Vol. 6, Issue 15

Find Solutions & Strategies                     April 13, 2015

Workers' Comp, Return to Work, and the ADA  
  
Best practices for complying with the ADA 
In This Issue
A Note From the Editor
workers' comp, return to work and the americans with disabilities act

Best practices for complying with the spirt and law of the ADA as amended in 2009

 

Roger Rabb, J.D, Special Correspondent for the LexisNexis Workers' Compensation eNewsletter

 

Employers dealing with injured workers are often preoccupied in the early stages of the injury period with workers' compensation issues, sometimes to the exclusion of other overlapping legal issues. One such issue, compliance with the Americans with Disabilities Act, is often overlooked until the employee's injury stabilizes, which is often the first point at which the issue of whether the employee has a "disability" under the ADA is considered. However, the protections of the ADA may require earlier action on the part of employers and employees both, as "the ADA actually kicks in as soon as...read more.

the "uberization" of jobs: employee or independent contractor?

To not apply the possibly antiquated rules set forth in Borello to the new "share" economy could mean that thousands of new workers in California go without necessary protections

 

The Uber business model could be a sea change in how many of us work and how we think about our jobs--think piecemeal work, supply and demand, real-time tracking of work performance and customer satisfaction...Drivers for ride sharing companies, such as Uber and Lyft, use their own personal cars or black sedans or other limousine-like vehicles. The company's transportation system, via smartphone app, connects these drivers with persons seeking transportation. A key legal question is whether Uber and Lyft drivers are employees or independent contractors. Two recent rulings could have wide implications for the "on demand economy" in California...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: Exchange of Traditional, Native-American Vows Creates Common-Law Marriage. Evidence that, inter alia, a Native-American couple gathered outdoors with family and friends, had a ceremonial blanket placed upon their shoulders, and exchanged traditional vows...read more.

 

Washington: No Adjustment for Inflation Required In Computing Social Security Offset. In computing the social security offset required under Wash. Rev. Code § 51.32.220, the DLI need not adjust the claimant's wages for inflation...read more.

 

North Carolina: Claimant's Attorney Requests $37,537 Fee, Gets $3,000. A court affirmed a decision of the Industrial Commission awarding $3,000 in attorney fees to a claimant's attorney, rather than the $37,537.50...read more.

 

Missouri: Commission Exceeded Authority in Ordering Subrogation Payment. The state's Industrial Relations Commission's power to order an employee (and his spouse) to repay some $41,000 in medical benefits following ...read more.

lexisnexis legal newsroom workers' compensation

Cassandra

Everyone Loves Pedro: Delaware IAB's Recent Rulings on Illegals Creates Migrant Headache for Employers, by Cassandra Roberts, Esq. Read it

  

 

  

 

  

CassandraFrom the Holland Inn of Court - A Delaware Tutorial on Disfigurement, by Cassandra Roberts, Esq. Read it

 

  

 

   

 

 

Martin KlugMissouri: Court Takes Away a Subrogation Credit, by Martin Klug, Esq. Read it.

 

  

 

 

national & state news

NIOSH Recommends All Workplaces Be Tobacco Free, eCigarette Free.

NIOSH Examines High Rate of Carpal Tunnel Syndrome Among Poultry Workers.

OSHA Updates Workplace Violence Protections for Healthcare, Social Service Workers.

CMS Releases Version 4.6 of MMSEA Section 111 NGHP User Guide.

Safety National, Sedgwick Offer Free Webinar on Workers Comp and Social Media.

Helios Offers Free Webinar on 2015 Workers Compensation Drug Trends.

AL: SB 330 Would Substantially Increase Workers Comp Benefits for Amputees.

AL: Attorney Predicts Alabama Workers Comp Reforms Unlikely This Year.

AK: Proposed Bill Would Clarify That Uber, Lyft Drivers Not Entitled to Comp Benefits.

AZ: Governor Signs Bill to Exempt Payments of Medical Marijuana for Injured Workers.

AZ: Governor Signs Bill for Forfeiture of Workers Comp Benefits Due to Fraud Conviction.

CA: WCIRB Submits July 1, 2015 Filing.

CA: WCIRB Sets Hearing Date for July 1, 2015 Pure Premium Rate Filing.

CA: DIR to Begin Accepting Applications April 13 for Checks From Return to Work Fund.

CA: 2nd DCA Schedules Oral Argument in Batten v. WCAB (SB 863 Challenge).

CA: Conservative Newspaper Decries "Big Labor" Control of Calif. Legislature.

DE: OWC Clarifies Reimbursement Percentages for Non-Covered Medical Codes Re: ASCs.

ID: Industrial Commission Announces Most Current Version of EDI Claims Release 3.0.

KY: Court Finds Contractor Immune From Suit Filed by Employee of Subcontractor.

ME: MEMIC Names Daniel J. McGarvey as Chief Operating Officer.

MD: Subsequent Injury Fund Assessment Not Reduced Due to Retirement Offset.

MA: Bill Re-introduced to Expand Benefits for Permanent Disfigurement.

MN: Minnesota Workers Comp Insurers Assoc. Posts State of the Market Report.

NV: Injured Worker Advocate Decries SB 229 Workers Comp Changes.

NM: Governor Signs Bill to Clarify Cap on Temporary Disability, Mental Impairment Claims.

NY: WCB Proposes Rule Changes for Health Insurance Matching Program.

NC: Governor Nominates Christopher Loutit to Industrial Commission.

NC: Dept. of Labor Fatal Workplace Accident Numbers Disputed.

OH: Nurse's Fall in Hospital ER Held Outside Course and Scope of Employment.

OH: Former BWC Chief Administrative Officer to Head State Dept. of Commerce.

OH: BWC Settlement Checks for Employers Delayed Until June.

OK: A Possibly Liberal-leaning OK Supreme Court to Hear Case Challenging Opt Out.

OR: WCD Revised Employer-at-Injury Program Reimbursement Request Form.

OR: SAIF Corp. Hires Kerry Barnett as New President and CEO.

PA: Governor Announces Significant Workers Comp Rate Cut. 

SC: Commissioner's Preferences Updated Re: Electronic Submission of APAs.

SC: WCC Clarifies Requirements for Filing Fees.

SC: WCC Updates Secure Email System Eff. April 11.

TN: Opt Out Bill Could Be Delayed Until 2016.

TX: Audit Criticizes CorVel's Handling of WC Claims for Forth Worth.

TX: Hospital Says Ebola Nurse's Claims Fall Under Workers Comp.

TX: Texas Workforce Commission Examines Employers' Liability for Acts of Workers.

ENEWSLETTER ARCHIVES

ArchivesTake 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.

Apr. 6, 2015:  Evolution of Reform: Resilience & Renovation in Workers' Comp.

Mar. 30, 2015: Ethnic Disparities in Occupational Injury Hospitalization Rates

Mar. 23, 2015: Truth and Consequences of the Affordable Care Act

Mar. 16, 2015: Tackling the Elephant in the Room: Exclusive Remedy

Mar. 9, 2015: Strong Correlation Between Nonopioid Substance Abuse and Opioid Addiction.

Mar. 2, 2015: Surviving the Great Recession: Getting By With a Little Help From Our Meds.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.