Workers' Compensation Perspectives

MARCH 23, 2020

Regardless of the workers’ compensation model (private insurance, competitive state fund, exclusive state fund), every insurer has to prepare for the unexpected. As noted in my last post, the COVID-19 event most certainly is a rare event and just as assuredly will result in accepted workers’ compensation claims.

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Workers' Compensation Perspectives

JANUARY 1, 2019

Workers with permanent disabilities often don’t have those options. The monthly workers’ compensation amount they receive may have sustained them initially but unless it is adjusted for the cost of living, permanently disabled workers will see the buying power of their workers’ compensation income decline with each passing year.

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The Workcomp Writer

SEPTEMBER 21, 2024

In a significant decision that reinforces the rights of workers with long-latency occupational diseases within the Keystone State, the Superior Court of Pennsylvania has affirmed in relevant part a trial court’s final judgment awarding a deceased worker’s estate more than $2.3 AK Steel Corp. The Tooey Decision In Tooey v. 3d 851 (Pa.

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Workers' Compensation Perspectives

AUGUST 22, 2019

[For the first part of this discussion, see “Workers’ Compensation Insurance Arrangements: Does the model make a difference? Part 1” at [link] or [link] ] In my previous post, I described the range of public policy insurance arrangements governments use in the workers’ compensation insurance market.

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Florida Workers' Comp

JANUARY 11, 2024

In 2018 Forum Recap and Professionalism (April 2018) ; 2015 Frierson-Colling Professionalism Award (2015), I had the chance to discuss professionalism and The Florida Bar Workers' Compensation Section's efforts to recognize it in their members. Myers who was a legend in Florida workers' compensation before my time.

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Workers' Compensation

APRIL 5, 2022

The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act. For decades workers and bystanders have been exposed to asbestos fiber and have tragically suffered asbestos-related diseases and death flowing from exposure to asbestos fiber. Recommended Citation: Gelman, Jon L.,

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Workers' Compensation Perspectives

JULY 11, 2019

For more than a century, governments have pursued a social policy objective: to protect workers from work-related injury, disability, illness and death in a compassionate and sustainable way that still allows the economic activity and innovation necessary for societies to operate and thrive. Government interventions alter the market.

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Florida Workers' Comp

JULY 24, 2022

In March 2022, I was honored to speak (briefly) at the Workers' Compensation Research Institute (WCRI) conference in Boston, see Friends, Romans, countrymen, lendme your ears (March 2022). However, society has moved on and "workers" today is more more acceptable; our workplaces are more diverse, vibrant, and inclusive.

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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.

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The Workcomp Writer

MARCH 12, 2024

As I point out below, boards’ and commissions’ broad use of lump-summing can sometimes undermine the core philosophy of workers’ compensation as a means of replacing a portion of lost earnings. Further, Plaintiff was not alleging any ongoing issues with receiving weekly total disability compensation.

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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. The winnowing was not easy. Minneapolis St. 315, 41 N.W.2d

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The Workcomp Writer

JANUARY 16, 2023

It is, of course, one thing for a state to allow the use of marijuana in the treatment of injuries and diseases, but quite another to require employers and/or insurers to reimburse injured workers in connection with a workers’ compensation claim. Stat. . §§ 26-2B-1 to 26-2B-7, et seq.), Four have ruled that it cannot.

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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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