LexisNexis® Legal Newsroom
Manage Your Workers’ Compensation Program by Advisen and Amaxx Risk Solutions

Book Shows Employers How to Cut Comp Costs by 20% - 50% NEW YORK.—Sept 26, 2011 – Advisen and Amaxx have combined to produce a $159 guidebook to help brokers, consultants, safety & loss control professionals, claims managers and buyers of insurance reduce Workers Compensation costs...

It’s Still the Economy, Stupid: Considering the NCCI Research Brief “Workers’ Compensation Claims Frequency”

By Vernon Sumwalt, Esq. In the NCCI brief “ Workers’ Compensation Claims Frequency ” (August 2011), Jim Davis and Yair Bar-Chaim look at the consequences of the Great Recession of 2007-2009 upon workers’ compensation claims frequency in 2010. To a variable extent, the conclusions...

It’s Still the Economy, Stupid: Considering the NCCI Research Brief “Workers’ Compensation Claims Frequency”

By Vernon Sumwalt, Esq. In the NCCI brief “ Workers’ Compensation Claims Frequency ” (August 2011), Jim Davis and Yair Bar-Chaim look at the consequences of the Great Recession of 2007-2009 upon workers’ compensation claims frequency in 2010. To a variable extent, the conclusions...

Congress Holds Hearing on OSHA Workplace Safety Regulations

Focus on Creating Regulations that Adequately Protect Workers Without Unduly Burdening Struggling Employers By John M. Stahl, Esq. The Subcommittee on Workforce Protections (subcommittee) of the Education and the Workforce Committee of the U.S. House of Representatives held a hearing on October...

Congress Holds Hearing on OSHA Workplace Safety Regulations

Focus on Creating Regulations that Adequately Protect Workers Without Unduly Burdening Struggling Employers By John M. Stahl, Esq. The Subcommittee on Workforce Protections (subcommittee) of the Education and the Workforce Committee of the U.S. House of Representatives held a hearing on October...

Experts Address Pre-loss Control Programs

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]” discussed how...

Experts Address Pre-loss Control Programs

Panel Shows Benefits of Shifting Focus From Post-Injury Costs to Incident Prevention By John M. Stahl, Esq. An October 11, 2011, webinar entitled “ Injury Prevention & Pre-Loss Controls: A Paradigm Shift in Workers' Compensation, sponsored by Zurich [Insurance]” discussed how...

House Committee Blames Regulators and Operator for Upper Big Branch Mine Disaster

Better Enforcement and Safety Programs Might Have Saved Lives By John Stahl, Esq. The House Committee on Education and the Workforce (Committee) conducted a March 27, 2012, hearing on the 2010 West Virginia mining tragedy at the Upper Big Branch (UBB) mine. The Committee concluded that the mine operator...

National and State-by-State Workers' Comp News Roundup Powered by Larson's (4/29/2013)

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 NEWS: Walmart Suppliers Say Retail Giant Squeezes Them to Produce More, No Concern for Worker Safety . Radiation...

Ohio: Intentional Tort Action Against Employer Fails

An Ohio appellate court has affirmed a trial court’s summary judgment decision in favor of an employer in an injured employee’s intentional tort claim, agreeing with the trial court that the employee failed to show the employer intended to cause the employee injury. The employee lost his...

Worker’s Injuries From Cave-In Caused by S&W Misconduct of Employer: Cal. Comp. Cases April Advanced Postings (4/11/2014)

Here’s the third batch of advanced postings for the April 2014 issue of Cal. Comp. Cases. Lexis.com and Lexis Advance subscribers can link to the case to read the complete headnotes and summaries . © Copyright 2014 LexisNexis. All rights reserved. Joseph R. Scott, Inc., State Compensation...

Federal: Breach of Contract Claim Against Special Employer for Failure to Provide Safe Work Environment Is Barred By Exclusiveness

That an employer referred in its Policies and Procedures Handbook to its commitment to provide a safe and health work place for its employees, that the Handbook also stated that safety rules and safe work practices were “not optional,” and that the employer had gone to great lengths to provide...

Workers Memorial Day: Honoring the Dead as We Fight for the Living

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. 25 Years of Speeches and Bells The key talking points for journalists and speechwriters...

The Aging Workforce: How to Manage Workers’ Comp Costs for the Silver Bunch

Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp world. Here’s the story of an aging workforce that can’t afford to leave their jobs...

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer

Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an “intentional act,” a Louisiana appellate court ruled that the contractor’s actions in connection with the...

ACOEM Updates Guideline Regarding the Use of Opioids in Safety-Sensitive Jobs

ACOEM tightens guidelines, cautions against the use of opioids in any safety sensitive job, not just motor vehicle driving Much has been written lately on the increased use—both licit and illicit—of opioids. Against this backdrop, concern is mounting over the impact this usage may have...

California: Governor Signs Bill to Protect Temporary Workers

Labor Contracting; Client Liability; Temporary Workers. AB 1897 (Ch. No. __), signed by Governor Brown on Sept. 28, 2014, establishes civil legal responsibility and civil liability of client employers, which obtain workers from third-party labor contractors, for the payment of wages and the failure to...

The False Picture of Contingent and Temporary Workers in the American Workplace

Study argues that lack of coordination in gathering data on contingent and temporary workers has resulted in undercounting and misclassifying of work hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator...

Insurer-Supported Engineering Controls Can Lead to Significant Reduction of Overall Workers’ Comp Claims and Costs

New study evaluates controls to reduce/eliminate workplace hazards Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is a leading commentator and expert on the law of workers’ compensation. Insurer-supported engineering controls—those...

The Evolution of Reform: WCRI Panel Examines Resilience and Renovation in Workers’ Compensation

Closing session at WCRI’s annual conference examines workers’ comp systems in Texas, Pennsylvania, Oregon and Florida By Ryan Benharris, Esq. Focusing on Resilience or Renovation, the 2015 Workers Compensation Research Institute Annual Convention (WCRI) closed its seminar on March 6...

What’s Really Behind the Decline in Workers’ Comp Claim Rates?

New study suggests improved safety is only partially the answer given the considerable shift of care from workers’ comp to private insurance coverage Thomas A. Robinson, J.D., the Feature National Columnist for the LexisNexis Workers’ Compensation eNewsletter , is the co-author of Larson’s...

Texas: Non-Subscribing Employer Not Liable for Injuries Caused by Open, Obvious Dangerous Condition

Answering a certified question from the United States Court of Appeals for the Fifth Circuit, the Supreme Court of Texas held that, under Texas law, (1) subject to two limited exceptions not relevant to the case, an employer generally does not have a duty to warn or protect its employees from unreasonably...

How Undocumented Status Impacts the Working Conditions and Safety of Latino Immigrants

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers’ Compensation eNewsletter Although the debate over undocumented immigrants and immigration reform is constantly in the headlines, one area that receives less attention is the working conditions for those undocumented immigrants...

Occupational Fatalities Involving Engines, Robots & Thingamabobs: A Study on Ways to Terminate Worker Death by Machines

By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D. A farm worker is crushed to death after his tractor flips and pins him between the tractor and the wagon it was pulling. A construction worker is struck and killed by a swinging crane when another worker removes a pin from the crane while they...

Health and Safety Issues Facing Temporary or “Gig” Workers Who Lack Regular Employment Status

A NIOSH Commentary reviews the current research and paints a troubling picture for nonstandard workers It is no secret that more and more work is being performed by American workers outside of the traditional employer-employee relationship. Employers are increasingly turning to nonstandard work relationships...