Workers' Compensation Perspectives

MARCH 4, 2021

In the accompanying slides and in some responses, I provide additional references as a starting point for understanding and comparing initial workers’ compensation. All workers’ compensation systems pay the same rate for lost wages…right? Is there a minimum compensation amount for TTD? California) to seven days (e.g.,

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Workers' Compensation

JULY 14, 2023

As of now, the risk of fraud, waste, and abuse in New Jersey’s workers’ compensation system remains unacceptably high.” OSC found no evidence of surveillance, site visits, or safety training related to these claims from fiscal year 2021 through fiscal year 2023.

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Workers' Compensation Perspectives

JULY 5, 2022

average) age 65 to 69 are employed (Jan-Apr 2022) A recent Australian study reflects similar increases in participation among older workers (Australian Institute of Health and Welfare (2021) Older Australians, accessed 10 May 2022): Older Australians (aged 65 and over) had a workforce participation rate of 15% (19% for men, 11% for women).

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Proskauer's Employee Benefits & Executive Compensa

OCTOBER 19, 2022

Faced with intense pushback, the SEC did not implement its 2015 proposed rule, although the SEC reopened comment periods in October 2021 and, as noted above, most recently in June 2022. Given the delay in the SEC’s implementation of final rules, public companies have taken various approaches.

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Workers' Compensation Perspectives

JULY 4, 2024

The apparent rise in mental disability claims is a significant issue for disability insurers and workers’ compensation systems. The observed rise in workers’ compensation claims for mental injury must be interpreted in context. Data for 2020 is as of January 31, 2021. Claim data for 2022 is as of October 23, 2023.

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Workers' Compensation Perspectives

FEBRUARY 16, 2024

“Carve-outs” as a Form of Self-insurance: Labor-management agreements meeting specific requirements set and approved by the state, may seek to state approval to exclude themselves from standard workers’ compensation insurance mandates, provided they offer benefits equal to or better than those mandated by the workers’ compensation system.

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Workers' Compensation Perspectives

APRIL 29, 2024

See SunLife, Changing Times: evolving the approach to disability management, 2021 at Changing times: evolving the approach to disability management | Sun Life ). So, these data may not fully represent what is happening in either country’s workers’ compensation system. At best, these data likely reflect broader trends.

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Workers' Compensation

DECEMBER 10, 2021

Stakeholders Face Challenges The numerous stakeholders of the workers’ compensation system have been repeatedly faced with episodes of increased infectious disease, and little has been done to take the necessary precautions against the hazardous consequences. Reinfection is at least 2.5 times increased compared to prior variants.

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Florida Workers' Comp

SEPTEMBER 13, 2022

See The 5 Monkey Parable (February 2021). The 2021-22 report is being sent this week to the Florida Legislature and will soon be posted on the OJCC website. The average value of each settlement fluctuated over the last 14 years between $4,847 in 2009-10 and $12,342 in 2021-22. And, without question, none of us knows why.

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Florida Workers' Comp

JULY 11, 2022

Last year, I noted that the Metaverse is Coming (October 2021). There was a follow up in November when one of the social media companies actually changed its name to reflect its belief in the coming of a new interactive computer world of the future: The Metaverse (November 2021). We are told that there will be greater convenience.

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Florida Workers' Comp

OCTOBER 13, 2022

See Safety First (November 2021) and Workplace Gun Safety (August 2022). Mitchell's only recourse if any, should be through the New Mexico workers' compensation system. In the workers' compensation and litigation arena, this is referred to as "exclusive remedy," and it is one of the pillars of workers' comp.

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Workers' Compensation

APRIL 5, 2022

The workers’ compensation system has been plagued by an epidemic of industrial illness, including asbestosis, lung cancer and mesothelioma, flowing from exposure to asbestos fiber in the workplace. Recommended Citation: Gelman, Jon L.,

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Florida Workers' Comp

JANUARY 11, 2024

Neal Pitts (Orlando, FL) 2019- Christopher Smith (Tampa, FL) 2020- Paul Anderson (Tallahassee, FL) 2021- Glen Wieland(Orlando, FL) 2022- Honorable Robert Dietz (posthumously)(Orlando, FL) 2023-my memory fails me here, and the World Wide Web did also (amendment coming) The Section maintains a list of the honorees on its website.

