The Workcomp Writer

MAY 5, 2022

2022-NCCOA-281, 2022 N.C. LEXIS 282 (May 3, 2022]. In situations such as the case at bar, the appellate court would presume that the Commission found the necessary “good cause” and examine whether the record supported that finding. He subsequently filed a workers’ compensation claim, which the employer denied.

Commissions 64

Commissions Workers’ Compensation Medical Employment 64

Workers' Compensation

DECEMBER 11, 2021

Jon Gelman’s* newly revised and updated treatise on Workers’ Compensation Law is soon to be published by Thomson Reuters®. The treatise is the most complete and research integrated work available on NJ Workers’ Compensation law. Gelman on Workers' Compensation Law is Now Available on PROVIEW™ as an e-BOOK Edition.

Workers’ Compensation 64

Workers’ Compensation Pension Medical Commissions 64

Florida Workers' Comp

SEPTEMBER 1, 2022

Petition for Disciplinary Revocation (August 2022). Public Confidence (July 2022); Sign Language and Curiosities (July 2022). The chair of a county commission there is making news related, at least in part, with the reasonably recent closure of her law practice. Judges too, are not immune from such challenges.

Commissions 151

Commissions Workers’ Compensation IT Management 151

Florida Workers' Comp

MARCH 17, 2022

The workers' compensation world is never short of experts. Well, in a nutshell, workers' compensation is complex because it is a microcosm of business, government, economics, and actuary. We will discuss the 1972 National Commission Report. More on that in Friends, Romans, Countrymen (March 2022).

Workers’ Compensation 16

Workers’ Compensation Medical Food Commissions 16

Workplace Insight

AUGUST 15, 2024

According to data collected by Survation and commissioned by The Autonomy Institute , 72 percent of Labour voters back the idea of a four-day work week. Previous research has shown that businesses participating in the last large-scale pilot in 2022 saw improvements in performance, productivity, and employee well-being.

Government 116

Government Commissions Employee Wellness Employment 116

Florida Workers' Comp

JULY 26, 2022

In The 1972 Report re 1935 (July 2022), there is comparison of the initial 1935 Florida workers' compensation law to 2022. the post suggests that in a broad analysis Florida workers' compensation offers a greater potential breadth and volume of benefits to injured workers than the 1935 law.

Family and Medical Leave Act 80

Family and Medical Leave Act Commissions Workers’ Compensation Medical 80

Florida Workers' Comp

MAY 12, 2024

Judge Beamer was reelected in a primary election in August 2022. Judges in Florida are subject to a process of discipline that includes the Judicial Qualifications Commission or JQC. Complaints can be lodged there and the Commission is charged with investigation and recommendation. His current term runs until January 2029.

Commissions 104

Commissions Workers’ Compensation IT Management 104

The Workcomp Writer

JANUARY 6, 2022

Copyright 2022. As I have noted January for many years, prior to the death of my mentor and friend, Dr. Arthur Larson, the truly original author of the Larson treatises in workers’ compensation law (and in employment discrimination law, as well), he and I began a quirky—though humorous—New Year’s tradition. All rights reserved.

Workers’ Compensation 111

Workers’ Compensation Employment Insurance Commissions 111

The Workcomp Writer

JANUARY 10, 2023

As I have noted early each January for many, many years now, prior to the death of my mentor and friend, Dr. Arthur Larson, the original author of the oft-cited Larson treatises in workers’ compensation law (and in employment discrimination law, as well), Arthur and I began a quirky—though humorous—New Year’s tradition. Silberberg v.

Family and Medical Leave Act 52

Family and Medical Leave Act Workers’ Compensation Medical Commissions 52

InterWest Insurance Services

SEPTEMBER 23, 2024

Often these claims are part of another complaint, either concerning workplace discrimination or harassment issues and filed with the Equal Employment Opportunity Commission, or concerning workplace safety issues, which are filed with Fed-OSHA. In 2023, the EEOC saw a record number of retaliation complaints — 46,047, up 20% from 2022.

Human Resources 98

Human Resources Insurance Commissions Government 98

Florida Workers' Comp

FEBRUARY 1, 2022

In March 2022, the American Bar Association Trial and Insurance Practice (TIPS) section is bringing back its mid-year meeting. This annual tradition has come to have special meaning for the workers' compensation attorney community because of the College of Workers' Compensation Lawyers (CWCL).

Workers’ Compensation 104

Workers’ Compensation Commissions Compensation System Mining 104

Workers' Compensation

SEPTEMBER 24, 2022

The New Jersey Cannabis Regulatory Commission has issued guidance for workplaces as a first step toward formulating and approving standards for Workplace Impairment Recognition Expert certifications. New Jersey Cannabis Regulatory Commission issues guidance for workplaces , Workers' Compensation Blog, Sept.

