Vol. 5, Issue 46

Find Solutions & Strategies                   November 17, 2014

2014 Workers' Comp Emerging Issues
 
50 state legislative survey, expert analysis & more 
In This Issue
- 2014 EMERGING ISSUES
- WC INSURANCE PROFITS
- LARSON'S SPOTLIGHT: Retaliatory Discharge, Employer-Provided Van, Average Weekly Wage, Dog Bite
- UNDOCUMENTED WORKER
- NATIONAL & STATE NEWS
- eNEWSLETTER ARCHIVES
Attn: Risk Managers, Insurance & HR Professionals, Attorneys

 

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  A Note From the Editor
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Robin E. Kobayashi, JD
LexisNexis Legal & Professional Operations
2014 workers' compensation emerging issues

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

 

As with last year's inaugural edition, the 2014 Larson Series Workers' Compensation Emerging Issues Analysis ("WCEIA") is a veritable cornucopia of expert analysis, provocative commentary, interesting case summaries and legislative updates from all across our nation. Whether you are a risk manager, insurance broker or executive, claims adjuster, HR expert, practicing attorney or an academic, this volume promises to provide you with pertinent insights, practice points, and other relevant takeaways that will enhance your work...Temporary workers and the special issues related to their use within the American economy is a primary theme for this year's edition. Some years ago, the concept of "just-in-time inventory" became the craze as firms began to leverage available technology in order to exert more control over their supply chains. Armed with their discoveries, they began to alter procurement and manufacturing processes to minimize the amount of raw materials and spare parts on hand at any given time. In more recent years, many more firms have begun to...read more.
the profitability of the workers' compensation insurance industry

John Burton's Workers' Compensation Resources Research Report analyzes the latest A.M. Best report

 

As explained in the November 2014 issue of Workers' Compensation Resources Research Report (WCRRR), the operating ratio is the "most comprehensive measure of underwriting results because it considers investment income." In order for the workers' compensation insurance industry to be profitable, the operating ratio must be less than 100. The operating ratio has decreased from 93.7 in 2012 to 82.9 in 2013, which means in 2013 "the industry earned $17.10 of profits for every $100 of net premiums." For the last 20 years, the workers' compensation insurance industry has been profitable each year except 2001, 2002 and 2011. WCRRR also examines for the first time the profitability of the workers' compensation industry at the state level using data from the National Association of Insurance Commissioners. Order the WCRRR Nov. 2014 issue.
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: Retaliatory Discharge Rules Apply Where No Claim Was Filed, But Where Employer Provided Payment in Lieu of Compensation. A former employee alleging a claim for wrongful discharge in violation of the public policy embodied in Pennsylvania's Workers' Compensation Act need not show that a claim petition was actually filed with the Workers' Compensation Bureau...read more.

 

New York: Injuries Sustained Riding Home in Employer's Van Are Compensable. Acknowledging that ordinarily travel to and from the place of employment is not considered to be within the scope of the employment, such that injuries sustained during that period are not...read more.

 

North Carolina: Average Weekly Wage Computation Must Be Just to Both Parties. Construing a statutory provision that describes how an injured employee's average weekly wage should be computed, a North Carolina appellate has affirmed a determination by the...read more.

 

Pennsylvania: Part-Time Cook Awarded Benefits After Co-Worker's Dog Bit Him in the Face. A part-time line cook who, while he was taking a smoke break with several co-workers, sustained facial lacerations and permanent scarring when he was bitten in the face by a co-worker's dog...read more.

lexisnexis legal newsroom blogs
CassandraDelaware Supreme Court Rules That Illegals May Collect Partial Disability, by Cassandra Roberts, Esq. Read it.
national & state news

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

 

NCCI Posts Comprehensive WC Financial Results for 2013, Estimates for 2014.

A.M. Best Reports Recent Improvement in U.S. Workers Comp Industry Results.

Workers Comp Benchmarking Study Released Nov. 2014.

Survey: 37% of Americans Believe Workers Comp Claimants Don't Want to Work.

Marijuana Business Convention in Vegas Draws 3,000 Attendees.

CA: Insurance Commissioner Recommends Lower Advisory Pure Premium Rate.

CA: WCIRB Releases Updated SB 863 Cost Monitoring Report.

CA: DWC Issues Revisions to WCIS Rules for Additional 15 Day Comment Period.

CA: Maximus Reports Fourth Quarter 2014 Revenue Growth of 13 Percent.

CA: L.A. City Attorney Sues Several Govt. Contractors for Alleged Worker Misclassification.

CA: Wage Theft Rampant in So. Cal. Garment Industry.

CT: WCRI: Physician-Dispensed Drug Prices Still 30-60% Higher Than Pharmacy Prices.

FL: WCRI: Medical Payments Per Claim Grew at Moderate Rate.

FL: FLOIR Approves 5.2% Decrease in WC Rates.

FL: OJCC Reports Decrease in Defense Attorney Fees.

KS: KDOL Reports Decrease in Workplace Deaths in 2012.

KY: Governor Reappoints Stivers to Workers' Compensation Board.

MT: State Fund Board Approves Record Dividend of $20M.

MT: Lawmakers to Address Voc Rehab Benefits, WCC Vacancies, Loss-Run Insurance Data.

NH: US DOL Signs Agreement With NH to Reduce Employee Misclassification.

NM: NCCI Explains 4% Increase in Loss Cost Filing.

NY: WCB Announces eLearning Training for Non-Acute Pain Medical Treatment Guidelines.

OR: Judge Dismisses Terminated SAIF Executive's Lawsuit Against Predecessor.

SC: WCC Adopts Administrative Policy for Use of Court Reporters.

SC: WCC Posts Agenda for Nov. 17 Meeting.

TX: Investigation Finds "Loophole" Prevents Injured Workers From Receiving Medicare.

TX: Physical Rehab Clinic Under Investigation for Possible Fraud in Treating Postal Workers.

TX: TDI Proposes Rule Changes for Examining Expenses, Assessments.

WA: L&I Posts Treatment Guidelines - Cervical Radiculopathy, Myelopathy Eff. 12-1-2014.

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 [email protected].

Nov. 10, 2014: Workers' Comp System Slammed for Poor Quality Healthcare, Failure to Innovate.

Nov. 3, 2014: Late-Term Compensation Care for Injured Workers.

Oct. 27, 2014: Employers/Insurers Who Treat Ebola as Occupational Disease Do So at Their Peril

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

ACCESS 2010-2014 ARCHIVES AND ARTICLES LIST HERE.

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