Vol. 6, Issue 37

Find Solutions & Strategies September 21, 2015

How Undocumented Status Impacts the Working Conditions and Safety of Latino Immigrants

In This Issue

- IMMIGRANT WORKERS

- LARSON'S: Fraud, Slip and Fall, Temporary Employee, Extraterritorial Injury

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

how undocumented status impacts the working conditions and safety of latino immigrants

By Roger Rabb, J.D., Special Correspondent for the LexisNexis Workers' Compensation eNewsletter

Although the debate over undocumented immigrants and immigration reform is constantly in the headlines, one area that receives less attention is the working conditions for those undocumented immigrants already employed in the U.S. While earlier research has shown that immigrant workers suffer a disproportionately high rate of work-related fatalities, the researchers in "Undocumented Status as a Social Determinant of Occupational Safety And Health: The Workers' Perspective" to be published in the American Journal of Industrial Medicine, examine how the social status of being an undocumented immigrant affects the working conditions and safety of Latino immigrants who comprise more than 75 percent of the unauthorized workers in the U.S. The study sought to prove two hypotheses...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: 11th Circuit Affirms Postal Worker's Conviction of 33 Counts of Workers' Comp Fraud. The Eleventh Circuit Court of Appeals affirmed, in relevant part, a jury's findings that an Alabama letter carrier was guilty of 33 counts of workers' comp fraud in connection with...read more.

West Virginia: Employee's Injuries After Mysterious Fall Are Not Compensable. The Supreme Court of Appeals affirmed a decision that rejected an employee's application for benefits where the employee claimed he slipped in a puddle of water on the employer's premises...read more.

New York: Special Employer Is Immune From Tort Liability Related to Temporary Employee's Injuries. Stating the general rule, that for purposes of the N.Y. Workers' Compensation Law, the receipt of workers' comp benefits from a general employer precludes an employee from commencing a negligence action against the special employer...read more.

Pennsylvania: Truck Driver's State of Residence Is Insufficient to Establish Jurisdiction Following Extraterritorial Injury. A Pennsylvania appellate court held that a truck driver was not entitled to benefits in Pennsylvania for an extraterritorial injury because his employment was not principally localized in...read more.

national & state news

US DOL Reports 2 Percent Increase in Fatal Occupational Injuries in 2014.

CDC Unveils Draft Guidelines for Physicians Prescribing Opioids.

HHS to Revise Rules for Medication to Treat Opioid Dependence.

OSHA Revises Publication to Protect Safety of Firefighters.

NIOSH Seeks Feedback on Travel Safety Kits for Workers on Int'l Assignments.

RAND: Risk Factors Identified for Police Officer Vehicle Crashes.

AZ: Community Warned of Potential Scam Involving Illegal Use of ICA Name/Seal.

CA: Legislature Sends Workers Comp Drug Formulary Bill to Governor.

CA: AIA Hails Passage of Workers Comp Drug Formulary Bill in Calif.

CA: WCIRB Releases Report on Q2 2015 Statewide Insurer Experience.

CA: DIR Preliminary Report Shows Downward Trend on Workplace Fatalities.

CA: Frontline Medical Associates Allegedly Paid Kickbacks to Work Comp Attorney.

CA: Uber Files Appeal of Class Certification Ruling by Federal District Court.

CA: HR Professionals Mull Doubling of Work Comp Claims During Next 10 Years.

DC: NCCI Explains 0.4 Percent Increase in Loss Cost Filing.

HI: Newspaper Investigates Alleged Attacks on Employee at State Hospital.

IA: NCCI Explains 2.7 Percent Increase in Loss Cost Filing.

MD: Seven Insurance Companies Approved to Offer Workers' Comp Insurance.

MD: NCCI Explains 5.3 Percent Decrease in Loss Cost Filing.

MA: Health Care Services Board Meeting Set for 9/25/2015.

MN: DLI Adopts Rules Requiring Conversion to ICD-10.

NH: NCCI Explains 5.9 Percent Decrease in Loss Cost Filing.

NJ: Court: Need for Total Knee Replacement Related to Preexisting Arthritis.

NY: WCB Files Ambulatory Surgery Fee Schedule Regulations.

NY: WCB Revises Information on Payor Performance Penalty Notices.

NC: Senate Approves Worker Misclassification Bill.

NC: IC Proposes to Adopt Comprehensive Electronic Filing Rules.

ND: Legislative Committee to Review Complaints About WSI.

OK: Editorial: Workers' Comp Reforms Are Working.

OR: Workers Comp Costs to Drop an Average of 5.3 Percent.

OR: WCD Announces Retroactive Program Benefits Effective 10/1/2015.

OR: Court of Appeal Criticized for High # of Decisions Affirmed Without Opinions.

OR: WCD Updates Web-Based PTD Calculator.

OR: WCD Plans to Review Employer-at-Injury Program Rules.

OR: WCD Plans to Review Preferred Worker Program Rules.

OR: WCD Plans to Review Vocational Assistance to Injured Workers Rules.

OR: WCD to Apply IBNR Factor to Security Deposit Calculations for Self-Insureds.

TX: Authorities Question Agreement Between Texas Mutual and Travis County D.A.

TX: DWC Reports Three Percent Increase in Fatal Occupational Injuries in 2014.

TX: 11 Companies Approved to Self-Insure for Workers Comp Claims.

TX: DWC Posts September Safety & Health Update.

TX: SORM Lawsuits Against Injured Workers Places Them at Big Disadvantage.

WY: Occupational Fatalities Increased in 2014.

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.

September 14, 2015: Industrial Injuries in the U.S.: A 14-Year Study.
September 8, 2015: Occupational Safety Research and WC Data.
August 31, 2015: Impact of OSHA Developments on Workers' Comp.
August 24, 2015: Nanoparticles in the Workplace.
August 17, 2015: A Healthier Workforce.

ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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