Vol. 6, Issue 33

Find Solutions & Strategies August 17, 2015

A Healthier Workforce

The hot debate over employer responsibility and employee incentives

In This Issue

- HEALTHIER WORKFORCE

- WC BENEFITS DECLINE

- LARSON'S: Salary, Eggshell-Claimant, Seaman/Jones Act, Contractual Indemnification

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

LexisNexis: Sponsor for NWCDC

a healthier workforce: the hot debate over employer responsibility and employee incentives

By Jennifer C. Jordan, Esq., General Counsel, MEDVAL LLC

A Medicare set-aside is sometimes like an exercise in accident reconstruction. And when the MSA gets ugly, as they frequently do, it is typically because of some factor other than the industrial accident itself. Things like, had the employee not been over 300 pounds or had undiagnosed health problems such as heart disease or diabetes at the time of the accident, the claims would likely have been minor and the employee back to work in no time. By the time the claim gets to the MSA stages, there is absolutely nothing that can be done about it but to ponder what if. However, it was interesting to find that--while likely unintentional--the 2015 RIMS Annual Conference in New Orleans provided the workers' compensation industry some good insights as to the solution to many of these issues--a healthier workforce...read more.

WORKERS' COMP BENEFITS FOR INJURED WORKERS CONTINUE TO DECLINE WHILE EMPLOYER COSTS RISE

Study Finds Benefits as a Share of Payroll Approach Lowest in Three Decades

WASHINGTON, D.C - Workers' compensation benefits as a share of payroll for injured workers continue to decline even as employment grows and overall employer costs increase, according to a new report from the National Academy of Social Insurance (the Academy). Despite the growth in employment following the Great Recession -- and the significant uptick in employees eligible to receive workers' compensation -- benefits per $100 of covered payroll dropped to $0.98 in 2013, a 5 percent decrease from 2009. At the same time, the growing workforce has translated into rising workers' compensation costs for employers - now $1.37 per $100 of covered payroll, a 5 percent increase from 2009...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).

Nevada: Lack of "Salary" No Bar to TTD Benefits for Self-Employed FedEx Driver. The Nevada Supreme Court held that a self-employed delivery driver who contracted with FedEx Home Delivery for one of its routes was entitled to TTD benefits in spite of his lack of a "salary"...read more.

New Jersey: Court Crafts Instructions to Allow Employer's Participation in Tort Action Where Contractual Indemnification Is an Issue. Where the general contractor on a construction project had been sued in tort by the estate of a subcontractor's employee and, in turn, the general contractor claimed it was entitled to contractual indemnification...read more.

Ohio: Court Reiterates "Eggshell-Claimant" Rule Regarding Preexisting Conditions. A 1986 amendment to the Ohio Workers' Compensation Act's definition of "injury" to exclude injury or disability "caused primarily by the natural deterioration of tissue, an organ, or part of the body" did not abrogate...read more.

Federal: 5th Circuit Finds Offshore Platform Welder Was Not "Seaman" for Jones Act Purposes. The Fifth Circuit Court of Appeals affirmed a federal district court's grant of summary judgment in favor of a borrowing employer who had been sued by its borrowed employee...read more.

national & state news

NAIC Releases Study on Workers Comp Large Deductible.

Third Circuit Dismisses Suit Against Cephalon Re Off-Label Marketing of Two Painkillers.

Study: On-Demand Economy Will Include 7.6M People by Year 2020.

AK: WCB Proposes Changes to Filing, Electronic Records, Medical Fees, Rehab Benefits.

AK: US DOL, AK Dept. of Labor Sign Agreement on Worker Misclassification.

AR: Governor Appoints Hon. David Greenbaum as Special Workers Comp Commissioner.

CA: WCIRB to Submit 1/1/2016 Premium Rate Filing to Insurance Commissioner.

CA: Lanier Directs DIR to Begin Process to Create Closed Drug Formulary.

CA: DWC to Hold Meeting on Electronic Transmission of Medical Records, Reports.

CA: Bumble Bee to Pay $6M for Workplace Safety Violation After Worker Cooked in Oven.

CA: Staffing Company Worker Films Injuries, Dangers While Dumping Chemicals.

FL: DWC Proposes Rule Change for FL WC Reimbursement Manual for ASCs.

ID: US DOL Signs Agreement with ID Dept. of Labor on Worker Misclassification.

IL: Governor Reappointments 10 as IWCC Arbitrators.

IL: Dept. of Insurance Adopts Workers Comp Electronic Billing Rules.

IL: Governor Opposes SB 162 (Raoul) Workers Comp Reform Proposals.

MA: Experts Discuss Serious and Willful Employer Misconduct.

MA: WGBH Posts 5-Part Series on "New Face of Addiction" in Massachusetts.

MA: DIA Posts Updated Information on Public Records Requests.

MN: Dept. of Commerce Approves Pure Premium Level Change of +2.0%.

NC: House Panel Approves Bill to Regulate Transportation Network Companies.

ND: WSI Places Medical Treatment Guidelines Online.

OH: Enough Signatures Collected to Place Marijuana Legalization on Nov. 3 Ballot.

OR: WCD Proposes Adoption of 2016 Workers Comp Premium Assessment Rate.

OR: WCD Updates Adjusted Cost-to-Ratios for State, Out-of-State Hospitals.

OR: WCD Proposes Rules for Claim Closure, Benefit Payments, Penalties.

OR: WCD Plans Audit on Permanent Total Disability, Fatality Benefit Accuracy.

PA: Supreme Court Review of Staffing Agency Liability Could Alter Liability Landscape.

SC: WCC's Implementation Date for Medical Services Provider Manual Now 9/1/2015.

SC: WCC Posts Agenda for 8/17 Meeting.

TX: DWC Seeks Comments on Possible Changes to Death Benefits, Burial Benefits.

VA: NCCI Explains 3.4 Percent Loss Cost Increase.

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.

August 10, 2015: Remote Work Policy.
August 3, 2015: Injuries Sustained During Pre- or Post-Offer Employment Testing.
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.ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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