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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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Workers' Compensation

AUGUST 15, 2022

A major disrupters in the workers’ compensation system is hurricanes. Workers’ compensation benefits are available to injured workers due to the consequences of hurricanes, including injuries from flooding and wind. Now is the time to prepare for such events. The 2022 Season is still predicted to be an abnormally high season.

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Workers' Compensation

JUNE 17, 2024

127, or to dependents of essential employees who died from COVID, who receive a COLA pursuant to P.L.2021, This adjustment is intended to mirror, to the extent possible, the COLA already in place for benefits arising from an injury occurring before 1980.

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The Workcomp Writer

MARCH 12, 2024

97-2 (19) (2021) (defining “medical compensation”). The appellate court disagreed, indicating the language cited by Plaintiff was the Act’s definition of the purpose of medical compensation—which was just one purpose of the Act. Within the workers’ compensation context, the issues are more complex and nuanced.

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Workers' Compensation

JULY 3, 2022

While the workers’ compensation system is remedial social legislation crafted over a century ago, it does not provide sufficient economic incentive to make the workplace safer and offer adequate damages to make the worker and his dependents whole from the loss created by an unsafe workplace. 409 (2021). Bessemer Processing Co.,

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The Workcomp Writer

JANUARY 16, 2023

3d 825 (2021)]. M&K Construction , 2021 N.J. Aurora , 2021 N.Y. 2021), cert. 2021), cert. The majority of the Court also held that the federal Controlled Substances Act (CSA), 21 U.S.C.S. §§ 801-971, preempts an order made pursuant to the state’s Workers’ Compensation Law, Minn. New Jersey. In Hager v.

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The Workcomp Writer

APRIL 3, 2023

The Judge added that on January 19, 2021, the West Virginia Office of the Insurance Commissioner issued Insurance Bulletin No. 21-01 which directed, in part, that workers’ compensation claims for COVID-19 should not be summarily refused, denied, or rejected outright due to the nature of the injury alone without proper investigation.

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Florida Workers' Comp

MARCH 15, 2022

For more on Federalization, see A Move Towards Federal Influence (June 2017), and Is Federalization in the Wind (October 2021). Some would also find irony in the "wasteful litigation" perception of tort that drove us to workers' compensation. The Commission Report is available on John Burton's website.

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Workers' Compensation

JANUARY 5, 2022

Background The workers’ compensation system faces an enormous challenge in 2022 as the novel consequences of the most recent surge of SARS-CoV-2 infection engulf the nation. Before the Omicron variant surge in late 2021, it was estimated that over 2 million people in the United States suffered from PASC. Thomson-Reuters 2021).

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The Workcomp Writer

OCTOBER 21, 2024

She received medical and temporary disability benefits under Montana’s workers’ compensation system and continued working in Montana until 2020, when she moved back to Kansas. The key issue was whether Kansas had jurisdiction over Henretty’s claim for additional benefits.

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Workers' Compensation

JANUARY 24, 2025

6/19/2022 Investing for the Next Pandemic 9/21/2021 Is the workers' compensation system ready for the COVID-19 [coronavirus] virus? Live Updates 1/22/2021 Recommended Citation: Gelman, Jon., CDC Disruption: Workplace Health at Risk, www.gelmans.com (01/24/2025) [link]. ORDER NOW. *

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Workers' Compensation

AUGUST 8, 2023

The limited resources of state-based workers’ compensation systems are too fiscally restrictive to embrace the long-term treatment and disability benefits that will emerge from successive infectious disease outbreaks. In October 2021, the World Health Organization recognized Long-COVID as a disabling medical condition.

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Workers' Compensation

MARCH 22, 2025

workers' compensation system for a future pandemic requires considering multiple complex factors, including past administrative actions, potential policy shifts, and public health discourse. A lack of adequate resources could hinder the system's ability to handle a surge in claims during a pandemic.

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Workers' Compensation

NOVEMBER 28, 2024

9/28/2024 Bird Flu Strikes Colorado Poultry Workers: CDC Confirms 7/28/2024 Is the workers' compensation system ready for the COVID-19 [coronavirus] virus?

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