Commissions 40

Commissions Workers’ Compensation Healthcare Government 40

Workers' Compensation

SEPTEMBER 23, 2023

Several studies have indicated evidence that the assumptions underlying the FCC and the International Commission on Non-Ionizing Radiation Protection [ICNIRP] concerning exposure limits are invalid and are harmful to humans. International Commission on the Biological Effects of Electromagnetic Fields (ICBE-EMF). See also Balmori, A.

Workers’ Compensation 59

Workers’ Compensation Manufacturing Commissions Government 59

Employee Benefits

NOVEMBER 17, 2022

Autumn budget 2022: The government has agreed to raise the national living wage by 9.7% In his autumn budget address to the House of Commons, Chancellor of the exchequer Jeremy Hunt (pictured) stated that he had accepted recommendations made by the Low Pay Commission to increase the national living wage to £10.42 from April 2023.

Government 105

Government Commissions Consulting Payroll 105

Florida Workers' Comp

DECEMBER 12, 2023

The 2022-23 Florida OJCC Annual Report is likely the most introspective annual review in the world of workers' compensation adjudication. Florida has indeed witnessed much evolution and progress in the 88 years since workers’ compensation came to Florida. In 2022-23, District Gainesville was transitioned as planned.

Workers’ Compensation 104

Workers’ Compensation Commissions Technology Employment 104

Florida Workers' Comp

JANUARY 9, 2022

It has been a tough 2022 (I am cognizant that we are less than 10 days in). Notably, however, he remained Board Certified in Workers' Compensation for the last 30 years. The Nominating Commission interviews were at the Orlando airport, and I can still remember the commissioner's inquiry. Remarkable, simply remarkable.

Workers’ Compensation 104

Workers’ Compensation Commissions Consulting IT 104

The Workcomp Writer

JUNE 3, 2022

Quoting Larson’s Workers’ Compensation Law , an Ohio appellate court affirmed a decision by the state’s Industrial Commission that had refused to consider various fringe benefits in the form of health and welfare benefits, as well as the employer’s contribution to several pension funds as “wages” or “earnings” under Ohio Rev.

Pension 72

Pension Health and Welfare Healthcare Benefits Commissions 72

Workplace Insight

OCTOBER 3, 2023

Despite warnings that AI could lead to widespread redundancies, younger workers across Europe believe that the recent advances in the technology will ‘supercharge’ the industry in which they work. By comparison, the percentage of people in Ireland as well as Spain is lower, at 75 percent.

Commissions 64

Commissions Technology Employment Management 64

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. Handwringing over costs often misses this underlying premise.

Disability Insurance 52

Disability Insurance Workers’ Compensation Insurance Family and Medical Leave Act 52

Florida Workers' Comp

APRIL 28, 2022

This is a blog about workers' compensation, which has few parallels to the service of members of the armed forces (my job could become dangerous, but the purpose of a soldier's job is inherently dangerous). Thus, a second "Memorial Day" has been established and observed each April 28 - Workers Memorial Day. I know, it is not May yet.

Workers’ Compensation 20

Workers’ Compensation Commissions Employment IT 20

Florida Workers' Comp

MAY 5, 2022

See Medical Excuse (April 2022). More recently, in Kentucky, an Owensboro judge made the news when she was "removed from office" in April 2022. Despite being very comprehensive, it does not include the Commission's final decision of April 22, 2022. The Kentucky Judicial Commission unanimously "order(ed).

Family and Medical Leave Act 80

Family and Medical Leave Act Commissions Medical Media 80

The Workcomp Writer

MAY 2, 2022

Were he presented no medical expert’s testimony and attempted to rely upon his own testimony as to pain levels and the circumstances of the injury itself, the Commission acted within its discretion in finding he had failed to establish medical causation [ Bowdry v. City of Tupelo , 2022 Miss. 26, 2022)]. LEXIS 130 (Apr.

Commissions 72

Commissions Medical Workers’ Compensation Employment 72

InterWest Insurance Services

AUGUST 30, 2022

With COVID-19 cases spreading fast throughout the country in what experts say is the biggest surge since the pandemic started, employers who regularly test their workers may have to change their policies. Employers will now only be able to test employees if they can prove that testing employees is a “business necessity.”

Commissions 98

Commissions Food Medical Employment 98

Workers' Compensation

JUNE 8, 2024

The decision by the Occupational Safety and Health Review Commission on April 23, 2024, agreed with the citation issued by the Department of Labor's Occupational Safety and Health Administration for violating the general duty clause and its proposed $14,502 penalty, the maximum amount allowed at the time of the citation. ORDER NOW. *

Workers’ Compensation 52

Workers’ Compensation Commissions Hospitality IT 52

Global People Strategist

OCTOBER 3, 2022

We’ve selected the top five critical changes in Ireland’s labor and employment law during 2022. Exclusionary bullies could target remote workers in the workplace. The Organization of Working Time Act already gives workers the right to disconnect. In July 2022, the Sick Leave Act was passed. 1. Redundancy risks.

