Workers' Compensation Perspectives

MARCH 7, 2020

[The following is a general response to questions from students in workers’ compensation, disability management, and workplace insurance courses. While prevention, control, and treatment questions top the list, workers’ compensation questions are being raised. The law and policy will vary by specific jurisdiction].

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Florida Workers' Comp

OCTOBER 13, 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. Mitchell's only recourse if any, should be through the New Mexico workers' compensation system.

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Florida Workers' Comp

AUGUST 29, 2024

The present lawsuit alleges that a veteran Titanic diver was hired by the exploration company/tourist attraction to assist with navigation. Workers' compensation is a trade, a "this for that," a compendium of quid pro quo. In this, employers and workers face a distinct choice. Of course, there is, and always has been.

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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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Florida Workers' Comp

JULY 4, 2022

The bill is of interest in the workers' compensation community because we have a fair number of opportunities to examine the "employer/employee relationship" in the context of various statutory sections. The application of workers' compensation in Florida is dependent upon that employment relationship. 440.192, s.

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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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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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Insperity

FEBRUARY 12, 2011

Workers’ compensation is designed to provide income replacement and coverage of medical expenses for employees who are injured on the job. employers who contract with an approved private insurance company.Workers’ compensation insurance premiums are based on the accident history of a company.

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Workers' Compensation

SEPTEMBER 11, 2023

The rule will help to ensure that the EPA has the information it needs to track asbestos use and to protect workers and the public from asbestos exposure. Gelman of Wayne, NJ, is the author of NJ Workers’ Compensation Law (Thomson-Reuters) and co-author of the national treatise Modern Workers’ Compensation Law (Thomson-Reuters).

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Florida Workers' Comp

JULY 28, 2022

I have heard from lawyers for years regarding their perceptions of the Florida workers' compensation system, and those who run it. Their many thoughts and the promise of constructive feedback led to the implementation of the annual joint survey implemented by the OJCC and The Florida Bar Workers' Compensation Section.

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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. Preemption Issue The question presented is: “Whether the Controlled Substances Act, 21 U.S.C. Mendota Heights Dental Center, et al., 801 et seq.,

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The Workcomp Writer

JUNE 28, 2022

At the subsequent hearing, the employer presented one witness by deposition, Dr. Jason Brokaw, a board-certified physical medicine, rehabilitation, and pain management doctor, and a certified provider under the Delaware Workers’ Compensation system. Nurse Practitioner.

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Workers' Compensation Perspectives

APRIL 23, 2020

[Supplemental background for students of DMCCJ – Workers’ Compensation and Return to Work and DMCCL- Insurance and Other Benefits – Pacific Coast University for Workplace Health Sciences] Workers’ compensation insurers and legislators are taking the first steps in dealing with the COVID-19 crises.

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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. Occupational Exposure as a Claim Occupational exposure claims were not initially included in the model workers’ compensation of the early 1900s.

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

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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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The Workcomp Writer

APRIL 3, 2023

On August 29, 2022, the Board reversed the claim administrator, finding Foster’s workers’ compensation claim compensable for COVID-19. The Judge added that while some state legislatures had taken a proactive role in addressing COVID-19 in the context of workers’ compensation, others had relied on guidance from the courts.

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Achievers

NOVEMBER 2, 2020

Continuing to the present day, workers have been indoctrinated into the tradition of demonstrating their commitment through the length of time spent at work. The overtime system rewards but one master: working longer. Companies should reward workers for finding ways to accomplish the necessary tasks in less time, not more.

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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. ExxonMobil offers competitive compensation and benefits packages to attract and retain top talent for the long term.

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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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Florida Workers' Comp

JULY 11, 2022

Other state's workers' compensation systems "figured out" how to accept electronic documents as evidence. I recently read an article in which a workers' compensation judge explained a state's decision to eschew video as it presented too many challenges; Florida, on the contrary, switched to video with nary a hitch.

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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. Population projections presented in the 1990s and early 2000s told us what was coming.

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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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Workers' Compensation Perspectives

SEPTEMBER 30, 2019

.); "total amount paid to employees over a period," hence, via records-keeping, "list of employees receiving pay." [ See [link] ] Today, the word “payroll” more often than not refers to the department or system that manage employer costs for a range of employee compensation components. More on that in a future post.

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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

SEPTEMBER 19, 2022

Workers’ compensation “reforms” are typically focused on reducing employer costs. Enacted reforms often result in restrictions that limit rather than enhance benefits to workers. Sadly, even the minimum levels recommended by that report are often missing from current workers’ compensation statutes.

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Workers' Compensation Perspectives

JULY 11, 2019

For more than a century, governments have pursued a social policy objective: to protect workers from work-related injury, disability, illness and death in a compassionate and sustainable way that still allows the economic activity and innovation necessary for societies to operate and thrive. Government interventions alter the market.

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Workers' Compensation Perspectives

MARCH 4, 2021

Work-related injury not only physical and mental pain, but any resulting disability also raises immediate questions Injured workers and family members often turn to their human resource (HR) and disability management (DM) professionals to provide guidance on workers’ compensation issues. California) to seven days (e.g.,

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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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Workers' Compensation Perspectives

MARCH 12, 2019

I’ve received a lot of questions recently on workers’ compensation healthcare spending in Canada, the US and other countries. These questions appear have arisen as several US states and political analysts have proposed consideration of “single payer” healthcare systems for their jurisdictions. See figure at top of this post.]

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Florida Workers' Comp

NOVEMBER 4, 2021

There is both evolution and revolution in the world of workers' compensation: regulatorily, statutorily, adjudicatory, and more. The interrelationship of employment, which is the very fabric of workers' compensation, has changed. He encouraged and inspired conversation about this community, injured workers, and employers.

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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 legacy of the COVID-19 pandemic persists.

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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

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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