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Vol. 5, Issue 22

Find Solutions & Strategies                                         June 2, 2014

The Aging Workforce
   
Managing workers' comp costs for the silver bunch
In This Issue
-AGING WORKFORCE
-LARSON'S SPOTLIGHT: Deviation From Employment, Sufficient Connection to Employment, Cocaine Use, Firefighter Presumption
-RAIL CAR ACCIDENT; NEGLIGENCE LAWSUIT AGAINST CO-WORKER
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
Aging Workforce    

Thanks to Karen C. Yotis, Esq. for her fantastic article on the aging workforce which includes practical advice from Marsh, Rebecca Shafer, JD, and Dr. Leslie Hutchinson.

  
Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
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the aging workforce: how to manage workers' comp costs for the silver bunch

Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

Here's the story

of an aging workforce

that can't afford to leave their jobs at all.

Most have hair of grey;

Some have sickness,

Many slip and fall.

  

In their May 2014 briefing titled Managing Workers' Compensation Exposures as the Workforce Ages, the Risk Management Research group at Marsh & McLennan tells a sobering tale of "older" workers (most often the 45-65 demographic, although some consider the aging process to begin at 35 or earlier) who have been driven by the Great Recession to either remain working beyond the formerly typical retirement age of 65, or who have gone back to work after retiring. These aging workers--the median age of the civilian workforce in 1992 was 37.1 whereas people older than 55 will soon represent more than one quarter of all U.S. workers--must remain employed to maintain a livelihood; they aren't just keeping their jobs for a little part time something to do between Florida vacations...read more.

LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is a leading commentator and expert on the law of workers' compensation.

 

Tom Robinson thumbnailPennsylvania: Gun-Wielding Store Manager's Death While Attempting to Stop Robber Found Compensable. A convenience store manager did not abandon his employment and was furthering the business affairs of his employer when he was severely injured-the injuries eventually resulting in his death--while attempting to stop a thief from leaving the employer's premises after an attempted robbery of the store...read more.

  

Wisconsin: Attorney's "Rainmaking and Networking" In Connection With Harley-Davidson Rally Was Not Sufficiently Connected to Employment to Support Claim. An attorney was not performing services growing out of and incidental to his employment at the time he was involved in a motorcycle accident that rendered him a quadriplegic...read more.

 

Mississippi: Cocaine Use Three Days Prior to Fall Dooms Trucker's Claim. A truck driver's intoxication proximately caused his injuries when he fell while exiting his truck and, thereby, disqualified him from receiving benefits...read it.

 

Virginia: Firefighter's Presumption Requires Entitlement to "Some Form of Economic Indemnity". In an opinion not designated for publication, an appellate court affirmed that a retired firefighter-medic was not entitled to utilize the state's "firefighter's presumption" in connection with his claim for medical benefits related to his heart condition...read it.

lexisnexis legal newsroom blogs
Martin KlugMissouri: Benefits Denied for a Train Inspector Who Fell From a Rail Car, by Martin Klug, Esq. Read it.
  
    
  
  
 
Martin KlugMissouri: Negligence Lawsuit Allowed Against Co-Worker on 'Something Less', by Martin Klug, Esq. Read it.
national & state news

National & State-by-State News on the Free Web:   

 

Employers Seek Integration of Workers' Comp, Health, Disability Insurance Benefits Products.

Westaff Franchises Bring Lawsuit Against Parent Company Over Workers' Comp Fees.

DOL to Draft New Rule for Medical Disclosure in Black Lung Cases.

AR: Court Denies Benefits to In-Home Caregiver Injured En Route to Client's Residence.

CA: SCIF Names Vernon Steiner New President & CEO.

CA: DWC to Hold Public Hearing July 14 re Proposed WCIS/EDI Rules.

CA: Assembly Passes AB 2616 MRSA Presumption for Hospital Employees.

CA: Lowe's Agrees to Settle Worker Misclassification Class Action Lawsuit for $6.5M.

CA: Insurance Dept. Intensifies Battle Against WC Fraud in So. Cal.

CA: Taylor Farms Heads Up Fight Against AB 1897 Temp Worker Bill.

CO: Governor Signs HB 1283 Prescription Drug Monitoring Program Modifications.

HI: FirstComp Expands to Hawaii Market.

IL: Trial Lawyer Says SB 3287 Should Allow Injured Workers to Sue Safety Service Providers.

IL: Insurance Advocate Says SB 3287 Would Help Trial Lawyers, Kill Economy.

LA: Governor Signs HB 505 Employer Liability for Negligent Hiring.

LA: Governor Signs SB 198 Proof of WC Coverage, Penalties, Injunction.

LA: Lawmakers Sideline Controversial Bill to Determine WC Benefits for Pro Athletes.

LA: Hospital Alleges Employee Partially Responsible for Trip and Fall at Non Profit Event.

MI: House Approves HB 5478-5490 to Ensure WC Benefits for Delphi Employees.

MN: Governor Signs SF 2470 Medical Marijuana Bill.

MT: WCC Proposes to Clarify, Clean Up Rules (p. 24 of PDF).

NE: Family of Corrections Officer Killed by Inmate Sues for Wrongful Death.

NH: Companies, Contractors Complain About Lack of Clear Definition on Contractors.

NY: SWCB Publishes Newly Authorized Health Care Provider List.

NY: SWCB Publishes Changes to Health Care Provider List.

OH: High Court Refuses to Hear BWC Whistleblower Case.

OR: WCD Updates Maximum/Minimum Benefit Rates.

OR: WCD Publishes Latest Attorney Fee Matrix.

OR: WCD Updates Cost of Living Matrix, Vocational Assistance Fee Schedule.

PA: Court Orders Burial Benefits for Gun-Wielding Gas Attendant Who Chased Thief.

TX: Texas Mutual Announces $200M Dividend for its Policyholders.

TX: SORM Executive Director Jonathan Bow to Retire in June.

TX: DWC Proposes to Raise Cap on Attorney's Fees.

ENEWSLETTER ARCHIVES

ArchivesTake a deep dive into our past eNewsletters for 2014 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

May 27, 2014: Prescription Drug Monitoring Programs: Effective or Not?

May 19, 2014: Sitting 9 to 5 in the Workplace: Could We Change That Sedentary Way of Living?

May 12, 2014: Employer-Provided Flu Shots; Benefits Review Board Update

May 5, 2014: Affordable Care Act: A New Body of Law With Lots of Moving Parts

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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