Paid Sick Leave 52

Paid Sick Leave Employment Government Work From Home 52

Bayzat

OCTOBER 31, 2024

In 2022, about 42 per cent of workers in the UAE indicated that they would reconsider their employment if their company did not continue to offer long-term remote work options. Sales commissions: Particularly relevant in sectors like real estate, where commissions can form a significant portion of total compensation.

Salary 52

Salary Bonuses Commissions Benefits Package 52

Employee Benefits

MAY 2, 2023

Two Merseyside local councils, Knowsley Council and Liverpool Council, have committed to paying government commissioned care workers the real living wage , from April 2023 and April 2024, respectively. Dan Smith, regional organiser at Unison, said: “Care workers are some of the most exploited workers in the public sector.

Government 52

Government Commissions Salary Employee Benefits 52

The Workcomp Writer

SEPTEMBER 12, 2022

Blot , 2022 Va. Quoting Larson’s Workers’ Compensation Law , the appellate court reasoned that loss of employment should not be deemed due to disability if a worker without the disability would lose employment or suffer a reduction in earnings under the same economic conditions. Commission Reverses Deputy Commissioner in Part.

Commissions 72

Commissions Workers’ Compensation Medical Insurance 72

Workers' Compensation

DECEMBER 14, 2022

The NJ Supreme court held that the insurance agent's conduct must be a willful, wanton, or grossly negligent act of commission or omission for failure to advise an employer about workers' compensation coverage for a Limited Liability Corporation. Informed by the Legislature’s expression of public policy in N.J.S.A.

Workers’ Compensation 52

Workers’ Compensation Insurance Commissions Employment 52

Florida Workers' Comp

JANUARY 23, 2022

Periodically an interesting analysis in workers' compensation leads to discussion of death benefits. Prior discussions of death benefits in this blog have included Marriage, the Law and Workers' Compensation (November 2014), Ideological Shift (June 2015), and Reminded about Death Benefits (February 2019). Christopher R. McDonald v.

Commissions 80

Commissions Workers’ Compensation Construction IT 80

The Workcomp Writer

JANUARY 10, 2022

Laurels Healthcare Holdings , 2022-NCCOA-25, 2022 N.C. As noted in Larson’s Workers’ Compensation Law , § 42.01, the requirement that the injury be “accidental” in character has been adopted either legislatively or judicially by the overwhelming majority of states. The appellate court said the Commission had erred.

Commissions 72

Commissions Workers’ Compensation Healthcare Employment 72

Florida Workers' Comp

APRIL 7, 2022

The 2021 Workers’ Compensation Forum in Orlando was a much anticipated event. See Happy Anniversary (March 2022). Though the workers’ compensation litigation system (the OJCC) had persevered through 2020, there were various businesses that were still struggling with adaptation to various challenges.

Workers’ Compensation 80

Workers’ Compensation Medical Commissions Insurance 80

The Workcomp Writer

JANUARY 22, 2023

Industrial Comm’n , 2022-Ohio-4774 , 2022 Ohio App. 29, 2022)]. The appellate court acknowledged that the employee had not reached MMI, but noted further that the Industrial Commission had determined that while the employee’s condition might improve, that “improvement” would never rise to any level beyond residual functioning.

Medical 52

Medical Commissions Workers’ Compensation Utilities 52

Workers' Compensation

AUGUST 27, 2022

New Jersey workers again are now at risk for West Nile Virus. The warnings of the mosquito-borne illness are an alert for New Jersey workers to take adequate precautions against this infectious disease.The New Jersey Department of Health has confirmed the state’s first human cases of West Nile Virus (WNV) this year.

Workers’ Compensation 52

Workers’ Compensation Hospitality Electronics Commissions 52

The Workcomp Writer

AUGUST 19, 2024

In a decision that emphasizes the binding nature of unappealed workers’ compensation commission or board rulings, the Court of Appeals of Virginia recently affirmed the state Commission’s application of res judicata in a dispute over mileage reimbursement for medical treatment [ Edelblute’s Service Center v. 13, 2024)].

Commissions 52

Commissions Workers’ Compensation Medical Employment 52

The Workcomp Writer

SEPTEMBER 28, 2022

The Court of Appeals of North Carolina, construing the state’s version of the “found dead” rule, affirmed a decision by the state’s Industrial Commission that awarded death benefits to the dependents of a dump truck driver who died in an accident on a steep roadway [ Frye v. Hamrock, LLC , 2022-NCCOA-623, 2022 N.C. Found Dead”.

Commissions 72

Commissions Medical Workers’ Compensation Utilities 72

Florida Workers' Comp

JANUARY 1, 2023

Reflecting on 2022, it was a tumultuous year of change. on January 8, 2022. The Legislature adjourned in March 2022. The bill passed on March 14, 2022, and Florida workers' compensation will be forever changed. April brought the annual Workers' Compensation Forum in Orlando. That caught us all by surprise.

Workers’ Compensation 80

Workers’ Compensation Commissions Education IT 80