Workers' Compensation

AUGUST 12, 2022

The workers’ compensation system works because there is certainty in the amount and type of benefits available. The toll on workers has been enormous and a potential endless wave of claims, both in intensity and duration, faces the workers’ compensation systems nationally. On the promising side.

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Workers' Compensation

JANUARY 29, 2022

Preliminary Draft | August 2021 [link] Comments to the proposed amendments to the Federal Rules of Evidence Rule 702 are due by February 16, 2022. Industry originally proposed the summary workers' compensation system over a century ago to avoid uncapped monetary damages from liability claims. See the Rulemaking Docket.

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Florida Workers' Comp

JANUARY 8, 2023

More than once during the preparation of the recent 2022 OJCC Annual Report, I overlooked an order or two for too long in my preoccupation. The doctor failed to appear initially and was ordered to appear in February 2022. He was ordered to appear and failed again in June 2022. He did not. and thereupon imposed sanctions.

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Workers’ Compensation Compensation System Medical IT 80

The Workcomp Writer

OCTOBER 26, 2022

As such, she argued that the statute unambiguously defined itself as an alternate path to benefits firefighters already had a substantive right to pursue through the workers’ compensation system [emphasis added]. Volusia Cnty. LEXIS 7212 (1st DCA, Oct. The court stressed, however, that Weaver’s argument missed the mark.

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Florida Workers' Comp

JULY 28, 2022

Photo copyright 2022 David Langham. National Geographic notes that “many (governments) had systems for anonymous denunciation of one kind or another." I have heard from lawyers for years regarding their perceptions of the Florida workers' compensation system, and those who run it. See Starfish (February 2022).

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Construction Workers’ Compensation Compensation System Government 104

Florida Workers' Comp

JULY 4, 2022

On May 5, 2022, the Governor signed SB 542 (whose companion had been HB 411 until it was "laid on the table" in March after the House committee process). There are multiple ways to strive to avoid the implications and costs of participating in the workers' compensation system.

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Workers' Compensation

JUNE 19, 2022

The workers’ compensation system nationally has been challenged over the last two plus years of the COVID Pandemic. The multi-state administered workers’ compensation program is based on a litigious patchwork of state programs with varying degrees of eligibility, procedures, and benefits. Recommended Citation: Gelman, Jon L.,

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The Workcomp Writer

JUNE 28, 2022

The Delaware Supreme Court affirmed a decision of the Superior Court that in turn had affirmed a decision by the state’s Industrial Accident Board (“IAB”) granting an employer’s petition for review as well as the IAB’s findings g that the claimant’s ongoing narcotic pain medications were no longer compensable [ Sheppard v.

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The Workcomp Writer

AUGUST 31, 2022

Tullock , 2022 N.M. 29, 2022)]. Finn’s sole remedy was within the workers’ compensation system. LEXIS 46 (Aug. Under the New Mexico statute, it seems that a commuting employee is not within the course and scope of the employment unless her person or car is struck by a co-employee. . §

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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. An employee may be considered to have two employers simultaneously for workers' compensation purposes.” Workers' Compensation Law § 7.7 (3d

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Workers' Compensation

JUNE 21, 2022

The petitioner further argued that Minnesota’s workers’ compensation system does not facilitate access to marijuana. Injured workers may obtain it with or without workers’ compensation coverage. A SCOTUS decision on the merits may result in further restrictions of the government’s Commerce Clause authority.

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Workers' Compensation Perspectives

AUGUST 27, 2023

Whether you work as a Case Manager for workers’ compensation system, a client services representative for a transport-accident personal-injury insurance, a claims administrator for a non-occupational disability insurance plan, or a return-to-work specialist for a third-party administrator, you will face the disability insurance “trust gap”.

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Workers' Compensation

MAY 31, 2022

The US Supreme Court (SCOTUS) is scheduled to conference the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. The Petitioner for a Writ of Certiorari conference is listed for Thursday, June 16, 2022. Mendota Heights Dental Center, et al.,

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Workers' Compensation

OCTOBER 26, 2023

This standard would reduce occupational exposure to SARS-COV-2 virus, which causes COVID-19, influenza viruses, and other pathogens that cause major personal and economic damage yearly and impact the workers' compensation system. It also describes procedures for commissioning systems to determine their installed performance.

Workers’ Compensation 52

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Workers' Compensation Perspectives

JULY 5, 2022

In the US (source: US BLS Current Population Survey, quarterly, non-seasonally adjusted 2002 and 2022 extracted June 2022): The employed non-farm labour force age 65 and over has increased by 2.5 of males aged 65 to 69 are employed (Q1 2022) vs. 29.5% in (Q1 2002). average) and a quarter of females (25.7%

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Workers’ Compensation Health and Welfare Compensation System Transportation 52

Workers' Compensation Perspectives

DECEMBER 7, 2022

Comparative studies provide stakeholders with context in assessing system performance and policy makers with objective data for decision making. Unfortunately, comparative studies of workers’ compensation system features and outcomes are rare. As with all forms of measurement, comparative analysis is costly and time consuming.

