Vol. 5, Issue 35

Find Solutions & Strategies September 2, 2014

New Study Points to Significant Underreporting of Injuries to Bureau of Labor Statistics

In This Issue

-UNDERREPORTING OF INJURIES TO BLS

-LARSON'S SPOTLIGHT: Recreational Activity, Take-Home Asbestos, Temporary Workers, Walk-In Bathtub, Average Weekly Wage

-NATIONAL & STATE NEWS

-eNEWSLETTER ARCHIVES

A Note From the Editor

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Robin E. Kobayashi, JD

LexisNexis Legal & Professional Operations

robin.e.kobayashi@lexisnexis.com

Get firsthand insights from respected attorneys including Brad Bleakney, Lex K. Larson, Richard Lenkov, Jennifer C. Jordan, Thomas A. Robinson and many more at the National Workers' Compensation & Disability Conference^Ž.

Plus, you'll earn CLEs just by attending. Best of all, you get a special discount: $325.00 off the standard rate. You attend NWCDC for only $995 by registering with Promo Code LNL by Nov. 3.

new study points to significant underreporting of injuries to bureau of labor statistics

90 percent of employers do not comply with OSHA recordkeeping regulations, resulting in underreporting by 38 percent of the surveyed employers

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

According to a recently published study, as many as 90 percent of the employers participating in the annual US Bureau of Labor Statistics (BLS) Survey of Occupational Injuries and Illnesses (SOII) do not comply with OSHA recordkeeping regulations, resulting in underreporting of work-related injuries and illnesses by 38 percent of the surveyed employers [see Wuellner, Sara E., MPH and Bonauto, David K., M.D., MPH, "Exploring the Relationship Between Employer Recordkeeping and Underreporting in the BLS Survey of Occupational Injuries and Illnesses," American Journal of Industrial Medicine]. The study confirms the concerns in the SOII's accuracy that...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.

South Carolina: Team Leader's Leg Injury Playing Kickball Found Compensable. In an interesting twist regarding the compensability of recreational injuries...read more.

Federal: Complaint Alleging Damages From Take-Home Exposure to Asbestos Barred by Exclusive Remedy. A federal court dismissed a complaint arising out of plaintiff's exposure to asbestos and...read more.

Indiana: Temporary Worker's Tort Suit Against Employer to Whom He/She Is Assigned Held Barred. The Court of Appeals held that for purposes of the Workers' Comp Act a "leased" or temporary employee...read more.

Alabama: Employer Need Not Provide Walk-In Bathtub. A walk-in bathtub was not "other apparatus" reasonably necessary for treating an employee's injury in spite of...read more.

Nebraska: Per Diem for Out-of-State Travel Not Part of Average Weekly Wage. Excluded from a construction worker's average weekly wage was a per diem paid...read more.

national & state news

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

NASI: Job, Earnings Growth Bumps Up Workers Comp Benefits and Costs.

Ninth Circuit Rules FedEx Misclassified Workers as Independent Contractors.

AIG CEO Seeks to "Manage Down Cost of Risk".

AL: Court Issues Two Important Decisions re Future Medical Care and Treatment.

CA: AB 1897 Temporary Worker Bill Heads to Governor's Desk.

CA: DWC Final Medical Provider Network Services Regs Now in Effect.

CA: Insurance Commissioner Issues Decision on 2015 Filing.

CA: WCIRB Releases First Quarter 2014 Experience.

CA: WCIRB Actuarial and Governing Committee Agendas Released.

CA: WCIRB Hearing Date Set for 1-1-2015 Pure Premium Rate Filing.

CA: DIR Signs Alliance to Assist Educating Mexican Workers on Labor Rights.

CA: New Study Shows 1 in 6 Constructions Workers in Calif. Misclassified.

CT: UConn Releases 2014 Study on Occupational Diseases in State.

DE: Workers Comp Oversight Panel Starts Work on Medical Fee Schedule.

FL: NCCI Recommends 2.5% Decrease in Workers' Comp Rate.

FL: State Files Appeal of Judge's Ruling on Unconstitutionality of Exclusive Remedy.

IL: AG Investigates Immigrant Worker Abuse at Chinese Buffet Restaurants.

IL: NCCI Explains 6.2 Percent Decrease in Voluntary Loss Cost and Rate Filing.

IA: NCCI Explains 3.7 Percent Decrease in Voluntary Rate Filing.

KY: Claimant Attorney's Fees Cap Applies Despite Multiple Proceedings to Recover Benefits.

KY: Dept. of Insurance Approves Annual Rate Filing.

MA: Four Family Members Plead Guilty in $25M Temp Agency Scam.

NV: DIR Posts Amended Medical Fee Schedule With Telemedicine Reimbursement.

NY: Truckers Blast WCB Attempt to Get 75% of Self-Insured Trust Assessment.

OK: Widow of Firefighter Who Died in Training Receives $503K Award.

OR: Governor to Nominate 3 New Members to SAIF Board.

OR: WCD Updates 2013 Workers Comp Claims Costs Tables.

RI: DLT Announces Rate Reduction for Insurers Providing Workers Comp Coverage.

SD: Workers Comp Advisory Council to Discuss Prompt Payment Laws Sept. 10.

WV: NCCI Explains 7.3 Percent Decrease in Loss Cost Filing.

ENEWSLETTER ARCHIVES

Take 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.

August 25, 2014: The Drug Evolution and the Workplace.

August 18, 2014: Judge Rebukes Florida Workers' Compensation System.

August 11, 2014: One-Two Punch of Benzodiazepines and Opioids on WC Claim Costs.

August 4, 2014: Waiting to Exhale: Employee Firing for Off-Duty Medical Marijuana Use.

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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