Vol. 5, Issue 43

Find Solutions & Strategies                   October 27, 2014

Employers/Insurers Who Treat Ebola as Occupational Disease Do So at Their Peril
In This Issue
- EBOLA AND WORKERS
- LARSON'S SPOTLIGHT: Special Mission, Medical Services and Cure, Dual Purpose, Voluntary Abandonment of Job
- CLEAN CLAIMS, DISPLACED WORKER, CAUSATION
- 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

 

2014 EDITION NOW AVAILABLE

 

50 State WC Legislation

Larson's Spotlight on Cases
Expert Analysis & Commentary
  
Purchase now at special discount rate of $79.50 + tax + shipping
  
employers/insurers who treat ebola as occupational disease do so at their peril

Workers in any profession can show a work connection to ebola and need not prove that ebola is a risk peculiar to their job

 

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

 

Employers and insurance carriers who treat ebola as an occupational disease and who think that they are "immune" from comp claims because the risk of contracting the deadly virus is not "peculiar" to their industry, do so at their peril. While the risks of ebola do appear to be greater among health care workers, its suddenness of onset, even in the face of significant precautions, suggests that ordinary workers' compensation rules related to injuries by accident arising out of and in the course of the employment will apply and not those related to occupational diseases. Where there is a clear causal connection...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. 

 

Pennsylvania: Safety Meeting Held Before Shift Does Not Create Special Mission. A Pennsylvania appellate court affirmed a decision denying a claim of an employee who sustained injuries in an auto accident as he traveled to a safety meeting held before the beginning of one...read more.

 

Oregon: Medical Services Need Not Be Directed Towards a Cure. A flight attendant suffered a compensable injury arising from an accident aboard one of the employer's aircraft-she claimed she had been subjected to abnormal cabin pressurization and that the resulting symptoms required medical...read more.

 

Ohio: Dual Purpose (Marks v. Gray) Rule Again Rejected. A divided Supreme Court of Ohio has again refused to follow the so-called "dual purpose" rule established in an early New York decision...read more.

 

Alaska: TTD Benefits Denied Where Claimant Voluntarily Left Workforce. The Supreme Court of Alaska affirmed in relevant part a decision denying TTD benefits to a claimant on the basis that the claimant voluntarily quit his position and left the workforce for reasons unrelated to his original injury...read more.

lexisnexis legal newsroom blogs
CassandraThank Heaven for Little Girls...and "Clean Claims" in Delaware, by Cassandra Roberts, Esq. Read it.
  
  
  
  
  
CassandraDelaware's Displaced Worker and the Terrible, Horrible, No Good, Very Bad Day, by Cassandra Roberts, Esq. Read it.  
  
  
  
  
  
CassandraChristina's World...and the Ever-Generous Delaware Causation Threshold, by Cassandra Roberts, Esq. Read it.
national & state news

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

 

CDC Updates Guidelines for Treatment of Ebola by Health Care Providers.

Insurers Begin to Exclude Coverage of Ebola Claims for Certain Companies.

Oil and Gas Industry: Highest Number of Deaths Due to Explosions, Fires.

Long Term Impact of Ebola on P&C Industry Explored.

AK: NCCI Explains 0.8 Percent Decrease in Loss Cost Filing.

AZ: IC Announces Latest Self-Insured Assessment at 2.25 Percent.

CA: Drobot, Former Owner of Pacific Hospital, Files $50M Defamation Suit.

CA: WC Insurer Prevails in Dispute Re Settlement Proceeds; Anti-SLAPP Motion Denied.

CA: WCRI Estimates Effect of SB 863 Fee Schedule Changes.

CA: DWC Issues Revised Copy Service Fee Schedule Proposed Rule Changes.

CA: DIR Proposes Changes to Return to Work Supplement Program Rules.

CO: Average Workers Comp Loss Costs, No Change for 2015.

FL: OJCC Reports Filing Volumes Increases for 2013-2014.

FL: CFO Jeff Atwater Expected to Win Reelection.

LA: Appeals Court Rejects Workers Comp Claim of Former Pro Athlete.

ME: MEMIC Expands Services Into Maryland, Virginia.

MI: WCA to Hold Hearing Nov. 7 re Health Care Fee Schedule Changes.

NJ: Senate Passes Workers Comp First Responder Bill S264.

NY: WCB Posts Changes to Authorized Health Care Providers List.

NY: WCB Posts List of Newly Authorized Health Care Providers.

NC: IC Obtains Approval for 10 Rule Changes.

NC: IC Says WC, VR Rules Held in Abeyance Go Into Effect Nov. 1.

OH: BWC Announces 9.1 Percent Rate Reduction for Ohio Public Employers.

OR: WCD Publishes Final Rule on Interim Medical Benefits.

OR: WCD Posts 2014 Quarterly Compensable Fatality Report.

OR: WCD Posts 2015 Premium Assessment Rate.

PA: HB 1846 Repackaged Drugs Cap, Physician Dispensing Sent to Governor.

TX: SORM Posts Prevention Measures for Ebola, Pandemic Flu.

TX: DWC Posts Adjusted Gross Annual Payroll Requirements for Season Worker Coverage.

TX: DWC Announces Recent Enforcement Actions.

TX: DWC Seeks Input on Development of Peer Review Plan-Based Audit.

TX: TDI Refused to Release Records With Racial Data.

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. 20, 2014: Patient Barriers to Effective Treatment and Recovery

Oct. 13, 2014: Temporary Workers and Their Unique Risks

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.

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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