Vol. 6, Issue 28

Find Solutions & Strategies                    July 13, 2015

Affordable Care Act and Workers' Comp

Insights from an insurance industry insider      
In This Issue
A Note From the Editor
affordable care act

How it can reduce workers' comp costs and provide better outcomes for injured workers    

 

By Ryan Benharris, Esq.   

 

The Patient Protection and Affordable Care Act and the unpredictability on its future effect on workers' compensation systems across the country continue to be a hot topic among workers' compensation scholars. David A. North, the President and CEO of Sedgwick Insurance Company penned an article entitled, "The Impact of The Affordable Care Act on Workers' Compensation: Opportunities and Considerations." North is no stranger to the Workers' Compensation field. In his twenty years at Sedgwick he has lectured at dozens of conferences on workers' comp and penned numerous publications. North cites the lengthy history of research provided by WCRI which has, "been actively tracking the development and implementation of the ACA and how it might impact various components of the...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: Seventh Circuit Says FedEx Drivers Are Employees, Not Independent Contractors. In a case construing the Kansas Wage Payment Act, but also having important implications for the workers' comp arena, the U.S. Court of Appeals for the Seventh Circuit has held that drivers for FedEx Ground Package System are employees...read more.

 

Idaho: Employer Saddled With $21,000 Life Flight Bill for Employee's Cut Finger. An uninsured employer is required to pay $21,201 for Life Flight helicopter services in connection with injuries sustained by a part-time irrigator at the employer's farm...read more.

 

Pennsylvania: "Good Samaritan" Awarded Benefits Following Injury. An employee who attempts to render aid to another does not, by that action, abandon his or her employment...read more.

 

Georgia: "Fault" of Employer Can Be Considered in Plaintiff Employee's Tort Action Against Third Party. Georgia's apportionment statute requires the trier of fact to consider the "fault" of all persons or entities that have contributed to the plaintiff's alleged injury or damages, including nonparties...read more. 

national & state news

Prof. Emily Spieler Attacks AMA Guides for Absence of Evidence-Based Medicine.

A.M. Best: U.S .State Workers Comp Funds' Net Premiums Increased 11.5% in 2014.

Insurance Companies Cautiously Providing Coverage to Marijuana Businesses.

On-Demand Cleaning Company Sued by Worker for Alleged Misclassification.

Uber Opposes Class Certification in Misclassification Class Action Lawsuit.

CMS, AMA Announce Measures to Ease Physician Transition to ICD-10.

Obama Nominates Andy Slavitt as New CMS Chief.

Report Blasts Obama Administration for Poor Workplace Safety Record.

NCCI Releases Quarterly Economics Briefing Newsletter.

CDC: People Using Opioids 40 Times More Likely to Abuse or Be Dependent on Heroin.

Bipartisan Bill Would Legalize Banking for Recreational Marijuana Companies.

Robot Kills Worker at Volkswagen Plant, Lawsuit Expected.

OSHA's New Rule on Confined Space in Construction Takes Effect Aug. 3, 2015.

CA: Governor Signs AB 915 Out-of-State Travel for School Workers on Industrial Injury Leave.

CA: WCIRB Report Examines Medical Payment Development to 30 Years Post-Injury.

CA: WCIRB Reports on 2014 Calif. Workers Comp Losses and Expenses.

CA: Judge Upholds Labor Commissioner's Ruling of Misclassification of Truck Driver.

CA: DWC Proposes Changes to WCIS Rules, EDI Guides to Rulemaking Forum.

CA: DWC Posts Ethics Advisory Committee 2014 Annual Report.

DC: DC Council Mandates Safe Staffing Nurse-Patient Ratios.

HI: Governor Signs HB 1268 Public Employees Return to Work Requirement.

IL: Former Director of Insurance Says Marketplace Should Determine Work Comp Rates.

IL: Prof. Spieler Cites Problems With Proposed "Major Contributing Cause" Standard.

MD: WCC Posts Reminder That Insurance Information Report IC-1 Due 8/30/2015.

MN: DLI Adopts Rules for Opioid Treatment, Approves Use of Medical Marijuana.

NE: High Court on Social Activity: Substantial "Direct" Benefit to Employer Required.

NY: WCB Adopts Changes Re: IMEs and Duplicate Filing of Board File Information.

NY: WCB Updates Reimbursement Rates for Inpatient Hospital Care.

OH: BWC Drops Appeal of Class Action Suit on Overcharged Premiums.

PA: Governor Signs Budget Appropriations for Administration of Workers' Compensation.

RI: WCD Posts Notice of Proposed Assessment Rate.

TN: LWD Proposes Rule: Medical Director Authority to Specify Treatment for Approved URs.

TN: 2015 Insurance Legislation Contains Several Enacted Bills Related to Workers Comp.

VA: WCC Stakeholder Work Group for HB 1820 Medical Fee Schedule to Meet Aug. 19.

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.