Vol. 6, Issue 19

Find Solutions & Strategies                     May 11, 2015

What's Really Behind the Decline in Workers' Comp Claim Rates?
  
In This Issue
A Note From the Editor
Nat'l Workers' Comp Conference
Larson's National Workers' Compensation Advisory Board
what's really behind the decline in workers' comp claim rates?

New study suggests improved safety is only partially the answer given the considerable shift of care from workers' comp to private insurance coverage

 

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

  

A study recently published in American Journal of Industrial Medicine suggests that the decline in workers' compensation claim rates for musculoskeletal symptoms, disorders, and injuries observed in recent years is only partially the result of improved occupational safety practices and conditions in the workplace; the decline in claim rates also stems from considerable shifting of care over time from the WC arena to private insurance coverage. The study suggests that since an important segment of the reduction in claim rates comes via care shifting, and not just from improvements in safety conditions and practices, additional effort will be required if our society is to enjoy real reductions in the number of work-related MDSI injuries. As the study indicates, the true slope of the curve representing falling MSDI claim rates is not nearly as steep as some occupational injury experts have heretofore perceived...read more.

 
south carolina opt out bill

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

 

A bill introduced in the South Carolina Senate on April 16th (2015 Bill Text SC S.B. 674) would make workers' compensation coverage optional for the vast majority of the state's employers--not just those who choose to set up written alternative injury benefit plans like those allowed pursuant to Oklahoma's new "opt out" arrangement or the somewhat similar opt out arrangement contained in a bill currently before the Tennessee legislature. Such a law would essentially parrot the workers' compensation scenario in Texas...read more.

7 things an employer should do to avoid a propublica report

By Rebecca Shafer, J.D.  

 

Rebecca ShaferI am reading the ProPublica Report with great interest because there are so many things I agree with. After reading all the press brouhaha over this report however, I still regard the high cost of workers compensation (for those companies which do have high costs) mostly as a management problem. The companies I see - which are the ones that have huge problems - are clueless about workers comp. They turn their claims and injury process over to their claims administrator or carrier, hardly participating in the process, then they blame the TPA or carrier when costs go up even though they have done nothing internally to manage safety or injuries...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). 

  

Federal: Employee Terrorized in "Active Shooter Drill" May Sue Employer in Tort. Allegations by a nursing home employee that her employer secretly arranged an "active shooter drill" in which an on-duty Carbondale, CO police officer posed as a "gunman," that the officer burst into...read more.

 

Louisiana: High Court Says Noise-Induced Hearing Loss Falls "Squarely" Within Parameters of State Comp Act. In a split decision, the Supreme Court of Louisiana held that occupational noise-induced hearing loss fell squarely within the parameters of the state's Workers' Comp Act...read more.

 

North Carolina: Members of LLC Are Not "Employees" Unless Special Statutory Procedure Followed. N.C. Gen. Stat. § 97-93 generally requires employers to secure workers' compensation coverage if three or more persons are employed. Under § 97-2(2), a member of a limited liability company may elect to be included as an employee...read more.

 

Illinois: Evidence of Control Supports Employment Relationship for Long-Haul Truck Driver. A divided Illinois appellate court affirmed a decision awarding workers' comp benefits to a long-haul truck driver on the basis that...read more.

national & state news

NIOSH, Ohio BWC to Study Impact of Integrating Wellness With OSH Programs.

ACOEM/UL Propose New Framework for Integrating Health/Safety Programs in Workplace.

U.S. Rep. Refiles Bill to Prevent ICD-10 Implementation.

NIOSH Examines Higher Nurse-to-Patient Ratio to Improve Nurse Injury Rates by 1/3.

NY Times Editorial: Policymakers Need to Deal With "Runaway Drug Prices".

CMS Webinar Explains Applicable Plan Appeals.

States Differ Widely Over Policies on Telemedicine Regulations, Licensing.

CA: OAL Approves DWC Final Copy Service Fee Schedule Rules.

CA: DWC Posts Draft Home Health Care Fee Schedule Rules.

CA: Insurance Commissioner Approves 10.2% Rate Reduction.

CO: SB 269 Independent Contractor Definition Dies in House.

CT: Office of Treasurer Announces No Change to Assessment Rate for Second Injury Fund.

DC: Officials Restore $5.4M to Workers Compensation Funds.

FL: DWC Posts 2nd Notice Re: Revised Reimbursement Rates for ACS.

ID: Advisory Committee Posts Rulemaking Notice for 2016 Legislative Session.

IL: Governor Continues to Push Hard for Workers Comp Reforms.

IL: House Committee Holds Rare Hearing on Workers Comp Reform.

IL: John F. Burton, Jr. Testifies About Risks of Governor's "Major Contributing Cause" Proposal.

IL: Injured Worker Profiled in ProPublica Series Testifies Before House Committee.

IL: AIA Urges House Committee to Enact Reforms for Physician Dispensing, Fee Schedule.

GA: Governor Signs HB 279 Pay Raise for Workers Comp Board Members.

MT: Montana State Fund Lowers Rates for Upcoming Policy Year.

NV: Governor Signs SB 459 PDMP Physician Requirements to Help Prevent Opioid Overdoses.

NY: Assembly Releases Position Paper Opposing WCB's Proposed Fee Schedule Changes.

NC: WCRI Provides Baseline for Viewing Impact of 2011 Laws, Fee Schedule Changes.

OR: WCD Revises Claim Cost Reimbursement Request Form.

RI: Workers Comp Chief Judge, Workers Comp Judge to Retire This Summer.

RI: US DOL, RI DOL Sign Agreement to Protect Misclassified Workers.

SC: SB 674 Would Create Opt Out to Workers Compensation System.

SC: WCC Chairman Seeks More Answers From ARAWC About How Opt Out Will Work.

TN: Governor Signs SB 171 Prohibition for Charging Premium for Independent Contractors.

TN: Governor Signs SB 174 Public Record of WC Policy Information.

TX: DWC Issues Reminder Re: Initiation of Lifetime Income Benefits.

WA: Governor Signs HB 1496 Voc Rehab Plan to Help Injured Workers Find Jobs.

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.

May 4, 2015: The Path of Non-resistance in Workplace Robberies

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.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.