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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.” In fiscal year 2022, the Division processed about 8,000 claims, amounting to $96 million in total costs. million from July 2020 to October 2022. The vendor billed the Division about $6.5

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Workers’ Compensation Family and Medical Leave Act Government Medical 52

Proskauer's Employee Benefits & Executive Compensa

OCTOBER 19, 2022

In September 2022, Deputy Attorney General Lisa Monaco delivered remarks unveiling the Department of Justice’s revised corporate crime guidance to “prioritize and prosecute corporate crime.” To that end, Monaco emphasized that the DOJ will “reward” companies that claw back compensation from executives “when misconduct occurs.”

Executive Compensation 52

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The Workcomp Writer

MAY 24, 2022

Law § 114-a and that based on that misrepresentation, the worker should retroactively be barred from receiving workers’ compensation wage replacement benefits and further, should be prospectively disqualified from receiving future benefits [ Matter of Ali v. May 19, 2022)]. New York City Dept. LEXIS 3224 (3d Dept.

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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. Claim data for 2022 is as of October 23, 2023. Data for 2020 is as of January 31, 2021.

Disability Insurance 52

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

Workers' Compensation Perspectives

APRIL 29, 2024

The Canadian data [from the Association of Workers’ Compensation Boards of Canada – National Work Injury Statistics Program] reflect a rising trend in accepted work-related mental disorder claims (7,378 in 2022). So, these data may not fully represent what is happening in either country’s workers’ compensation system.

Disability Insurance 52

Disability Insurance Workers’ Compensation Insurance Pension 52

The Workcomp Writer

OCTOBER 26, 2022

As such, she argued that the statute unambiguously defined itself as an alternate path to benefits firefighters already had a substantive right to pursue through the workers’ compensation system [emphasis added]. Volusia Cnty. LEXIS 7212 (1st DCA, Oct. The court stressed, however, that Weaver’s argument missed the mark.

Workers’ Compensation 40

Workers’ Compensation Compensation System Benefit Providers Employment 40

The Workcomp Writer

MARCH 25, 2024

Based on that finding, the Commission concluded that the bariatric weight loss surgery was compensable. 2d 414 (2022), the Court of Appeals essentially affirmed the Commission’s decision. Its primary focus, under Pittman , was to examine whether the treatment was “directly related to the original compensable injury” [ Id.

Commissions 40

Commissions Workers’ Compensation Medical Compensation System 40

Workers' Compensation Perspectives

FEBRUARY 16, 2024

The Association of Workers’ Compensation Boards of Canada (AWCBC) reports that 83.4% of the employed workforce is covered by workers’ compensation (2022), with coverage levels in the range of 91-98% in more than half of the jurisdictions. Legislation also determines how the workers’ compensation will be provided.

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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). Law professor Emily Spieler , Northwestern University School of Law was included, as was workers compensation attorney Alan Pierce.

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Commissions Workers’ Compensation Construction Transportation 80

The Workcomp Writer

SEPTEMBER 19, 2022

2022-NCCOA-595, 2022 N.C. The court acknowledged that the employer did not argue on appeal that fault had any place in the compensability determination, nor did the employer dispute the compensability of Richard’s injury. Harris Teeter, Inc. LEXIS (Sept.

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Workers’ Compensation Commissions Employment Construction 64

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., Recommended Citation: Gelman, Jon L.,

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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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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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Workers' Compensation

AUGUST 15, 2022

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

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Workers' Compensation

SEPTEMBER 23, 2023

Environ Health 21, 92 (2022). In 2022, Apple generated over $205 Billion from iPhone sales, accounting for over 52% of its net sales. Motorola launched the initial commercial cellular network in 1973 as a 1G analog system. 2022), Certiorari denied 143 S.Ct. See also Balmori, A. Environmental Research , 214 , 113851.

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Workers’ Compensation Manufacturing Commissions Government 59

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. SYLLABUS Thomasenia L.

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The Workcomp Writer

MARCH 12, 2024

2d 612 (2022). As we note in Larson, the excessive and indiscriminate use of the lump-summing device has reached a point in some jurisdictions that it threatens to undermine the real purpose of the workers’ compensation system. Within the workers’ compensation context, the issues are more complex and nuanced.

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Commissions Workers’ Compensation Medical Compensation System 52

The Workcomp Writer

JANUARY 16, 2023

According to the National Conference of State Legislatures , as of February 3, 2022, 37 states 1 , the District of Columbia, and three U.S. denied , 2022 U.S. LEXIS 2970 (June 21, 2022); Musta v. denied , 2022 U.S. LEXIS 3046 (June 21, 2022). Introduction. Digger's Polaris , 965 N.W.2d 2d 281 (Minn.

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Workers’ Compensation Medical Insurance Insurance Carriers 52

The Workcomp Writer

APRIL 3, 2023

Beginning August 31, 2020, and continuing through March 9, 2022, Foster underwent treatment from multiple doctors for COVID-19, major depressive disorder, morbid obesity, asthma, congestive heart failure, dyspepsia, and tachycardia. On March 1, 2022, the claim administrator denied Foster’s claim for COVID-19. Occupational Disease?

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The Workcomp Writer

DECEMBER 31, 2022

A New York appellate court affirmed an award of benefits to an employee who contracted COVID-19 in spite of the fact that New York had no special presumption of compensability regarding such claims [ Matter of Pierre v. ABF Freight , 2022 N.Y. LEXIS 6983 (3d Dept. No such presumption, however, was in place in New York.

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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. Innovation is Necessary to Meet the Challenge of COVID in 2022, Workers' Compensation Blog (Jan. Recommended Citation: Gelman, Jon L.,

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