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.

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Florida Workers' Comp

AUGUST 29, 2024

An intriguing lawsuit filed in the great state of Washington reminds us of the 2023 implosion of a deep CV vehicle in the Atlantic. A carbon fiber craft descended in June 2023 in hopes of reaching the wreck of the famed Titanic ocean liner. Workers' compensation is a trade, a "this for that," a compendium of quid pro quo.

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The Workcomp Writer

JULY 26, 2024

Uber/Lyft Drivers Can Remain Classified as Independent Contractors In a unanimous decision, the California Supreme Court yesterday affirmed, in relevant part, the 2023 appellate court ruling that had reinstated most of Proposition 22 (“Prop 22”) [ Castellanos v. State of California , S279622, 2024 Cal. LEXIS XXX (July 25, 2024)].

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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

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. gelmans.com (10/26/2023), [link] © 2001-2023 Jon L Gelman. Live Updates ….

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Workers' Compensation

AUGUST 8, 2023

While state benefit systems such as workers’ compensation have made an admirable attempt in many jurisdictions to provide benefits, a significant gap and non-uniform delivery of benefits continue to exist among jurisdictions. The proposed fall 2023 booster, now delayed in production, does not address the newer variants.

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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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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

NOVEMBER 8, 2023

While workers’ compensation benefits may have been a primary recovery for damages, historically, they are insufficient to compensate victims. Workers’ compensation is a statutory remedy based on capped awards calculated on the wages in effect at the time of the exposure.

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Workers' Compensation

AUGUST 24, 2023

A cornerstone of the NJ Workers’ Compensation Act [WCA] is that the Division of Workers’ Compensation [DWC] is mandated to oversee the settlement of accident or injury claims. Payments made under Section 20 may be considered payments of workers’ compensation for insurance rating purposes only. 2d 693 (A.D.1953).

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Workers' Compensation

JANUARY 24, 2024

Long COVID continues to impact the lives of US workers. For some, the change in job status can affect health insurance and workers’ compensation benefits, which can further treatment options. Workers’ Compensation Benefits for Long COVID , www. Jan 13 2023:1‐14. Bernie Sanders (I-Vt.), gelmans.com (2024).

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The Workcomp Writer

JUNE 18, 2024

2023) 95 Cal.App.5th The case now returns to the trial court, where the widow will have the opportunity to prove her allegations and potentially hold the employer accountable outside the workers’ compensation system for its alleged role in her husband’s death. Xerox Corp. 1985) 40 Cal.3d 3d 306 (see also Jimenez v.

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Employment Workers’ Compensation Compensation System Food 40

The Workcomp Writer

APRIL 3, 2023

22-ICA-138 , 2023 W. On August 29, 2022, the Board reversed the claim administrator, finding Foster’s workers’ compensation claim compensable for COVID-19. Judge Great noted that there had only been three reported decisions addressing the compensability of COVID-19, and that the holdings were mixed: Fowler v.

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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

MARCH 27, 2023

Weese , 2023 W. The injured worker had alleged the co-employees had a financial motive in minimizing his medical care—they would receive additional pay if certain safety goals were maintained. The Supreme Court said accordingly, workers’ compensation immunity barred Plaintiff’s claim for negligent hiring, retention, and supervision.

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Empuls

JUNE 21, 2024

Moreover, 56% of the workers participated in the plans. The research also revealed that up to 77% of workers with access to employer-sponsored benefits, chose to participate in the program, increasing the take-up rate. 73 percent of civilian workers had access to retirement benefits in 2023.   How did they fare?

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Workers' Compensation

SEPTEMBER 23, 2023

CIVIL LITIGATION Civil litigation discovery from emerging occupational disease claims has historically provided ancillary litigation support in proving non-fault workers’ compensation claims. May 23, 2023. Timely notice and the workers’ compensation claim filing must be satisfied under statutory requirements.

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Workers' Compensation Perspectives

MARCH 10, 2025

Her statement resonated with my own experience attending workers compensation conferences in each of the past five decades. Many of the issues facing workers compensation systems are perennial; the relative priority and details change with the times, but the themes are enduring. 1952) Workmens compensation law.

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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? NY Times 11/27/2024 White House Launches Office of Pandemic Preparedness and Response Policy The White House 7/21/2023 Recommended Citation : Gelman, Jon L.,

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