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Vermont Workers' Compensation Update: April to June 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. DEPARTMENT DECISIONS Brodeur v Energizer Battery Manufacturing, Inc. , Opinion No. 6-14 (Apr. 2, 2014). Treating physician’s opinions as to proposed minimally...

National and State-by-State Workers' Comp News Powered by Larson's (9/29/2014)

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. New Study Finds Big Drop in Injury Rate When Mandated Nurse Staff Ratios Used . NCCI Posts Updated Experience Rating...

National and State-by-State Workers' Comp News Powered by Larson's (12/8/2014)

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. OSHA Reports 3 Million Workers Experienced Serious Injury or Illness on Job in 2013 . Three Compound Pharmacies Sue Express...

National and State-by-State Workers' Comp News Powered by Larson's (12/15/2014)

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. Hospital Outpatient Costs Higher Where Percent-of-Charge-Based Fee Regs, No Fee Schedules . NCCI Develops Proof of WC...

Vermont Workers' Compensation Update: October to December 2014

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The long awaited proposed re-write of the VT WC Rules has been unveiled and will be ready for public comment soon. DEPARTMENT DECISIONS Shaffer v First Choice Communications...

National and State-by-State Workers' Comp News Powered by Larson's (2/17/2015)

Doctors, Drug Companies Exploit Loopholes in Physician Dispensing . Gig Workers Seek Labor Protections, Benefits . Zurich 4Q Profit Drops 20 Percent . H.R. 994 Would Improve Workers Compensation for Uranium Mining . Affordable Care Act Raises Stakes for Worker Misclassification . AZ: High...

Vermont: Physician’s Use of AMA Guides’ DRE Method—Rather Than ROM Method—for Determining Impairment Did Not Support Reformation of Settlement Agreement

Where settlement in 2002 (via Vermont’s Form 22) of the PPD segment of a workers’ compensation claim was based upon a physician’s use of the AMA Guides’ Diagnosis Related Estimate (“DRE”) and, six years later, two different physicians indicated that it would have been...

Vermont: Agreement to Arrange for Impairment Rating Medical Visit Does Not Toll Statute of Limitations

The State of Vermont, as employer, did not waive the affirmative defense of statute of limitations when it agreed to claimant’s Fall 2010 request for an impairment rating related to his January 1996 work-related injury. While a lower court did err when it determined that Workers’ Compensation...

Vermont Workers’ Compensation Update: January to March 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Mercier of Williamstown, VT, has joined the staff at the Department as a Workers’ Compensation Specialist II. Ms. Mercier has an Associates of Science as a...

Celebrating the Centennial Anniversary of Vermont Workers’ Compensation Act

Conference September 15 | Special Edition VBA Journal | Educational Outreach General Contact: Keith Kasper, Esq., McCormick Fitzpatrick Kasper & Burchard, P.C. (802) 863-3494 , kjk@mc-fitz.com (see below for contacts for specific initiatives and events) Montpelier – The 100 th anniversary...

National and State-by-State Workers' Comp News Powered by Larson's (8/10/2015)

GAO Blasts SSA for Inability to Detect Concurrent FECA Payments . Private Investigators Say Drones Useful in Uncovering Workers Comp Fraud . Federal Judge to Rule in Coming Weeks on Uber Class Action Certification . Opioid Use Linked to Poor Outcomes in WC Patients Having Discogenic Fusion ...

Celebrating the Centennial Anniversary of Vermont Workers’ Compensation Act

Conference September 15 | Special Edition VBA Journal | Educational Outreach General Contact: Keith Kasper, Esq., McCormick Fitzpatrick Kasper & Burchard, P.C. (802) 863-3494 , kjk@mc-fitz.com (see below for contacts for specific initiatives and events) Montpelier – The 100 th anniversary...

National and State-by-State Workers' Comp News Powered by Larson's (8/31/2015)

NCCI Posts New Release of Proof of Coverage State Guide . ProPublica Partners With Beacon Crowdfunding Site to Generate Work Comp News . 10th Circuit Overturns $3.5M Verdict in Alleged Construction Machine Defect Case . NRLB Redefines Joint Employer Status in Temporary Agency Case . 5th Circuit...

Vermont: Employer’s Decision to Fire Worker for Excessive Internet Use Was Not “Mere Pretext”

An employer’s decision to terminate an employee for excessive non-business Internet use during working hours was not a “mere pretext” where the employer requested a “Websense” report—a technician’s special report showing detailed information about the worker’s...

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...

National and State-by-State Workers' Comp News Powered by Larson's (11/9/2015)

A.M. Best: U.S. Workers Comp Performance Improves Despite Rate Softening . Travelers, Hartford, AIG Rank as Top Three Workers Comp Insurers in 2014 . Shifting Trends of Prescription Opioids and Heroin Abuse in the US . AK: WCB Approves Changes to Workers Comp Fee Schedule . CA: Federal Judge...

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 .” ...

Vermont Workers' Compensation Update: October to December 2015

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Julie Charanko long term WC Specialist II has retired, but she is not going far as she is going to continue her work at the Department as a “temp” for the...

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 (2/8/2016)

Experts Identify Top 10 Issues to Watch for Workers’ Comp in 2016 . EEOC Seeks Comments on Proposed Enforcement Guidance on Workplace Retaliation . Insurance Information Institute President Dr. Robert Hartwig to Step Down . Obama Budget Would Invest $1.1B to Fight Opioid Abuse, Heroin...

Vermont Workers' Compensation Update: January to March 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. The Voice of The Department, Ellen Gonyaw, the receptionist, has retired after almost 9 years to move to Maine to open a campground. We all wish her well and hope she...

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...

Vermont Workers’ Compensation Update: April to June 2016

This list of recent noteworthy cases was compiled by Keith J. Kasper of McCormick, Fitzpatrick, Kasper & Buchard, PC. Argentina Kearney has joined the Department of Labor staff as a Workers’ Compensation Specialist II starting May 16, 2016. Ms. Kearney has most recently been employed...

Vermont: Employer Allowed Credit for Post-Injury “Wages” Paid under Collective Bargaining Agreement

In a divided decision, the Supreme Court of Vermont held that an employer should have been allowed a credit against future workers’ compensation benefits owed to an injured worker where the worker’s claim was initially denied and the employer accordingly paid claimant for a nonoccupational...

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...