Workers' Compensation

MAY 30, 2022

The “exclusivity doctrine,” permitting a complete recovery of damages against an employer, limits an injured worker’s benefit recovery to the compensation system, barring an intentional tort. In August 2016, the worker slipped and fell on a pre-manufactured six-and-a-half-foot metal ramp that descended from the loading dock.

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Workers' Compensation

JULY 14, 2023

OSC’s 2020 audit found that six claimants collectively filed 266 claims between 1978 and 2016. As of now, the risk of fraud, waste, and abuse in New Jersey’s workers’ compensation system remains unacceptably high.” In 23 percent of those claims surveyed, no follow-up action, such as safety officer interviews, was taken.

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Florida Workers' Comp

JULY 24, 2022

The panel at the United States Department of Labor was focused specifically on half of the Grand Bargain, asking " Is the Workers’ Compensation System Serving Injured Workers? ” Law professor Emily Spieler , Northwestern University School of Law was included, as was workers compensation attorney Alan Pierce.

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The Workcomp Writer

DECEMBER 22, 2023

Heartiest congratulations to the National Council on Compensation Insurance (NCCI) as it celebrates 100 years of service to the workers’ compensation system. Our” system has seen substantial changes over the years and NCCI has deftly adapted along with it. 2016 OK 89, 381 P.3d Dillard’s, Inc.,

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Florida Workers' Comp

FEBRUARY 13, 2022

Similarly, the Florida workers' compensation system has experienced various efforts over the last century to limit or define attorney's fees, and to focus judicial discretion. Either measure of discretion may allow for outcomes that are seen by the public as unacceptable, a person receiving too light or too stringent a sentence.

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Florida Workers' Comp

JULY 11, 2022

Other state's workers' compensation systems "figured out" how to accept electronic documents as evidence. I recently read an article in which a workers' compensation judge explained a state's decision to eschew video as it presented too many challenges; Florida, on the contrary, switched to video with nary a hitch.

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Workers' Compensation Perspectives

APRIL 10, 2018

Every workers’ compensation system provides certain payments in the event of a work-related death of a worker. The expectation that workers’ compensation insurance will cover the full cost of a funeral and burial of an injured worker, however, is not the reality in all jurisdictions. but no statutory maximum.

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The Workcomp Writer

JANUARY 16, 2023

In 2016, he enrolled in New Jersey's medical marijuana program, both as a means of pain management and to overcome an opioid addiction. In October 2016, claimant began treatment with a pain management specialist. In October 2016, Wright sought compensation for $24,267.86

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The Workcomp Writer

MARCH 12, 2024

Nevertheless, Plaintiff’s husband, who Plaintiff has granted a power of attorney, testified that Plaintiff had not experienced issues with receiving timely weekly disability compensation since prior to the first hearing on the matter, after which the parties entered into a consent order in May 2016.

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Workers' Compensation Perspectives

JULY 5, 2022

Many workers’ compensation systems impose limits on benefits for older workers. The rapidly growing number of older citizens, record demand for labour, economic imperative of rising prices, and the social shift towards working later in life mean the workplace is seeing and will continue to see more older workers.

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Workers' Compensation Perspectives

AUGUST 22, 2019

In the NASI report, Table 12 Workers' Compensation Total Benefits Paid Per $100 of Covered Wages, by State provides a standard comparator for 2012 through 2016. For 2016, the range in worker benefits per $100 payroll was $0.26 Arizona data 2013-2016 are included in the private jurisdiction analysis.

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Workers' Compensation Perspectives

JANUARY 1, 2019

To forestall this eventuality, the majority of North American workers’ compensation jurisdictions adjust periodic payments (sometimes called workers’ compensation pensions or permanent disability payments) to account for increases in the cost of living. No COLA was payable in January 2010, January 2011, or in January 2016.

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Workers' Compensation Perspectives

JULY 11, 2019

To address these and other actual or anticipated market failures , governments intervene in a variety of ways [see post, “What is the connection between market failures and workers’ compensation? ” , Workers’ Comp Perspectives, August 9, 2016]. There are no jurisdictions with competitive state funds.

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Workers' Compensation Perspectives

MARCH 12, 2019

Regardless of the workers’ compensation insurance arrangement (private insurer, exclusive public state or provincial workers’ compensation board) the healthcare expenditures by workers’ compensation systems are relatively small compared to the total national spending on healthcare. In my view, this would be a mistake.

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Florida Workers' Comp

NOVEMBER 4, 2021

In July 2016, workers' compensation lost a leader in David DePaolo, see We've Lost a Leader (July 2016). In either, we have a population of workers that are not being covered by the workers' compensation system and its protections. And, there we will both honor and learn. The import is not really different.

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