Vol. 6, Issue 18

Find Solutions & Strategies                     May 4, 2015

The Path of Non-resistance in Workplace Robberies
   
Reducing the risk of customer injuries  
In This Issue
A Note From the Editor
Larson's National Workers' Compensation Advisory Board
Workers' Compensation Emerging Issues Analysis, 2014 Edition
the path of non-resistance in workplace robberies

Reducing the risk of customer injuries

 

Robbery--the crime involving sticky fingers that can get your entire hand amputated as a penalty in some cultures--is the leading cause of occupational homicide in the workplace and a known risk factor for employee injury. Some of the highest robbery-related homicide rates come out of the retail and service industries, and the risk of injury overall increases when employees resist perpetrators. However, very little research has been conducted into the outcome for customers when....read more.

risky business for small retailers

The hard sell for Workplace Violence Prevention Programs

 

Workplace ViolenceHow can public health departments and occupational safety organizations engage small retailers to participate in a workplace violence prevention program (WVPP)? Most small business operators within the retail or service trades don't belong to business networking groups and many believe WVPP training is not necessary because they and their employees are not at risk for workplace violence...read more.

missouri lowers burden for mental stress claims

Claimant's job as a highway worker exposed her to "horrific scenes of carnage, death and human tragedy over 20 years"

 

By Martin Klug, Esq.

 

Martin KlugWhat does a claimant have to prove for work-related stress when their job is inherently stressful? Mantia v MoDot, 2015 MoWCLR Lexis 39 (April 28, 2015) charts a much lower bar for claimants to receive compensation, and it reverses a denial of benefits. The causation is undisputed in this case. Both the employer and the employee's experts agree that...read more.

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). 

  

Oklahoma: Divided OK Supreme Court "Opts Out" of Assuming Jurisdiction in Constitutional Challenge Case. The Supreme Court of Oklahoma, in a divided decision, has opted not to assume original jurisdiction in a constitutional...read more.

 

Pennsylvania: Work Comp Insurer May Not File Subrogation Action in its Own Name. The Supreme Court of Pennsylvania held that notwithstanding the strong subrogation rights conferred upon employers or their...read more.

larson's spotlight on recent cases, continued...

South Carolina: Control Not Key to Determining Statutory Employee Status. An employee of an uninsured cargo delivery business was the statutory employee of...read more.

 

Federal: Kentucky Retaliatory Discharge Claim Not Removable to Federal Court. A Kentucky plaintiff's claim for retaliatory discharge arises under Kentucky's workers' compensation statutes and is nonremovable...read more.

 

Colorado: Unpaid Volunteer's Claim Not Barred by Going and Coming Rule. A claimant, who served as president of an organization of unpaid volunteers under the...read more.

national & state news

DOJ Audit Alleges GEO Group Incorrectly Calculated Workers Comp Insurance.

US DOL Proposes Rule to Revise Black Lung Benefits Act.

OSHA Issues Final Confined Spaces Rule to Protect Construction Workers.

Doctors Banned From Billing Medicare Still Billing State Medicaid Programs.

Newsweek Investigates How Compound Pharmacy Killed 64 People With Contaminated Drugs.

Drones in Workplace Raise Privacy, Consent, Discrimination, Union Concerns.

AZ: Governor Appoints Dale L. Schultz to Industrial Commission.

AR: Court Approves Additional Medical Expenses Related to ER Visit Six Months After Injury.

CA: WCIRB Posts Presentation From Insurance Hearing Concerning 10.2% Rate Cut.

CA: WCRI: Average Medical Payment Per Claim Decreased Following 2013 Rule Changes.

CA: DWC Posts Draft Interpreter Fee Schedule Rules for Public Comment.

CA: WCIRB Posts Agenda for May 5 Classification and Rating Committee Meeting.

CA: Senate Committee Approves SB 563 Utilization Review Limitations.

CA: CIGA Posts Agendas for May Meetings: Audit, Finance & Investment, Board.

CA: CHSWC Posts Study on Infection Risk of Sharps Injuries for Non-Healthcare Workers.

CA: Bumble Bee, Managers Charged With 3 Felony Counts for Death of Worker in Oven.

CA: Uber Driver Slashed in Face by Passenger Sues for Workers Comp.

ID: Advisory Committee on Workers Comp Post Agenda for May 13 Meeting.

MA: New Domestic Worker Laws Eff. 4/1/2015, But Rules Not Adopted Yet by AG.

MA: DIA Adopts Amended Assessment Data Filing Process.

MT: Governor Signs SB 123 Transfer of Montana State Fund Oversight.

NM: Lawmaker Decries Politics That Killed HB 238 Worker Intoxication Bill.

NY: Claimant Fails to Show Claim Filing Delayed by Hurricane Sandy.

NC: Worker Advocated Applaud Senate Passage of Worker Misclassification Bill.

OH: BWC Set to Launch New Billing System for Payment of Premiums.

OK: Governor Appoints Dan Ramsey to CompSource Board.

OK: High Court Refuses to FastTrack Opt Out Challenge Case.

OK: Ins. Commissioner Applauds High Court Decision on Opt Out Challenge.

OK: WCC Posts Five New Forms.

OK: WCC Announces Governor Approves New Emergency Rules.

OK: Lawsuit Challenges 24 Hour Notice Requirement for Opt Outs.

OK: WCC Commissioner Engle to Resign May 27; Governor Appoints Liotta.

OR: MLAC Proposes Amendment to HB 2764 Attorney's Fees.

OR: DCBS Posts Quarterly Compensable Fatality Report.

SC: S429 Would Cover PTSD for First Responders.

TX: DWC Adopts Independent Review Organizations Rules.

UT: Governor Signs SB 63 Workers Compensation Fund Board Member Changes.

UT: Governor Signs SB 135 Firefighter Cancer Presumption.

VA: WCC Releases New Benefit Calculator Application.

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. 27, 2015: ACOEM Guidance on Marijuana in the Workplace.

Apr. 20, 2015  Seasonal Patterns in Occupational Risk.

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

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.