Vol. 5, Issue 41

Find Solutions & Strategies                   October 13, 2014

Coffee Mug TempTemporary Workers and Their Unique Risks
  
 Shining a light on an evolving shadow industry
In This Issue
- TEMP WORKER RISKS
- FALSE PICTURE OF TEMPS
- LARSON'S SPOTLIGHT: Hernia, Willful Intent to Injure Oneself, Violation of Company Rule, Wages
- PREMIUM RATE RANKINGS
- NATIONAL & STATE NEWS
- eNEWSLETTER ARCHIVES
A Note From the Editor
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Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
Attn: Risk Managers, Insurance & HR Professionals, Attorneys

 

NEW! 2014 EDITION 

 

50 State WC Legislation

Larson's Spotlight on Cases
Expert Analysis & Commentary
  
Books expected to ship Oct. 24
 
Purchase now at special discount rate of $79.50 + tax + shipping
  
Workers' Injury & Law Advocacy Group
2014 Convention

Oct. 27-29, 2014

Bacara Resort & Spa

Santa Barbara, CA

 

Register here

 

Opt Out, Opioid Crisis, ACA,
Immigration & more
  
11+ hours of top notch CLE that is applicable to every state. Programs focused on WC/FECA/Longshore/DBA.
temporary workers and their unique risks 

Shining a risk manager's analytical light on an evolving shadow industry

 

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

 

The temporary workforce is making a permanent impact especially when it comes to the way businesses manage their workers' compensation risk. This new breed for hire has taken the entire global employment market by storm. Let's face facts-companies remain gun shy about hiring back the full-time workforce that was replaced during the recession with automation and outsourcing, skyrocketing healthcare costs continue to remain a dangerous unknown, and office space is....read more.
the false picture of contingent and temporary workers in the american workplace

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

 

According to a report released earlier this year, significant growth in the number of contingent or temporary workers within the American work force during the past several decades is itself a disruptive force that not only negatively impacts workplace safety and health, but also challenges existing structures of data collection, legal responsibility, and future planning for social safety net programs. The extensive report argues 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. 

 

Arizona: Liberal Construction of Comp Statutes Allows Court to Ignore Pain Requirement in Hernia Case. An appellate court affirmed a decision of the Industrial Commission awarding benefits for a hernia that was unaccompanied by pain in spite of a clear statutory requirement that...read more.

 

Mississippi: Driver's Failure to Wear Seatbelt and to Turn on Headlights Did Not Equate to Willful Intent to Injure Himself. In a split decision, an appellate court has affirmed a finding by the Workers' Compensation Commission that an employee's claim was not barred by the going and coming rule since..read more.

 

Ohio: Violation of Attendance Rule Amounts to Abandonment of Employment; No TTD Benefits. The Supreme Court of Ohio, affirming a decision of a lower appellate court, held that a claimant's termination from employment for violating the written attendance policy in her union contract was evidence of voluntary abandonment...read more.

 

Washington: Gasoline Provided for Company Van Not Part of Injured Employee's "Wages". The value of gasoline provided to an employee for the employee's use of a company van is not "fuel," as that term is used in Wash. Rev. Code § 51.08.178, since it is not critical to...read more.

national workers' comp premium rate rankings announced

The Oregon Dept. of Consumer and Business Services (DCBS) has finally released the 2014 Oregon Workers' Compensation Premium Rate Ranking Summary. The study describes, for a comparable mix of industries, the relative cost of workers' compensation rates across the country including D.C. According to the DCBS, for 2014, the national median index rate declined to an all-time low of $1.85 per $100 of payroll, and index rates varied from a low of $0.88 in North Dakota to a high of $3.48 in California. The top 10 states with the highest rates in the nation are: (1) California; (2) Connecticut; (3) New Jersey; (4) New York; (5) Alaska; (6) Oklahoma; (7) Illinois; (8) Vermont; (9) Delaware; (10) Louisiana. Read the complete summary.

national & state news

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

 

Pressure Builds for Feds to Reschedule Marijuana.

Number of Latinos Dying Still High Despite Overall Decrease in Workplace Fatalities.

US S Ct Declines to Review Seaman Status Case (Dize v. Assoc. of MD Pilots).

Regulators List Top 5 Workers' Comp Issues to Watch.

OSHA Launches National Dialogue on Hazardous Chemical Exposures in Workplace. 

CDC Examines Alcohol Involvement in Opioid, Benzodiazepine Drug Abuse.

NSC Reports OTC Pain Meds More Effective Than Prescribed Painkillers.

OSHA Posts Resources, Control/Prevention of EBOLA Virus in Workplace. 

Walmart Ends Health Insurance Benefits for Part-Time Workers.

Walmart's Announcement Continues Downward Trend of Health Insurance for Part-Timers.

AL: US DOL Signs Agreement With AL Labor Dept. to Reduce Employee Misclassification.

CA: Employer Petitions SCOTUS in Controversial Undocumented Worker Case.

CA: WCIRB Testifies Re Pure Premium Rate Filing.

CA: Recap of 2014 Noteworthy Insurance Legislation Signed Into Law. 

CA: CWCI Study Examines Potential Impact of a Drug Formulary in California Workers' Comp.

CA: Cal Chamber Offers Free White Paper 2014 Midyear Employment Law Update.

CO: Workplace Fatality Rate Goes Down in 2013.

FL: Prosecution Deferred for Undocumented Workers in Oakes Farm Raid.

HI: Dow Chemical Sprayed on GMO Fields Causes Illness.

ID: IC Posts Proposed Rules for 2015 Legislative Session.

IN: WCB Posts New Maximum/Minimum Benefit Rates.

MI: HB 5842 Would Revocate a Health Profession License for Specified Fraudulent Acts.

MN: Employers Gear Up for 2015 Legislative Session.

OH: Appellate Court Rules Injured Temporary Worker's Negligence Suit Can Move Forward.

OK: NCCI Explains 7.8 Percent Decrease in Loss Cost Filing.

OR: DCBS Posts 2013 Fatal Occupational Injuries Report.

OR: State's Premium Rate Ranking Continues to Be Among Lowest in Country.

TX: DWC Proposes New Rule for Initiation of Lifetime Income Benefits; Notice of Denial.

TX: DWC Posts Proposed Form Changes for Notice, Denial of Lifetime Income Benefits.

TX: DWC Posts Informal Draft of NCCI Manual Rules re PEOs.

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.

Oct. 6, 2014: 75 Percent of Injured Workers Get Opioids

Sept. 29, 2014: Earnings Losses Persist Much Longer After Work-Related Injury.

Sept. 22, 2014: Arthritis Study Shows O*Net Could Help Predict Chronic Disease.

Sept. 15, 2014: The Resilience of the Self-Employed

Sept. 8, 2014: Obesity in the Workplace.

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

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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