Vol. 5, Issue 37

Find Solutions & Strategies September 15, 2014

The Resilience of the Self-Employed

Higher quality of life, preventative health measures are associated with less absenteeism and presenteeism

In This Issue

-SELF-EMPLOYED

-LARSON'S SPOTLIGHT: Bunkhouse Injury, PTSD, Deviation, Ex Parte Communication

-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

Workers' Injury & Law Advocacy Group

2014 Convention

Oct. 27-29 / Bacara Resort & Spa

Santa Barbara, CA

Opt Out, Opioid Crisis,

Affordable Care Act / Immigration & much more

11+ hours of top notch CLE that is applicable to every state. Programs focused on WC/FECA/Longshore/DBA.

the resilience of the self-employed

Higher quality of life and preventative health measures are associated with less absenteeism and presenteeism

Technological advances, combined with the layoffs of the Great Recession, have altered the landscape of the American workforce. Some displaced workers have opened their own businesses, while others have turned to contract or part-time work. These recent rapid changes have affected millions of workers. It is fair to ask, therefore, whether employment status affects one's overall health and, if so, does this impact one's productivity at work? A study out of Iowa looks at this issue- albeit on a limited scale. Published in the Journal of Occupational and Environmental Medicine, Employment Status Matters: A Survey of Quality-of-Life, Prevention Behaviors, and Absenteeism and Presenteeism, the survey...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.

New Jersey: Golf Course Superintendent's Tort Action for Bunkhouse Injury Barred by Exclusivity. Applying Professor Larson's three-part test for assessing whether a special employee relationship has formed, a court found that a golf course superintendent was the employee of both...read more.

Virginia: UPS Driver Awarded Benefits for PTSD Caused by Encounter With Murdered Customer. A court affirmed an award of benefits to a UPS driver who claimed he had suffered from work-related PTSD...read more.

Ohio: MapQuest Data Helps Prove Extent of Worker's Deviation From Employment. A jury's consideration of MapQuest data that showed that a pharmacy and a restaurant were more than eight miles apart was not error...read more.

Montana: Statute Allowing Ex Parte Communications With Claimant's Doctors Is Unconstitutional. Two Montana statutes that allow a workers' compensation insurance carrier to have ex parte communications with claimant's medical care providers represent an unconstitutional violation...read more.

national & state news

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

Improving WC Market Drives NCCI Recommendations for Rate Cuts in 15 States.

Self-Funded Health Care Plans for Small Business Could See 33% Growth.

Study Examines Association Between Medical Cannabis Laws and Opioid Overdose Mortality.

Study Says Prolonged Sitting at Work and Home Creates Health Issues.

NIOSH Releases Study on Obstructive Airways Diseases and WTC Exposure.

AL: County Commissioners Group to Receive Workers Comp Fund Refund.

CA: Experts Say Rate Hike Won't Necessarily Affect Workers Comp Pricing for Employers.

CA: Ahmed Claims He Helped Shut Down Bill Limiting Reimbursements for Compound Creams.

CA: Attorney Says SB 863 PD Increase Made Workers' Comp the New Unemployment.

CA: DWC Drafts QME Regulations for Online QME Panel Process.

CA: WCIRB Releases Report of Second Quarter 2014 Experience.

IL: Governor Appoints Four New Arbitrators to Illinois Workers Comp Commission.

IL: Labor Dept. Adopts Rules on Contractor Reporting Requirements, Notices.

IA: Governor Appoints Michelle McGovern as Acting Workers Comp Commissioner.

IA: Governor's Deposition in Civil Law Suit by Ex-Commissioner Delayed Post-Election.

MA: DIA Issues New Quarterly Report Forms for Certified Voc Rehab Providers.

NY: Court Rules Exclusivity Barred Temp Worker's Tort Claim for Workplace Fall.

NC: Governor Promises Action on Worker Misclassification by Contractors.

ND: WSI Drafts PTSD Bill for First Responders.

ND: Sedgwick Reports on IME Process at WSI.

OR: DCBS Says Workers Comp Costs to Drop for Second Straight Year.

OR: State Dept of Justice Denies Legal Aid to Former SAIF Corp. CEO.

OR: Judge Approves $11.3M Settlement in Health Care Providers Class Action Against Coventry.

OR: WCD Notifies Insurers/Self Insurers of Increase in Retroactive Program Benefits.

OR: Court Affirms Denial of Claim Due to Claimant's Failure to Cooperate.

SD: DLR Reminder: Independent Contractors Not Required to Carry Workers Comp Insurance.

SD: Legislature May Need to Clarify Whether Subcontractors Must Be Covered by Workers Comp.

TX: DWC Revised Notice of Disputed Issues/Refusal to Pay Benefits Form.

VA: High Court Slams Door on Widow's Suit in Training Recruit Death Case.

WV: Businesses Pay $2189 in Annual WC Costs for Smokers; $176 for Nonsmokers.

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.

Sept. 8, 2014: Obesity in the Workplace.

Sept. 2, 2014: New Study Points to Significant Underreporting of Injuries to BLS.

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.

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