Vol. 6, Issue 29

Find Solutions & Strategies                    July 20, 2015

Federal Employees' Compensation Act Reform

Trying to find solutions in the FECA landscape
In This Issue
A Note From the Editor
feca reform: fresh approaches, aging workers and trying to do more with less
Karen C. Yotis, Esq., our Feature Resident Columnist, provides insights into workplace issues and the nuts and bolts of the workers' comp world.      

The cost cutting game being played in the workers' compensation world these days is called "REFORM," and it should come as no surprise that the federal government-which is the biggest employer in the nation after all-is turning into a most accomplished gamer. Hearings in May 2015 about reform of the Federal Employees' Compensation Act before the Subcommittee on Workplace Protections kicked off with Committee Chairman Rep. Tim Walberg (R-MI) raising concerns that "FECA benefits are too generous and can discourage an employee's return to work." Witness Scott Dahl, Inspector General of the Department of Labor, echoed Walberg's cost-cutting refrain with comments about ensuring that compensation benefits are "only paid to those who are truly injured and unable to work," and that medical benefits be paid "for necessary services that are actually provided." However, a series of seven studies which analyze the intricacies of injuries and claims under federal workers' compensation that the Journal of Occupational and Environmental Medicine published in a March 2015 special supplement point to lack of accountability, poor communication, disarrayed recordkeeping--and the aging workforce--as the system's big cost drivers...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). 

  

Nebraska: Internet Search for Registered Sex Offenders Leads to Workplace Assault. A Nebraska appellate court affirmed the denial of workers' compensation benefits for an employee who sustained injuries to his nose, clavicle and shoulder when he was assaulted on the employer's premises by a co-worker...read more.

 

Federal: Employee's Death in Taxi Accident While He Shopped for Groceries Found Compensable Under Defense Base Act. The 1st Circuit Court of Appeals affirmed an award of death benefits under the Defense Base Act to the widow of an employee who died in an auto accident in Tbilisi, Georgia, while traveling by taxi to shop for groceries...read more.

 

New York: Pressure to File False Reports Constitutes Unusual Level of Stress and Supports Award for Mental Injury. As is the case with a number of other states, New York allows recovery for work-related stress if the claimant can show that the stress that caused the injury was greater than that which other similarly situated workers experienced in the normal work environment...read more.

 

New York: Fatal Embolism Found Compensable as Unexplained Death Under § 21(1). A New York court affirmed a decision of the Workers' Compensation Board that decedent's death arose out of and in the course of his employment where the decedent collapsed and died while working as a dispatcher...read more.

national & state news

ProPublica Releases Complication Rates for 17,000 Surgeons.

GOP Backs Uber and On-Demand Economy.

US DOL Issues Additional Guidance on Employee Misclassification.

US DOL to Hold Presentation July 21 on Next 25 Years of ADA.

13% of Small Businesses Concerned About WC Fraud by Employees.

Study: Opioid Poisonings in Low Prescribed Doses, Acute & Intermittent Opioid Use.

CMS to Hold Town Hall July 28 on Mandatory Reporting for Liability Insurance.

CMS Posts July 13, 2015 Version of NGHP User Guide.

CA: Governor Signs AB 822 CIGA Covered Claim, Insolvency Proceedings.

CA: Governor Signs AB 202 Cheerleader Workers' Comp Coverage.

CA: Dept. of Insurance Accepting Public Comments on WCIRB Filing.

CA: DWC to Hold Hearing on Chronic Pain, Opioids Treatment Guidelines.

CA: DIR, DWC Post Draft Regulations on Transition to ICD-10.

CA: CPUC Judge Recommends Suspension of Uber for Not Providing Driver Data.

CO: Pinnacol Posts 2014 Annual Report.

CO: Judge Awards Widow Death Benefits in Oil-Field Worker Tank Fumes Case.

CT: WCC Updates Medical Protocols for Treatment of Knee Injuries.

CT: Governor Signs Bill to Combat Substance Abuse, Opioid Overdoses.

FL: Padgett Constitutional Challenge Appealed to Florida Supreme Court.

HI: Governor Signs Medical Marijuana Dispensaries Bill.

IL: Dept. of Ins. WC Fraud Unit Releases 2014 Annual Report.

KY: US DOL, KY Labor Cabinet Sign Agreement to Protect Misclassified Workers.

MD: WCC Posts 2016 Maximum Benefit Rates.

MD: WCC Updates Joint Election, Sole Proprietorship Status, Inclusion Forms.

NE: WCC Launches Online System for Filing Court Pleadings.

NJ: Obama Appoints Former NY WCB Chair to Emergency Board Re: NJ Transit Rail.

NM: WCA Proposes Medical Treatment Rules for Medical Marijuana.

NM: WCA Proposes Rule Changes for Claims Resolution, Self-Insurance.

NY: NYSIF Launches Online Medical Provider Portal.

NY: NYCIRB Approves 5.9% Loss Cost Increase Eff. Oct. 1, 2015.

NC: House Special Panel Hears Testimony on Worker Misclassification.

OR: SAIF Posts 2014 Annual Report.

RI: NCCI Explains 2.5% Increase in Loss Cost/Rate Filing.

SD: WCAC Posts July 28 Meeting Agenda.

SD: NCCI Explains 8.9% Decrease in Loss Cost/Rate Filing.

TN: BWC Submits Report on Impact of 2013 Workers Comp Reform Act.

TX: DWC Posts Reminder of Medical Records Provided for Designated Doctor Exam.

TX: SB 652 Eff. 9-1-2015: Franchisors Not Employers for Purposes of Work Comp, Etc.

 

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.