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 Perspectives

JULY 5, 2022

For more than twenty years I have been speaking about demographic change to workers’ compensation insurers in the hopes of spurring policy changes in advance of an aging workforce and greater numbers of older workers in the workplace. Workers’ compensation and occupational health and safety are not keeping pace.

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Workers’ Compensation Health and Welfare Compensation System Transportation 52

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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Commissions Workers’ Compensation Construction Transportation 80

Workers' Compensation Perspectives

APRIL 29, 2024

The apparent rise in mental injuries First responders are not the only workers at risk of mental or psychological injuries. Many workers’ compensation jurisdictions and work-disability insurers have noted increasing mental disorder (also called psychological injury, mental injury) claims over time.

Disability Insurance 52

Disability Insurance Workers’ Compensation Insurance Pension 52

Workers' Compensation Perspectives

DECEMBER 7, 2022

Comparing system features and worker outcomes in workers’ compensation is an attractive concept. Knowing where your workers’ compensation ranks in terms of costs, benefits and outcomes is essential to any benchmarking exercise. A great example of a well-done interjurisdictional comparison come from Oregon.

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Workers’ Compensation Compensation System Medical Insurance 52

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

Workers' Compensation

JULY 14, 2023

A report released today by the Office of the State Comptroller (OSC) finds that the agency that manages workers’ compensation claims filed by state employees failed to remedy deficiencies identified three years ago. As of now, the risk of fraud, waste, and abuse in New Jersey’s workers’ compensation system remains unacceptably high.”

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Workers’ Compensation Family and Medical Leave Act Government Medical 52

Workers' Compensation

SEPTEMBER 11, 2023

Reporting Requirements The new EPA asbestos reporting rule requires certain entities that manufactured, imported, or processed asbestos from 2019 to 2022 with annual sales of $500,000 or more to report their asbestos use. The rule was published in the Federal Register in May 2022 and went into effect on August 24, 2023. US EPA , 943 F.

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Workers’ Compensation Manufacturing Compensation System Medical 69

Florida Workers' Comp

OCTOBER 13, 2022

See Safety First (November 2021) and Workplace Gun Safety (August 2022). The potential for workplace safety liability is a near constant in discussions of workers' compensation. It involves a workers' compensation claim that is instructive in its various potential points of discussion. But, why California?

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Workers’ Compensation Compensation System IT 80

Workers' Compensation Perspectives

FEBRUARY 16, 2024

Many students I encounter assume that workers’ compensation is simply another variant of traditional insurance. The Public Policy Objective Most developed economies have systems of social protection that offer cash benefits in case of work-related injuries. A brief history of workers' compensation. Iowa Orthop J.

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Workers’ Compensation Insurance Deductible Deductions 52

Workers' Compensation

JANUARY 29, 2022

The admissibility of scientific evidence has perennially been a controversial issue in workers’ compensation hearings. State Requirements New Jersey follows a guideline for the admission and reliance upon scientific evidence in occupational disease workers' compensation cases. See the Rulemaking Docket.

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Workers’ Compensation Pharmaceutical Compensation System Education 64

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). The application of workers' compensation in Florida is dependent upon that employment relationship. Classification is of import with the so-called "gig" workers.

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Workers’ Compensation Compensation System Medical Salary 80

Workers' Compensation

AUGUST 12, 2022

The workers’ compensation system works because there is certainty in the amount and type of benefits available. Clinical trials have been slow in moving forward, and the formal approval system has stagnated. Waiting for a Treatment for Long COVID Creates Uncertainty , Workers' Compensation Blog, Aug.

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Workers’ Compensation Compensation System Government Insurance 52

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

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. The doctor did not. Requests may come.

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Workers’ Compensation Compensation System Medical IT 80

The Workcomp Writer

OCTOBER 26, 2022

She did not, however, file for workers’ compensation benefits. a firefighter who was diagnosed with cancer and believed the disease was caused by the employment could only seek benefits from the employer by filing a workers’ compensation claim. Volusia Cnty. LEXIS 7212 (1st DCA, Oct.

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Workers’ Compensation Compensation System Benefit Providers Employment 72

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. A worker was hired by a general staffing agency, New York Mutual, Inc. Workers' Compensation Law § 7.7 (3d

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Employment Workers’ Compensation Compensation System Manufacturing 52

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.

