Vol. 6, Issue 44

Find Solutions & Strategies November 2, 2015

Costs & Benefits of State WC Policy Variations

One-time change in physician may not be that expensive

In This Issue

- LOW BACK PAIN STUDY

- LARSON'S: Attendant Care, Special Indemnity Benefit, Dismissal, Exclusive Remedy

- NATIONAL & STATE NEWS

- eNEWSLETTER ARCHIVES

A Note From the Editor

new study on low back pain examines costs and benefits of state workers' comp policy variations

While employer control reduces medical costs, allowing employees a one-time change in physician may not be as expensive as employers fear

Thomas A. Robinson, co-author, Larson's Workers' Compensation Law

According to a recent study published in the Journal of Occupational and Environmental Medicine, states that give an injured employee broad latitude in choosing the initial treating provider have higher average medical costs and longer average length of disability for claimants than states that allow the employer to make the initial treating provider choice, at least for workers' compensation claims involving lower back pain. That was one of several findings researchers gleaned when they dovetailed a large workers' compensation database of a single private insurer containing more than 59,000 cases from 48 states and the District of Columbia with state-by-state workers' compensation policy information supplied by the US Chamber of Commerce and Workers Compensation Research Institute...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).

Pennsylvania: Mother/Attendant Care Worker May Not Recover for Injuries Sustained When Son Attacked Her With Knife. A Pennsylvania woman who, pursuant to a state-funded program, was paid on an hourly basis to provide attendant care services for her thirty-three year old son who had...read more.

California: Special Indemnity Benefit Provision for Volunteer Peace Officers Does Not Apply to Those Who Draw Salaries. While California Labor Code � 4458.2 provides maximum indemnity levels to volunteer peace officers that sustain certain work-related injuries, the provision does not apply to regularly sworn, salaried peace officers...read more.

Virginia: Dismissal of Employee's Claim Without Prejudice Was Within Commission's Discretion. The dismissal of an employee's claim against the employer without prejudice was within the range of reasonable choices allowed the Virginia Workers' Compensation Commission...read more.

Federal: Negligence Action Filed by Teacher's Aide Against School Following Assault by Student Is Barred by Exclusive Remedy Defense. A negligence action filed by a teacher's aide against her employer and an assistant principal following an incident in which the aide was assaulted and beaten by a student was barred by the exclusive remedy...read more.

national & state news

Congressional Blog Warns of Injured Workers Ending Up on SSDI's Doorstep.

GOP Lawmakers Propose Bill to Protect Business Against Recent NRLB Decision.

Insurance Brokers Claim Voluntary Accident & Disability Insurance Reduces WC Costs.

Latest Map of Uninsured in America Shows Lack of Health Insurance in the South.

Survey of Occupational Injuries, Illnesses Shows Nearly 3 Million Workplace Injuries in 2014.

EEOC Proposes Allowing Genetic Information for Voluntary Workplace Wellness Programs.

AR: WCC Posts 2016 Weekly Workers Comp Rates.

AR: WCC Posts 2016 Maximum Total Disability Rate.

AR: WCC Proposes to Remove Certificates of Deposits as Acceptable Securities.

CA: Amazon Prime Drivers Propose Class Action for Worker Misclassification.

CA: Ex-Driver Claims Uber Should Reimburse Work-Related Expenses.

CA: WCIRB Actuarial Committee Posts Agenda for Nov. 4 Meeting.

CA: Court of Appeal Upholds Constitutionality of Independent Medical Review.

CA: DWC Posts 2015 Revised Benefit Notice Manual.

CO: Pinnacol Offers Free Worksite Wellness Programs for Policyholders Statewide.

DE: Rating the Gait: A New Take on Permanency in Delaware.

IN: DOL Posts 2014 Census of Fatal Occupational Injuries.

LA: Workers Comp Insurance Rates to Fall 2.7 Percent in 2016.

MN: DLI Reports Workplace Injury Rate at All Time Low.

MO: Wife Loses Dependency Benefits Due to Bigamy Defense.

NJ: Court Rejects Respiratory Reopener Claim of Detective Investigator.

NJ: DWC Announces Latest Version of OSCAR-Calcs Application Now Available.

NJ: DWC Posts Second Injury Fund Information Review Form.

NY: WCB Announces 2016 Assessment Rate.

NY: Comptroller Issues Report on WCB's Management of Internal Control System.

NY: WCB Posts Fall 2015 BPR Project Director Update.

NY: Physicians Must Complete 4.5 Hour Course Before Prescribing Medical Marijuana.

NC: IC Posts Transcript of Hearing on Proposed Rule Changes.

ND: Audit of WSI Operations, Finances for 2014-2015 Posted on WSI Site.

OH: Nonprofits No Longer Required to Have WC Coverage for Volunteer Corporate Officers.

OR: MLAC to Discuss MLAC Member Terms for Purposes of 2016 Legislation.

SD: Advisory Council to Discuss Aggregated Compensation for Workers w/Multiple Jobs.

TX: Medical Payments Per Workers Comp Claim Increased 7 Percent in 2013.

TX: CorVel Under Fire for Insensitive Letters to Widows of Police Officers.

TX: DWC Adjusts Gross Annual Payroll Requirements for Seasonal Worker Coverage.

TX: Workplace Injury, Illness Rate Decreased 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.

October 26, 2015: Substantial Evidence Must Have Some Substance.
October 19, 2015: Corporate America's Campaign for Opt Out Laws.
October 12, 2015: Effect of Drug Fee Schedules on WC Prescription Drug Costs.
October 5, 2015: ACA Case-Shifting Incentives May Result in Increased Costs for WC.
September 28, 2015: Adversaries and Frenemies of Workers' Compensation.ACCESS 2010-2015 ARCHIVES AND ARTICLES LIST HERE.

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