Workers' Compensation

JULY 10, 2024

An active hurricane season can significantly impact the workers' compensation system in terms of claims and losses. Construction and utility workers face higher risks during the rebuilding phases. The probability of major hurricane landfalls along the U.S.

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Workers' Compensation Perspectives

JUNE 2, 2024

Last time, we outlined the growth in mental disorder/psychological injury claims in workers' compensation and related workplace insurance programs. For workers’ compensation, growing recognition of the work-relatedness of mental injuries requires changes to legislation and policy allowing for compensation.

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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). However, society has moved on and "workers" today is more more acceptable; our workplaces are more diverse, vibrant, and inclusive.

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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 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.

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Florida Workers' Comp

AUGUST 29, 2024

In that setting, there is a focus on the employer detriment of liability for worker’s compensation benefits, a corresponding gain for employees. Workers' compensation is a trade, a "this for that," a compendium of quid pro quo. In this, employers and workers face a distinct choice.

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Workers' Compensation Perspectives

AUGUST 22, 2019

[For the first part of this discussion, see “Workers’ Compensation Insurance Arrangements: Does the model make a difference? Part 1” at [link] or [link] ] In my previous post, I described the range of public policy insurance arrangements governments use in the workers’ compensation insurance market.

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Florida Workers' Comp

SEPTEMBER 22, 2022

From where I sit, a great many lawyers do not try many cases in the workers' compensation system. Arguments will be constructed. There are certain misdeed(s), arguable motivation, strained statutory construction, and mischief. I was not part of the parade Monday. I sat on the curb and watched them launch.

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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

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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The Workcomp Writer

SEPTEMBER 19, 2022

The court reviewed the state’s so-called Seagroves test, which holds that, under appropriate circumstances, an employee’s termination for misconduct may constitute a constructive refusal of suitable employment on the part of the former employee, such that he or she is also disqualified from receiving temporary total disability benefits.

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The Workcomp Writer

MARCH 27, 2023

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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The Workcomp Writer

FEBRUARY 6, 2025

2d 315 (1955), represents a landmark in the development of workers compensation law, particularly regarding the compensability of psychological injuries. The Incident and Its Aftermath Emery Eugene Bailey, an experienced iron worker, was working on a movable scaffold suspended eight stories above ground. 430, 279 S.W.2d

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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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