OK With Employee Medical Marijuana Use at Work . JAMA: Opioid Dependence/Abuse Increased...

Pennsylvania: Mother/Attendant Care Worker May Not Recover for Injuries Sustained When Son Attacked Her With Knife

A Pennsylvania woman who, pursuant to a state-funded program, was paid on an hourly basis to provide attendant care services for her thirty-three year old son who had significant health issues related to his long-term drug use, did not sustain an injury arising out of and in the course of her employment...

National and State-by-State Workers' Comp News Powered by Larson's (11/2/2015)

Latest Map of Uninsured in America Shows Lack of Health Insurance in the South . Survey of Occupational Injuries, Illnesses Shows Nearly 3 Million Workplace Injuries in 2014 . EEOC Proposes Allowing Genetic Information for Voluntary Workplace Wellness Programs . Congressional Blog Warns of Injured...

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...

Pennsylvania: Claimant Retires and Moves to Nevada, but Court Says No Evidence She Withdrew From Workforce

A Pennsylvania appellate court held that it was error to suspend a claimant’s benefits solely because she received a disability pension and had moved to Nevada for its warmer climate; there was no evidence that she had permanently removed herself from the workforce. The claimant indicated her body...

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...

Study Reports High Levels of Satisfaction With Healthcare Provided to Pennsylvania Injured Workers

Study suggests transparency in claims process produces favorable results According to a study recently published in the Journal of Occupational and Environmental Medicine [See Joshi, Anand B., MD, MHA, et al., “ Factors That Predict Satisfaction With Medical Care: Data From 27,212 Injured Workers...

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...

National and State-by-State Workers' Comp News Powered by Larson's (3/14/2016)

NCCI Posts 2015 State of the Line Reference Guide . OSHA Considering Panel’s Recommendations for New Safety Guidelines . Lockton Releases White Paper on Opioid Epidemic and Chronic Pain . Senate Poised to Pass Bill to Reduce Opioid Abuse . CA: DWC Posts Ethics Advisory Committee Annual...

Pennsylvania: Personal Caretaker Was Independent Contractor, Not Employee

A tax filing denoting self-employment, while a relevant factor, is not dispositive on the issue of employment status, nor is the existence of an employment or independent contractor agreement. Both are factors to consider, but by themselves, they were not dispositive, held a Pennsylvania appellate court...

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 (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 (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...

Pennsylvania: Late Notice of Employer’s Uninsured Status by Worker Limits Both Medical and Wage Loss Benefits

Pursuant to 77 Pa. Cons. Stat. § 2703(b), if an injured worker fails to notify the Uninsured Employers Guaranty Fund (Fund) within 45 days after the worker knows that the employer is uninsured, the Fund is not obligated to provide “compensation” from the date of the injury, but rather...

Pennsylvania: WCJ’s Rejection of Uncontradicted Medical Evidence Offered by IRE Physician Was Appropriate

Emphasizing that with regard to expert medical testimony, one should not conflate the qualifications of the expert with the persuasiveness of the expert’s testimony, the Supreme Court of Pennsylvania reversed a decision by the state’s Commonwealth Court and held that a WCJ’s rejection...

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...