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Workers' Compensation

JUNE 21, 2022

The US Supreme Court (SCOTUS) declined to review the Minnesota Supreme Court’s decision prohibiting reimbursement of medical marijuana costs in a workers’ compensation claim. Therefore, the individual States will remain the authority on whether reimbursement for medical marijuana will be permitted in a workers' compensation claim.

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Medical Workers’ Compensation Insurance Carriers Government 64

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 Compensation System Commissions IT 80

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”.

Disability Insurance 52

Disability Insurance Insurance Workers’ Compensation Compensation System 52

Workers' Compensation

APRIL 5, 2022

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. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act. Recommended Citation: Gelman, Jon L.,

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Workers’ Compensation Manufacturing Compensation System Management 59

The Workcomp Writer

AUGUST 31, 2022

Tullock , 2022 N.M. 29, 2022)]. Ultimately, the defendants defended on grounds that Finn’s civil action was barred by the exclusive remedy provision of the New Mexico Workers’ Compensation Act. The vehicle that struck him was owned by his employer and was driven by a co-worker who was out on a “mail run.”

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Workers’ Compensation Compensation System Utilities Employment 59

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., 801 et seq.,

Medical 52

Medical Workers’ Compensation Insurance Carriers Government 52

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.

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Workers’ Compensation Compensation System Commissions Engineering 52

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.

Employment 61

Employment Medical Utilities Compensation System 61

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 Compensation System Media Insurance 52

The Workcomp Writer

MAY 24, 2022

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that found an injured worker’s failure to disclose work-related injuries he sustained in 1998 and 2002, for which he received schedule loss of use awards, was the sort of misrepresentation prohibited by N.Y. Workers’ Comp.

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Workers’ Compensation Compensation System Commissions Medical 45

Workers' Compensation

JULY 3, 2022

An asbestos manufacturer or supplier that places inadequate warnings on asbestos bags used in the workplace has a duty to warn the worker, regardless of whether it provides the employer with the correct information, which is reasonably intended to reach its employees. Adequate warnings provide workers with a choice. 34:15-7 to -35.22.”

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Medical Manufacturing Workers’ Compensation Government 52

The Workcomp Writer

OCTOBER 26, 2022

She did not, however, file for workers’ compensation benefits. a firefighter who was diagnosed with cancer and believed the disease was caused by the employment could only seek benefits from the employer by filing a workers’ compensation claim. Volusia Cnty. LEXIS 7212 (1st DCA, Oct.

Workers’ Compensation 40

Workers’ Compensation Compensation System Benefit Providers Employment 40

The Workcomp Writer

MARCH 25, 2024

Background Plaintiff Robin Kluttz-Ellison, employed at Noah’s Playloft Preschool, filed two workers’ compensation claims alleging that she had sustained injuries in two separate incidents. Based on that finding, the Commission concluded that the bariatric weight loss surgery was compensable. Noah’s Playloft Preschool , 283 N.C.

Commissions 40

Commissions Workers’ Compensation Medical Compensation System 40

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. As of this writing, appellate courts in eight states have addressed whether employers and/or workers’ compensation insurers may be required to reimburse injured workers for the cost of medical marijuana.

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Workers’ Compensation Medical Insurance Insurance Carriers 52

The Workcomp Writer

SEPTEMBER 19, 2022

2022-NCCOA-595, 2022 N.C. Fault should play no role within the workers’ compensation scheme. Richards sought workers’ compensation benefits for a “low back” injury. Harris Teeter, Inc. LEXIS (Sept. Accordingly, the Seagroves test had not been satisfied by the employer. Background.

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Workers’ Compensation Commissions Employment Construction 64

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. of WV, Inc.

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Workers’ Compensation Medical Hospitality Utilities 52

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. Upon administrative review, the New York Workers’ Compensation Board affirmed.

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Workers’ Compensation Medical Compensation System Transportation 52

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. 2d 612 (2022). Within the workers’ compensation context, the issues are more complex and nuanced. Instruction , 282 N.C.

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Commissions Workers’ Compensation Medical Compensation System 52

The Workcomp Writer

NOVEMBER 11, 2024

Personal Observation In 1977, I stood before the North Carolina Industrial Commission as a young workers’ compensation defense attorney, barely a year into practice, challenging a deputy commissioner’s credibility determination. 6, 2024), illustrates how this tension continues to shape workers’ compensation practice.

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Workers’ Compensation Commissions Medical Compensation System 52