Vol. 6, Issue 35

Find Solutions & Strategies August 31, 2015

The Impact of OSHA Developments on Workers' Comp

In This Issue

- OSHA DEVELOPMENTS

- NATIONAL CONFERENCE

- LARSON'S: PTSD, Second Injury, Retaliatory Failure to Hire, Treating Physician

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

The impact of osha developments on workers' comp

Warning Employers About a New Enforcement Paradigm

Karen C. Yotis, Esq., our Feature Resident Columnist, writes about workplace issues and the nuts and bolts of the workers' comp world.

Something's afoot at the Occupational Safety & Health Administration, and it's the kind of sea change that should have employers sniffing the wind in anticipation of a Nor'easter. In the latest edition of out Front ideas with kimberly and mark, attorney and OSHA guru Melissa Bailey and Aon senior risk consultant Mark Sullivan spoke about a general "mood" at OSHA--and the Department of Labor generally--that has government officials going beyond injury and illness to champion the social and economic issues that affect workers. By focusing on a recent OSHA white paper, proposed changes to OSHA reporting guidelines, and OSHA's troublesome slant on post-accident drug testing and safety incentives, the panelists examined the many ways that the Obama Administration's OSHA is...read more.

national workers' compensation & disability conference

Best rate for CLE opportunity ends in 4 days! Our members attend the National Workers' Compensation & Disability Conference^�(Nov. 11 - 13) for $100.00 less with Promo Code LNL. Register by Sept. 4 to add your special discount to the $350.00 Pre-Early Bird Savings.LexisNexis partners with NWCDC to give you the highest quality legal content. You'll hear from Stuart Colburn, Joseph Gagnon, Thomas Robinson and more. Remember to use Promo Code LNL to get your additional 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).

Tennessee: Store Manager's PTSD Found Compensable After Encounter With Purse Snatchers. A store manager who sustained injuries in her employer's parking lot after she pursued two persons, posing as customers, who stole her purse from the store, could recover workers' comp benefits for psychological injuries in the nature of PTSD...read more.

Utah: High Court Clarifies Direct and Natural Results Test; Second Injury Compensable Only if First Injury Was "Significant Contributing Cause". A school bus driver, who sustained a compensable back injury in 2003, when he fell down the steps of his school bus could, under an appropriate factual finding, recover additional workers' comp benefits when four years later a child jumped on his back and...read more.

Tennessee: No Cause of Action for Retaliatory Failure to Hire. The state's Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act against a prospective employer for failure to hire if the prospective employer failed to hire the job applicant because...read more.

District of Columbia: Employer Not Entitled to Change in Employee's Treating Physician. An employer has no right to request a change of an injured employee's attending physician under the District of Columbia's Workers' Compensation Act, held a D.C. appellate court...read more.

national & state news

NCCI Posts New Release of Proof of Coverage State Guide.

ProPublica Partners With Beacon Crowdfunding Site to Generate Work Comp News.

10th Circuit Overturns $3.5M Verdict in Alleged Construction Machine Defect Case.

NRLB Redefines Joint Employer Status in Temporary Agency Case.

5th Circuit Adopts Test for Staffing Company Liability for Joint Employer Conduct.

NIOSH Explores Overlapping Vulnerabilities of Workers at Risk of Injury.

ACOEM: Job Strain Connected With Increased Sick Leave for Mental Disorders.

AZ: ICA Claims Division Revised Internal AMW Procedure Eff. 8-24-2015.

CA: WCIRB Releases Report on Q1 2015 Data.

CA: WCIRB Posts Agenda for 9-2-2015 Actuarial Committee Meeting.

CA: OAL Approves DWC Final Qualified Medical Evaluator Regulations.

FL: DWC Posts Conference Materials on Legislation, Audits, Medical Services, EDI.

IL: Governor Appoints Douglas S. Steffenson as Arbitrator for IWCC.

IL: Governor Reappoints 10 Arbitrators for IWCC.

IL: Medical Fee Advisory Board Meeting Rescheduled for 9-3-2015.

KS: KDOL Secretary Approves Steven Roth as Administrative Law Judge.

KS: High Court Allows Lawsuit Against State for Transferring Funds to General Fund.

MD: WCC Proposes Allowing Claimant to Cure Improperly Submitted Claim (p.51).

NJ: NJCRIB to Unveil New Electronic System to Submit Applications for Coverage.

NJ: DWC Updates Claim Petitions, Re-Opener, Medical Provider Application Forms.

NM: WCA to Hold Annual Settlement Week Oct. 26-30, 2015.

NY: WCB Changes Rate of Reimbursement to IWs for Travel by Automobile.

NY: WCB Issues Request Re: Measuring, Monitoring Payor Performance Penalty Notices.

OH: BWC Proposes 9 Percent Cut in Local Government Rates.

OH: High Court to Hear Subcontractor Immunity Case.

OR: WCD Updates Guidance on Employer-Paid Medical Reimbursement Claim Costs.

OR: WCD Updates 2014 Workers Comp Average Claim Costs Tables.

OR: DCBS Posts Latest 2014 Claims Characteristics Tables.

SC: WCC to Adopt 2015 ICD-10 Conversion Effective 10-1-2015.

TX: Dept. of Insurance Summarizes P&C Legislation Enacted in 2015.

TX: DWC Rule Changes for Medical Services, Charges, Payments Eff. 9-1-2015.

VT: Lawmakers Press Dept. of Labor to Classify Uber Drivers as Employees.

WV: NCCI Explains 11.1 Percent Decrease in Proposed Loss Cost Filing.

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 24, 2015: Nanoparticles in the Workplace.
August 17, 2015: A Healthier Workforce.
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.ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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