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Vol. 5, Issue 23

Find Solutions & Strategies                                         June 9, 2014

BackPost-Hire Fitness Evaluations
   
Reducing the financial pain of lower back pain
In This Issue
-POST-HIRE FITNESS EVALUATION; BACK PAIN
-UNDOCUMENTED WORKER
-LARSON'S SPOTLIGHT: Spanish-speaking Psychologist, Going and Coming, Statutory Employer, Safety Violation
-NATIONAL & STATE NEWS
-eNEWSLETTER ARCHIVES
A Note From the Editor
  

Me and Bixby McGee. La la la la.

 

Dear Work Comp Community:

 

In this week's issue we highlight post-hire fitness evaluations to help reduce workers' comp costs and a scorcher of a case on undocumented workers.

 

Join our community today. Sign up here for our free eNewsletter.

 

Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
post-hire fitness evaluation

Reducing the financial pain of lower back pain

 

By Teresa McLoughlin Rice, Esq.

 

With workers' compensation costs on a relentless march upwards, studies suggesting that growth in some areas could possibly be tempered are sure to spark some interest and help validate what we intuitively deduce as cost savings. A recent example is Outcomes of the Introduction of a Standardized Fitness-for-Duty Evaluation of Commercial Truck Drivers on the Incidence of Low Back Injuries and Workers' Compensation Costs, published in the April 2014 edition of the Journal of Occupational and Environmental Medicine. The study, which concludes that costs associated with lower back injuries in commercial truck drivers could be reduced if companies implement an additional post-hire fitness-for-duty evaluation prior to an employee's job assignment, continues to validate the use of Functional Capacity Evaluations for high at-risk employees...read more.

the salas dilemna
Full frontal assault on workers' rights vs. equitable defenses to illegal conduct
 
Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.

 

While elite hotshot crews were fighting California wildfires, battle lines were being drawn over molten issues between workers and employers as they wait for the California Supreme Court to determine whether the state's long-standing policy against discrimination in all its invidious forms will cause the equally important public interest in not rewarding illegal conduct to go up in smoke. The force driving this do-or-die confrontation is Salas vs. Sierra Chemical Co., 76 Cal. Comp. Cases 768, 129 Cal.Rptr.3d 263, a case that has for the moment left Senate Bill No. 1818, the Fair Employment Housing Act, (Gov. Code, § 12900 et seq) and even the foundational precepts underlying the summary judgment standard burning like scorched earth in a summertime drought...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 thumbnailFlorida: Court Affirms JCC's Refusal to Refer Injured Employee to Spanish-Speaking Psychologist. A divided Florida appellate court affirmed a JCC's rejection of an injured employee's request for referral to a Spanish-speaking psychologist as recommended by the employee's treating physician...read more.

 

North Carolina: Flight Attendant's Injuries on Airport Bus Not Barred By Going and Coming Rule. A court has affirmed an award of  workers' compensation benefits in connection with injuries sustained by an airline flight attendant as she was being transported in a crowded airport employee shuttle bus to an employee parking lot...read more.

 

Louisiana: $13 Million Intentional Tort Verdict and Judgment Overturned as to Statutory Employer. Reversing a judgment rendered in favor of plaintiffs after an eight-day trial in which the jury in relevant part found a general contractor liable to its statutory employee for an "intentional act," a Louisiana appellate court ruled that...read more.

 

Ohio: Employer Owes Penalty for Violation of Safety Requirement Due to Frayed Extension Cord. An Ohio appellate court held that a staff hearing officer erred by failing to find that an employer should be taxed with an award for violation of a specific safety requirement ("VSSR") when it...read more.

national & state news

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

 

Sixth Circuit: Court Upholds Walgreen's Termination of Employee for Using Armed Self-Defense.

John Hopkins Doctor Under Fire for X-Ray Readings in Black Lung Cases.

CMS Releases May 29, 2014 Version of WCMSA Reference Guide.

WEDI Group Blasts CMS Delay of Shift to ICD-10.

US Senate Banking Committee Passes TRIA Reauthorization Extension.

NCCI Posts Report Explaining Drivers for Underwriting Cycle.

Coventry Posts Latest Drug Trend Report, Shows 2013 Decline in Narcotic Use.

AR: NCCI Explains 1.4% Decrease in Loss Cost/Rate Filing Change.

CA: WCIRB Actuarial and Governing Committee to Meet June 11.

CA: Federal Court Rules Exclusivity Barred Chemical Exposure Claims Against Mobil, Exxon.

CA: Kern County High Meth Rate, 50% of Comp Claims Involve Substance Abuse.

CO: GOP Lawmaker Wants to Know Why Pinnacol Seeks to Raise Premium Rates.

CT: WCC Welcomes New Commissioner Thomas J. Mullins.

CT: General Assembly Reappoints Commissioners Salerno, Walker for Another Five Years.

DE: Task Force Member Urges Legislative Action on HB 373 Reforms.

FL: DWC Proposes Substantial Rewrite Rule re Billing, Physician Dispensing.

FL: Supreme Court Posts Video of Oral Argument in Westphal TD Cap Case.

FL: Justices in Westphal Case Question Whether Inadequacy of Statute Makes It Unconstitutional.

FL: Governor Appoints Forte, Dietz as Judges of Compensation Claims.

HI: DLIR Announces Improvements to Automated System for Workers Comp Compliance.

IA: Workers' Comp Commissioner's Defamation Suit Against Governor Advances.

IA: Maximum Weekly Benefits Increase Effective 7-6-2014.

KY: DWC Updates Workers' Comp Physician Fee Schedule.

LA: Court Rules Brain Aneurysm Five Months Post Injury Covered by Comp.

MN: Workers Comp Advisory Council to Reexamine North Dakota Temp Employee Exclusion.

MT: New Supreme Court Justice Jim Shea, a Former Workers Comp Judge, Sworn In.

MT: NCCI Explains 3.6% Decrease in Loss Cost/Rate Filing Change.

NH: LGC Subsidiary Trust Members Question $17.1M Repayments Not Paid in Cash.

NY: Court Rules More 9/11 Volunteers Eligible for Compensation Fund Benefits.

NY: WCB Proposes to Add Non-Acute Pain Medical Treatment Guidelines.

NY: Injured Worker Advocates Lists Support, Opposition to Legislative Bills.

NC: SB 101 Comp Rates for Severely Injured Workers Undergoes Revisions.

OK: WCC Posts New Employee, Employer Responsibilities Notice Form.

OR: WCD Posts New Base Rates for Self-Insured Premium Assessment.

PA: NFL Free Agent Injured in Minicamp Tryout Has No Comp Claim.

PA: BWC Posts Updated Range of Fees Charged by UROs, PROs.

PA: HB 2081 Elimination of Redundant WC Coverage for Maritime Companies Sent to Governor.

SC: NCCI Explains 7.4% Decrease in Loss Cost/Rate Filing Change.

TN: As New Reforms Kick In, Parties Will No Longer Race to the Courthouse.

TN: Dept. of Labor Issues Notice to Crack Down on Worker Misclassification.

WV: Maximum Weekly Compensation Rate Increases 7-1-2014.

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.

June 2, 2014: The Aging Workforce: Managing Workers'  Comp Costs for the Silver Bunch

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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