Vol. 6, Issue 9

Find Solutions & Strategies March 2, 2015

Layoff Survivors of the Great Recession

Getting by with a little help from our meds

In This Issue

- LAYOFF SURVIVORS

- OKLAHOMA OPT OUT

- LARSON'S SPOTLIGHT: Traveling Employee, Grave Injury, Deposition, Exclusive Remedy

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

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surviving the great recession: getting by with a little help from our meds

By Karen C. Yotis, Esq. and Robin E. Kobayashi, J.D.

It's a no brainer that when the economy takes a deep dive, our collective psychological well-being also ends up under water. Just reading about mass layoffs, homeless families, and bankruptcies--much less taking a drive past the dead storefronts in ghost towns across America and witnessing the devastation block after empty block--serve as a constant reminder of the precarious state of our country's economy. Quite a vast literature exists to document the bright line relationship between unemployment and a host of mental health disorders. These prior studies, which have generally focused on the psychological well-being of the unemployed, have been supplemented by several other studies which report that the survivors of layoffs are generally better off from a mental health perspective than their jobless counter-parts...read more.

injured workers file challenge to constitutionality of oklahoma opt out law

By Thomas A. Robinson, J.D., workcompwriter.com

Two Oklahoma workers who were denied benefits under Injury Benefit Plans set up by their respective employers after the effective date of the Oklahoma Employee Benefit Act, Okla. Stat. tit. 85A �� 200-213 (the "OK Opt Out Law"), have filed a petition with the Supreme Court of Oklahoma to have the entire law declared unconstitutional [see Pilkington v. State of Oklahoma, ex rel. Doak, File No. PR-113662, filed Feb. 13, 2015)]. The workers contend in relevant part that the OK Opt Out Law fails to afford them due process and that the law improperly provides differential treatment for various claimants without providing a reasonable or rational relationship to a permissible public policy or goal...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.

Illinois: Long-Haul Driver's Injuries Putting Suitcase into Personal Vehicle at Home Not Compensable. A truck driver, who worked as a car hauler for a company that delivered new automobiles to various car dealerships is considered to be a "traveling employee"...read more.

New York: Significant Injury to Hand Does Not Constitute, However, "Grave Injury" Under � 11. A defendant sued in tort by an injured worker may seek contribution and/or indemnification from the employer if...read more.

Florida: Judge's Exclusion of Health Care Nurse's Deposition Was Erroneous. A decision by a judge of compensation claims to exclude the deposition of a home health care nurse, based on the fact that...read more.

Arkansas: High Court Pushes Exclusive Remedy Issue Back to Commission. Labeling an estate's constitutional challenge to the state's exclusive remedy defense as forum shopping, the Supreme Court entered an order...read more.

national & state news

WCRI Study Updates on Rising Hospital Costs in Workers Compensation.

OR WCD Releases Full Report on 2014 WC Premium Rate Ranking.

Study on Opioid Tolerance Could Help Pain Patients Stay on Lower Dosages.

Study: Risk of Unintentional Overdose Twice as High for Long Acting Opioid Users.

Expert Explains Differences Between State and Federal Workers Compensation.

NASI Questions Cost, Quality Advantages of Nonprofit Integrated Health Systems.

ADA, Return to Work Best Practices: Free Webinar March 24.

Safety National, Sedgwick Announce Free Webinar Series on Workers Comp.

AK: Legalization of Marijuana Goes Into Effect Last Week.

AZ: Court Clamps Down on Injured Worker Medical Travel Expenses.

CA: DWC Announces Reduction in IMR/IBR Fees Eff. 1/1/2015.

CA: DWC Invites Public Discussion of Home Health Care Fee Schedule.

CA: Law Firm Claims Opposing Counsel in WC Dispute Hacked Network.

CA: State Fund Board of Directors Declares $37M Policyholder Dividend.

CA: Bill Would Set $12K Annual Salary for WCAB Commissioners.

