Vol. 6, Issue 16

Find Solutions & Strategies                     April 20, 2015

Seasonal Patterns in Occupational Risk  
  
Is there reporting error on year-end injury declines?
In This Issue
A Note From the Editor
seasonal patterns in occupational risk

**Includes commentary from Lori Severson, VP, Lockton, for the employer perspective on injury reporting**

 

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

 

Workers who struggle to their jobs the Monday after daylight savings time springs the clocks ahead know firsthand how even a small seasonal change can impact the workforce. Numerous other workplace scenarios reflect variations in work-related injury risk that are undoubtedly seasonal. For example, during the dog days of summer (when it's hot and many often work longer hours) heatstroke and heat-related fatigue occurrences rise. Injury rates also tend to be lower at the end of the year. But does this annual decline in occupational injury risk suggest that workers get hurt less around the holidays, or is something else (that is not entirely seasonal) responsible?...read more.

eeoc proposes rule on applying ada to workplace wellness programs
WellnessThe U.S. Equal Employment Opportunity Commission has proposed rules describing how Title I of the Americans with Disabilities Act applies to employer wellness programs that are part of group health plans...read the EEOC press release.
thomas a. robinson named co-author of larson's workers' compensation l aw

LexisNexis is pleased to announce that Thomas A. Robinson has been named a co-author of Larson's Workers' Compensation Law (LexisNexis) and Larson's Workers' Compensation, Desk Edition (LexisNexis). As such, he will work with Lex K. Larson on these publications. Tom brings a wealth of expertise on the law of workers' compensation. He is a leading commentator on workers' compensation and the author of the award winning blog WorkCompWriter.com. He is a frequent speaker, having led seminars at the National Workers' Compensation and Disability Conference, and for the Workers' Injury and Law Advocacy Group, Artex Risk Solutions, and the Injured Workers Advocates (South Carolina). "For 28 years, I have enjoyed working with Lex Larson on Larson's Workers' Compensation Law, as well as the Desk Edition," states Robinson. "Now I'm thrilled to take on a new role as co-author. I look forward to continued close collaboration with Lex and expanded interaction with attorneys, claims representatives, risk managers and others within the workers' compensation sphere."
LARSON'S SPOTLIGHT ON RECENT CASES

Thomas A. Robinson, J.D., our Feature National Columnist, is the co-author of Larson's Workers' Compensation Law (LexisNexis). 

  

Virginia: Worker Was Not Aggressor When She Called Co-Worker a "Jerk". A worker, who injured her lower back during a physical altercation with a coworker, was not the aggressor...read more.

 

Oregon: Claimant's Estate May Pursue PPD Claim Filed Prior to Claimant's Death. An estate was authorized to pursue a request for hearing seeking an award of PPD benefits that claimant filed before his death...read more.

 

Mississippi: Employer's Effort to Categorize Worker as Independent Contractor Unsuccessful. An injured worker was an employee, and not an independent contractor, where evidence suggested the worker, a car detailer, was required to work exclusively for...read more.

 

Connecticut: "Payloader" Is Not Motor Vehicle for Purposes of Special Rule Allowing Tort Action Against Fellow Employee. Conn. Gen. Stat. § 31-293a creates several exceptions to the otherwise applicable rule that a workers' comp claim for benefits is the exclusive remedy that an employee may pursue against a fellow employee...read more.

national & state news

US Senate Approves Sweeping Changes to How Medicare Pays Doctors.

EEOC Proposes Rule on Application of ADA to Workplace Wellness Programs.

WCRI Releases Nat'l Inventory of Cost Containment Initiatives Adopted in 51 Jurisdictions.

NIOSH Finds Police Officers, Firefighters Have Largest Workplace Suicide Rate.

OSHA Seeks Public Input on Better Protections for Communication Tower Workers.

OSHA Renews Alliance to Reduce, Prevent Worker Exposure to Chemical Hazards.

Univ. of Calif. Study Ranks 50 States for Laws Supporting Undocumented Workers.

Increase in Workers Abusing A.D.H.D. Drugs to Boost Productivity.

AZ: Governor Signs Bill for PTSD in Public Safety Study Group.

AR: Ins. Commissioner Announces 2.1% Loss Cost Decrease for Voluntary Market.

CA: Governor Appoints Destie Overpeck Administrative Director of DWC.

CA: DIR Launches Website for RTWSP Applications.

CA: DWC Announces SB 863 RTW Program.

CA: OAL Approves WCIS Medical Billing Reporting Regulations.

CA: Calif. Ranks #1 in Nation for Laws Supporting Undocumented Workers.

FL: DWC Adopts Amended Rules on Penalty Calculations.

ID: Governor Line Item Vetoes $3M Transfer From Industrial Administration Fund.

ID: Governor Signs Workers Comp Bill to Permanently Reduce Premium Tax Rates.

IL: Governor Provides Details on Workers Comp Reform Proposals.

IL: Illinois Ranks #2 in Nation for Laws Supporting Undocumented Workers.

IA: Senate Confirms Cortese as Workers Comp Commissioner.

IA: Governor Signs HF 259 to Exclude More Business Persons From Workers Comp.

MD: Governor Signs HB 358 to Require 45 Days' Notice of WC Policy Cancellation.

MD: Governor Signs SB 465 to Make Chesapeake Join a Rating Organization.

MA: DIA Health Care Services Board Treatment Guideline Meeting Set for April 21.

MI: Mark Long Appointed Workers' Compensation Agency Director.

MT: University Student Gets Workers Comp for Exposure to Hantavirus.

NE: WCC Public Information Manager Su Davis to Retire After 21 Years of Service.

NE: WCC Implements 10-Year Limit on Decisions & Orders Database Search.

NE: WCC to Implement Electronic Filing Project This Summer.

NY: A3250 Would Prevent Workplace Bullying.

NY: WCB Provides Guidance on Payor Compliance Project.

OH: Ohio Ranks as Worst State for Laws Supporting Undocumented Workers.

OK: Governor Signs SB 262 Young Worker Safety Measure.

OR: WCD Corrects Bulletin on Hospital Fee Schedule, Adjusted Cost-to-Charge Ratios.

RI: Two Ex-Workers Comp Court Judges Make Top 25 List of Pensioners in State.

SC: Court Signals Uber Business Model Probably OK in Palmetto State.

SC: Lawmakers Hear First Responders' Testimony for PTSD Bill.

SC: WCC Updates Secure Email System.

TN: TDCI Chooses NCCI as Plan Administrator for TN Workers Comp Insurance Plan.

TX: Ebola Nurse Responds to Hospital's Petition to Throw Out Case.

TX: DWC Announces Recent Enforcement Actions.

VA: Governor Signs HB 1806 Non-Employee Status for Certain Trucking Owner Operators.

VA: WCC Issues Vocational Rehabilitation Guidelines.

WA: Washington Ranks #3 in Nation for Laws Supporting Undocumented Workers.

WA: SB 5550 Regulation of Uber, Lyft Sent to Governor.

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. 13, 2015: Workers' Comp, Return to Work, and the Americans with Disabilities Act

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.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.