Vol. 6, Issue 31

Find Solutions & Strategies August 3, 2015

Pre-Employment & Post-Offer Employment Testing

The need for overt safety emphasis

In This Issue

- PRE-EMPLOYMENT TESTNG

- NATIONAL CONFERENCE

- LARSON'S: False Imprisonment, Going and Coming, Reasonable and Necessary Medical Treatment, Dual Capacity

- PERSONAL COMFORT, OUT OF STATE TREATMENT

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

LexisNexis is a Sponsor of the NWCDC 2015

court finds injuries sustained during pre-employment job function test are compensable

Overt safety emphasis is the way to success in pre-employment or post-offer employment testing

A truck driver, who injured his knee while performing a pre-employment job-function test during the hiring/orientation process, was an employee at the time of his injury for purposes of a workers' compensation claim, held a Mississippi appellate court. The driver had received a letter from his prospective employer indicating he had been hired, contingent upon his passing a physical, a drug screen and a road test. The road test consists of two phases: (1) the actual driving portion; and (2) a job-function test, which required an applicant physically to enter and exit the rear of a trailer in a specific manner. The driver suffered a knee injury--a torn lateral meniscus--while attempting the second...read more.

national workers' compensation conference

Discounted CLE opportunity for our eNewsletter subscribers: You save an extra $100.00 on top of the $350.00 Pre-Early Bird Savings for

the National Workers' Compensation & Disability Conference^�. But hurry, the best rate ends in just a few weeks! Register by Sept. 4 with Promo Code LNL to save. And because of our partnership with NWCDC you know you'll get only the highest quality content, with sessions exploring current legal issues from workplace violence to opt out. Make sure you're there November 11-13, and remember to use Promo Code LNL to get your special savings.

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).

Mississippi: False Imprisonment Action Against Employer Fails. A Mississippi trial court committed error when it failed to grant summary judgment to an employer in a civil action filed by the estate of a deceased employee alleging false imprisonment...read more.

Arizona: City Auditor's Injuries in Auto Accident Barred by Going and Coming Rule. A city auditor, who was involved in an automobile accident as she traveled home at the end of the day after completing a business errand did not sustain injuries arising out of...read more.

District of Columbia: Remand Required Where Review Board Fails to Determine Medical Issues on their Merits. The District of Columbia Court of Appeals reversed a significant portion of an order by the Compensation Review Board that found an injured worker was not entitled to compensation for proposed medical treatments...read more.

Montana: Warehouse Manager's Dual Capacity Action Against Boss/Owner of Building Fails. A warehouse manager of a carpet company, who sustained injuries while assembling carpet racks in a newly constructed warehouse, could not maintain a civil action in negligence against the owners of the warehouse...read more.

Lexisnexis legal newsroom blogs

Catherine the Great on The Porcelain Throne...and the Personal Comfort Doctrine in Delaware, by Cassandra Roberts, Esq. Read it.

Love Without Borders: Delaware Law Eliminates Provider Certification Requirement for Out-of-State Treatment, by Cassandra Roberts, Esq. Read it.

national & state news

RIMS/Advisen: Stable Insurance Market Shows Decline in Workers Comp Costs.

Payroll Fraud Prevention Act of 2015 Introduced in Congress.

Luxe Valet On Demand Service Converts Contractors to Employees.

Lawmakers Seek to Investigate DOJ's Prosecution of Medical Marijuana Patients, Providers.

AZ: IC Posts Summary of Action on Physician, Pharmaceutical Fee Schedule.

CA: WCIRB Releases 2015 Report on State of Calif. WC Insurance System.

CA: WCIRB Actuarial Committee Posts Aug. 6 Meeting Agenda.

CA: Dept. of Public Health Announces New Cancer Trend Research Project.

CT: WCC Posts Workers Comp Legislation Passed by General Assembly.

FL: Sup. Ct. Decisions on Westphal, Castellanos Not Likely Until Court Returns in Sept.

IN: WCB Posts New Maximum Benefit Rates.

KS: Workers Comp Judge Selection Process Under Question.

LA: LUBA Workers Comp Expands Business Into Texas.

NH: Report Shows Only Half of Worker Injuries Paid Through WC System.

NY: 2015-16 Budget Eliminates Several Workers' Comp Fees.

NC: IC Posts 2016 Maximum Weekly Benefit Rates.

OH: ODOT, BWC Team Up to Improve Road Worker Safety.

OR: WCD Posts 2014 Compensable Fatality Characteristics Tables.

OR: DCBS Posts Various Characteristics of WC System 1968-2014 Table.

PA: Report Claims Wage Theft by Employers Ranges From $19M to $32M.

SD: Unclear if Comp Decision Concerning Workers With Multiple Jobs Is Retroactive.

TN: Governor Appoints Hamilton to Claims Commission.

TX: DWC Proposes Changes to Required Notices of Coverage Rules.

WV: Governor Announces 11th Consecutive Reduction in Workers Comp Rates.

ENEWSLETTER ARCHIVES

Take 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.

July 27, 2015: Prescription Drugs and Workers' Compensation.
July 20, 2015: Federal Employees' Compensation Act Reform.
July 13, 2015: Affordable Care Act: How It Can Reduce Workers Comp Costs.
July 6, 2015: Post-Divorce Workers' Comp Benefits.
June 29, 2015: Florida Appellate Court Throws Out "Padgett" Decision.
ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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