CO: Governor Launches Campaign Against Opioid Abuse.

CO: Medical Marijuana Bill Would Restrict Caregivers Ability to Treat Patients.

CT: WCC Updates Medical Treatment Protocols for Hand, Wrist, Elbow Injuries.

DE: SB 3 Would Legalize Medical Marijuana.

DC: Legalization of Marijuana Goes Into Effect Last Week.

FL: Bill Would Allow Uber, Lyft to Legally Commence Ride-Sharing Operations.

FL: Palm Beach County Sues Safety National for Over $440K in Reimbursements.

GA: House Votes Overwhelmingly to Decriminalize Medical Marijuana.

IL: Governor Appoints Joann Fratianni-Atsaves as Chairman of IWCC.

IL: HB 856 Would Add "Primary Causation" to WC Law to Deter Fraud.

IL: SB 753 Seeks to Legalize Recreational Marijuana.

KY: House Committee Questions HB 156 Firefighter Cancer Presumption.

KY: House Committee OKs Bill to Exempt Some Pastors From Paying WC Insurance.

MA: Two New Members Appointed to Workers Compensation Advisory Council.

MO: House Committee Holds Hearing on Medical Marijuana Bill.

MT: Governor Signs SB 4 Temporary Appointment in Vacancy of Workers Comp Judge.

MT: HB 306 Would Help Protect Women in the Workplace From Violence.

MT: HB 413 Would Transfer Federal OSHA Responsibilities to the State.

NE: Lawmakers Consider Bill Regarding Willful Negligence by Employers.

NH: Lawmakers Review Proposals for WC Medical Fee Schedule Bill.

NJ: Chief Judge Announces Upgrades to Automated Settlement Calculation Program.

NY: WCB Breach of Contract/Indemnification Claims Re Self-Insured Trusts Reinstated.

NC: IC Says New Medical Fee Schedule to Save $27M in Annual WC Costs.

NC: Brunswick School Official Reports 27% of Comp Claims Due to Violence.

NC: IC Announces Chairman's New Law Clerk.

OH: BWC Approves 10.8 Percent Rate Cut for Private Employers.

OK: Injured Workers' Petition Lays Out Constitutional Challenges to Opt Outs.

OR: WCD Releases Full Report on 2014 WC Premium Rate Ranking.

OR: WCD Provides Guidance on Claims Closing, Impairment-Focused Exams.

PA: Court to Reconsider Denial of Benefits for Worker Injured in Robbery.

PA: PA Bar Assoc. Marks Centennial of PA Workers' Compensation Act.

PA: SB 3 Would Legalize Medical Marijuana.

RI: Attorney Suspended for Delaying Workers Comp Proceeding, Among Other Things.

TN: SB 174 Would Make Public Information on Businesses WC Ins. Coverage.

TX: High Court Shields Insurers From Lawsuits by Injured Workers.

UT: Lawmakers Unveil Medical Marijuana Bill.

WV: SB 546 Would Legalize Medical Marijuana.

WI: Insurer Must Pay Maximum Wages in Death of Undocumented Teen Worker.

WY: Senate Gives Initial Approval to Bill to Protect Special Ed Teachers.

WY: Senate Approves Bill to Allow Hemp Extraction Under Medical Supervision.

ENEWSLETTER ARCHIVES

Take a deep dive into our past eNewsletters for 2015 and prior...warning - some links to articles may not work...report any linking problems to Robin.E.Kobayashi@lexisnexis.com.

Feb. 23, 2015: Insurer-Supported Engineering Controls and Reduction of Claims and Costs.

Feb. 17, 2015: Workers' Compensation and Its Secondary Payers: Medicare and Medicaid.

Feb. 9, 2015: Geographic Variation in Use of Treatment Guidelines for Occupational Injuries.

Feb. 2, 2015: Occupational Injury Patterns of U.S. Workers With Physical or Mental Disabilities.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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